To amend the Immigration and Nationality Act to provide for comprehensive reform and to provide conditional nonimmigrant authorization for employment to undocumented aliens, and for other purposes.

SA 3192. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Hagel)
submitted an amendment intended to be proposed by him to the bill S.
2454, to amend the Immigration and Nationality Act to provide for
comprehensive reform and for other purposes; as follows:

Strike all after the enacting clause, and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Comprehensive Immigration Reform Act of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle
barriers.

Subtitle B--Border Security Plans, Strategies, and Reports

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North
American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.

Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure border initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements.

Subtitle D--Border Tunnel Prevention Act

Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.

TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence,
removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration
fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration,
naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.

[[Page S2614]]

Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political
subdivisions and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime
Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of
facilities identified for closures as a result of the
Defense Base Closure Realignment Act of 1990.
Sec. 234. Determination of immigration status of individuals charged
with Federal offenses.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. Alien employment management system.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary guest worker visa program task force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L visa limitations.
Sec. 412. Authorization of appropriations.

Subtitle B--Immigration Injunction Reform

Sec. 421. Short title.
Sec. 422. Appropriate remedies for immigration legislation.
Sec. 423. Effective date.

TITLE V--BACKLOG REDUCTION

Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
INDIVIDUALS

Subtitle A--Conditional Nonimmigrant Workers

Sec. 601. 218D conditional nonimmigrants.
Sec. 602. Adjustment of status for section 218D conditional
nonimmigrants.
Sec. 603. Aliens not subject to direct numerical limitations.
Sec. 604. Employer protections.
Sec. 605. Limitation on adjustment of status for aliens granted
conditional nonimmigrant work authorization.
Sec. 606. Authorization of appropriations.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

Sec. 611. Short title.
Sec. 612. Definitions.

CHAPTER 1--Pilot Program for Earned Status Adjustment of Agricultural
Workers

Sec. 613. Agricultural workers.
Sec. 614. Correction of Social Security records.

CHAPTER 2--Reform of H-2A Worker Program

Sec. 615. Amendment to the Immigration and Nationality Act.

CHAPTER 3--Miscellaneous Provisions

Sec. 616. Determination and use of user fees.
Sec. 617. Regulations.
Sec. 618. Report to Congress.
Sec. 619. Effective date.

Subtitle C--DREAM Act

Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Restoration of State option to determine residency for
purposes of higher education benefits.
Sec. 624. Cancellation of removal and adjustment of status of certain
long-term residents who entered the United States as
children.
Sec. 625. Conditional permanent resident status.
Sec. 626. Retroactive benefits.
Sec. 627. Exclusive jurisdiction.
Sec. 628. Penalties for false statements in application.
Sec. 629. Confidentiality of information.
Sec. 630. Expedited processing of applications; prohibition on fees.
Sec. 631. Higher Education assistance.
Sec. 632. GAO report.

Subtitle D--Grant Programs to Assist Nonimmigrant Workers

Sec. 641. Grants to support public education and community training.
Sec. 642. Funding for the Office of Citizenship.
Sec. 643. Civics integration grant program.

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).

SEC. 3. DEFINITIONS.

In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.

SEC. 4. SEVERABILITY.

If any provision of this Act, any amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be invalid for any reason,
the remainder of this Act, the amendments made by this Act,
and the application of the provisions of such to any other
person or circumstance shall not be affected by such holding.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel.--
(1) Port of entry inspectors.--In each of the fiscal years
2007 through 2011, the Secretary shall, subject to the
availability of appropriations, increase by not less than 500
the number of positions for full-time active duty port of
entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(2) Investigative personnel.--
(A) Immigration and customs enforcement investigators.--
Section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734)
is amended by striking ``800'' and inserting ``1000''.
(B) Additional personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended by subparagraph
(A), during each of the fiscal years 2007 through 2011, the
Secretary shall, subject to the availability of
appropriations, increase by not less than 200 the number of
positions for personnel within the Department assigned to
investigate alien smuggling.
(b) Authorization of Appropriations.--
(1) Port of entry inspectors.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
for each of the fiscal years 2007 through 2011 to carry out
paragraph (1) of subsection (a).
(2) Border patrol agents.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734)
is amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

``(a) Annual Increases.--The Secretary of Homeland Security
shall, subject to the availability of appropriations for such
purpose, increase the number of positions for full-time
active-duty border patrol agents within the Department of
Homeland Security (above the number of such positions for
which funds were appropriated for the preceding fiscal year),
by--
``(1) 2,000 in fiscal year 2006;
``(2) 2,400 in fiscal year 2007;
``(3) 2,400 in fiscal year 2008;
``(4) 2,400 in fiscal year 2009;
``(5) 2,400 in fiscal year 2010; and
``(6) 2,400 in fiscal year 2011;
``(b) Northern Border.--In each of the fiscal years 2006
through 2011, in addition to the border patrol agents
assigned along the northern border of the United States
during the previous fiscal year, the Secretary shall assign a
number of border patrol agents equal to not less than 20
percent of the net increase in border patrol agents during
each such fiscal year.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this
section.''.

SEC. 102. TECHNOLOGICAL ASSETS.

(a) Acquisition.--Subject to the availability of
appropriations, the Secretary shall procure additional
unmanned aerial vehicles, cameras, poles, sensors, and other
technologies necessary to achieve operational control of the
international borders of the United States and to establish a
security perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration.
(b) Increased Availability of Equipment.--The Secretary and
the Secretary of Defense shall develop and implement a plan
to use authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars,
and other surveillance equipment, to assist the Secretary in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall submit to Congress a report that contains--

[[Page S2615]]

(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use
of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).
(e) Construction.--Nothing in this section may be construed
as altering or amending the prohibition on the use of any
part of the Army or the Air Force as a posse comitatus under
section 1385 of title 18, United States Code.

SEC. 103. INFRASTRUCTURE.

(a) Construction of Border Control Facilities.--Subject to
the availability of appropriations, the Secretary shall
construct all-weather roads and acquire additional vehicle
barriers and facilities necessary to achieve operational
control of the international borders of the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).

SEC. 104. BORDER PATROL CHECKPOINTS.

The Secretary may maintain temporary or permanent
checkpoints on roadways in border patrol sectors that are
located in proximity to the international border between the
United States and Mexico.

SEC. 105. PORTS OF ENTRY.

The Secretary is authorized to--
(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary; and
(2) make necessary improvements to the ports of entry in
existence on the date of the enactment of this Act.

SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND
VEHICLE BARRIERS.

(a) Tucson Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Tucson Sector located proximate to population
centers in Douglas, Nogales, Naco, and Lukeville, Arizona
with double- or triple-layered fencing running parallel to
the international border between the United States and
Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas, except
that the double- or triple-layered fence shall extend west of
Naco, Arizona, for a distance of 10 miles; and
(3) construct not less than 150 miles of vehicle barriers
and all-weather roads in the Tucson Sector running parallel
to the international border between the United States and
Mexico in areas that are known transit points for illegal
cross-border traffic.
(b) Yuma Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Yuma Sector located proximate to population
centers in Yuma, Somerton, and San Luis, Arizona with double-
or triple-layered fencing running parallel to the
international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas in the
Yuma Sector.
(3) construct not less than 50 miles of vehicle barriers
and all-weather roads in the Yuma Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-
border traffic.
(c) Construction Deadline.--The Secretary shall immediately
commence construction of the fencing, barriers, and roads
described in subsections (a) and (b), and shall complete such
construction not later than 2 years after the date of the
enactment of this Act.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that describes the progress that has been made in
constructing the fencing, barriers, and roads described in
subsections (a) and (b).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

Subtitle B--Border Security Plans, Strategies, and Reports

SEC. 111. SURVEILLANCE PLAN.

(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the
international land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall
include the following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of the enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection of the Department is
working, or is expected to work, with the Under Secretary for
Science and Technology of the Department to identify and test
surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such
technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on
safety and airspace control issues associated with the use of
unmanned aerial vehicles.
(c) Submission to Congress.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
submit to Congress the plan required by this section.

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

(a) Requirement for Strategy.--The Secretary, in
consultation with the heads of other appropriate Federal
agencies, shall develop a National Strategy for Border
Security that describes actions to be carried out to achieve
operational control over all ports of entry into the United
States and the international land and maritime borders of the
United States.
(b) Content.--The National Strategy for Border Security
shall include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime
borders of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime
borders of the United States that includes a description of
activities being undertaken--
(A) to prevent the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other
contraband into the United States; and
(B) to protect critical infrastructure at or near such
ports of entry or borders.
(4) An assessment of the legal requirements that prevent
achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities,
and recommendations regarding actions the Secretary can carry
out to improve coordination with such authorities to enable
border security and enforcement activities to be carried out
in a more efficient and effective manner.
(8) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, personal property rights,
privacy rights, and civil liberties, including an assessment
of efforts to take into account asylum seekers, trafficking
victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the international land and
maritime borders of the United States.
(11) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(12) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a
prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, an estimate of
the resources needed to carry out such measures, and a
description of how such resources should be allocated.
(c) Consultation.--In developing the National Strategy for
Border Security, the Secretary shall consult with
representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected

[[Page S2616]]

communities that have expertise in areas related to border
security.
(d) Coordination.--The National Strategy for Border
Security shall be consistent with the National Strategy for
Maritime Security developed pursuant to Homeland Security
Presidential Directive 13, dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
update of such Strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section or section
111 may be construed to relieve the Secretary of the
responsibility to take all actions necessary and appropriate
to achieve and maintain operational control over the entire
international land and maritime borders of the United States.

SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON
NORTH AMERICAN SECURITY.

(a) Requirement for Reports.--Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, the Secretary of State, in coordination with the
Secretary and the heads of other appropriate Federal
agencies, shall submit to Congress a report on improving the
exchange of information related to the security of North
America.
(b) Contents.--Each report submitted under subsection (a)
shall contain a description of the following:
(1) Security clearances and document integrity.--The
progress made toward the development of common enrollment,
security, technical, and biometric standards for the
issuance, authentication, validation, and repudiation of
secure documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards for the
issuance, authentication, validation, and repudiation of
travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage foreign
governments to enact laws to combat alien smuggling and
trafficking, and laws to forbid the use and manufacture of
fraudulent travel documents and to promote information
sharing;
(C) applying the necessary pressures and support to ensure
that other countries meet proper travel document standards
and are committed to travel document verification before the
citizens of such countries travel internationally, including
travel by such citizens to the United States; and
(D) providing technical assistance for the development and
maintenance of a national database built upon identified best
practices for biometrics associated with visa and travel
documents.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United
States, including the progress made--
(A) in implementing the Statement of Mutual Understanding
on Information Sharing, signed by Canada and the United
States in February 2003; and
(B) in identifying trends related to immigration fraud,
including asylum and document fraud, and to analyze such
trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who issue
visas at the consulates or embassies of Canada, Mexico, or
the United States throughout the world to share information,
trends, and best practices on visa flows;
(B) in comparing the procedures and policies of Canada and
the United States related to visitor visa processing,
including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and the United
States to waive visa requirements for nationals and citizens
of the same foreign countries;
(D) in providing technical assistance for the development
and maintenance of a national database built upon identified
best practices for biometrics associated with immigration
violators;
(E) in developing and implementing an immigration security
strategy for North America that works toward the development
of a common security perimeter by enhancing technical
assistance for programs and systems to support advance
automated reporting and risk targeting of international
passengers;
(F) in sharing information on lost and stolen passports on
a real-time basis among immigration or law enforcement
officials of Canada, Mexico, and the United States; and
(G) in collecting 10 fingerprints from each individual who
applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the
privacy laws of both countries, share information regarding
third country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The progress made in enhancing
the capacity of the United States to combat terrorism through
the coordination of counterterrorism efforts, including the
progress made--
(A) in developing and implementing bilateral agreements
between Canada and the United States and between Mexico and
the United States to govern the sharing of terrorist watch
list data and to comprehensively enumerate the uses of such
data by the governments of each country;
(B) in establishing appropriate linkages among Canada,
Mexico, and the United States Terrorist Screening Center; and
(C) in exploring with foreign governments the establishment
of a multilateral watch list mechanism that would facilitate
direct coordination between the country that identifies an
individual as an individual included on a watch list, and the
country that owns such list, including procedures that
satisfy the security concerns and are consistent with the
privacy and other laws of each participating country.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information
sharing and law enforcement cooperation in combating
organized crime, including the progress made--
(A) in combating currency smuggling, money laundering,
alien smuggling, and trafficking in alcohol, firearms, and
explosives;
(B) in implementing the agreement between Canada and the
United States known as the Firearms Trafficking Action Plan;
(C) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(D) in developing a joint threat assessment on organized
crime between Canada and the United States;
(E) in determining the feasibility of formulating a joint
threat assessment on organized crime between Mexico and the
United States;
(F) in developing mechanisms to exchange information on
findings, seizures, and capture of individuals transporting
undeclared currency; and
(G) in developing and implementing a plan to combat the
transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico,
and the United States through enhanced technical assistance
for the development and maintenance of a national database
built upon identified best practices for biometrics
associated with known and suspected criminals or terrorists,
including exploring the formation of law enforcement teams
that include personnel from the United States and Mexico, and
appropriate procedures for such teams.

SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

(a) Technical Assistance.--The Secretary of State, in
coordination with the Secretary, shall work to cooperate with
the head of Foreign Affairs Canada and the appropriate
officials of the Government of Mexico to establish a
program--
(1) to assess the specific needs of Guatemala and Belize in
maintaining the security of the international borders of such
countries;
(2) to use the assessment made under paragraph (1) to
determine the financial and technical support needed by
Guatemala and Belize from Canada, Mexico, and the United
States to meet such needs;
(3) to provide technical assistance to Guatemala and Belize
to promote issuance of secure passports and travel documents
by such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of fraudulent travel
documents; and
(C) to share relevant information with Mexico, Canada, and
the United States.
(b) Border Security for Belize, Guatemala, and Mexico.--The
Secretary, in consultation with the Secretary of State, shall
work to cooperate--
(1) with the appropriate officials of the Government of
Guatemala and the Government of Belize to provide law
enforcement assistance to Guatemala and Belize that
specifically addresses immigration issues to increase the
ability of the Government of Guatemala to dismantle human
smuggling organizations and gain additional control over the
international border between Guatemala and Belize; and
(2) with the appropriate officials of the Government of
Belize, the Government of Guatemala, the Government of
Mexico, and the governments of neighboring contiguous
countries to establish a program to provide needed equipment,
technical assistance, and vehicles to manage, regulate, and
patrol the international borders between Mexico and Guatemala
and between Mexico and Belize.
(c) Tracking Central American Gangs.--The Secretary of
State, in coordination with the Secretary and the Director of
the Federal Bureau of Investigation, shall work to cooperate
with the appropriate officials of the Government of Mexico,
the Government of Guatemala, the Government of Belize, and
the governments of other Central American countries--

[[Page S2617]]

(1) to assess the direct and indirect impact on the United
States and Central America of deporting violent criminal
aliens;
(2) to establish a program and database to track
individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the
governments of Belize, Guatemala, Mexico, the United States,
and other appropriate countries to notify such a government
if an individual suspected of gang activity will be deported
to that country prior to the deportation and to provide
support for the reintegration of such deportees into that
country; and
(4) to develop an agreement to share all relevant
information related to individuals connected with Central
American gangs.
(d) Limitations on Assistance.--Any funds made available to
carry out this section shall be subject to the limitations
contained in section 551 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 2006
(Public Law 109-102; 119 Stat. 2218).

SEC. 115. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination between the Bureau
of Immigration and Customs Enforcement and the Bureau of
Customs and Border Protection of the Department and any other
Federal, State, local, or tribal authorities, as determined
appropriate by the Secretary, to improve coordination efforts
to combat human smuggling.
(b) Content.--In developing the plan required by subsection
(a), the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures
that prevent, detect, and prosecute international money
laundering and other operations that are utilized in
smuggling;
(5) joint measures, with the Secretary of State, to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combating human smuggling.
(c) Report.--Not later than 1 year after implementing the
plan described in subsection (a), the Secretary shall submit
to Congress a report on such plan, including any
recommendations for legislative action to improve efforts to
combating human smuggling.
(d) Savings Provision.--Nothing in this section may be
construed to provide additional authority to any State or
local entity to enforce Federal immigration laws.

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2007, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a).

SEC. 122. SECURE COMMUNICATION.

The Secretary shall, as expeditiously as practicable,
develop and implement a plan to improve the use of satellite
communications and other technologies to ensure clear and
secure 2-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

(a) In General.--The Comptroller General of the United
States shall conduct a review of the basic training provided
to Border Patrol agents by the Secretary to ensure that such
training is provided as efficiently and cost-effectively as
possible.
(b) Components of Review.--The review under subsection (a)
shall include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by
the Federal Law Enforcement Training Center, including a
description of how such curriculum has changed since
September 11, 2001, and an evaluation of language and
cultural diversity training programs provided within such
curriculum.
(2) A review and a detailed breakdown of the costs incurred
by the Bureau of Customs and Border Protection and the
Federal Law Enforcement Training Center to train 1 new Border
Patrol agent.
(3) A comparison, based on the review and breakdown under
paragraph (2), of the costs, effectiveness, scope, and
quality, including geographic characteristics, with other
similar training programs provided by State and local
agencies, nonprofit organizations, universities, and the
private sector.
(4) An evaluation of whether utilizing comparable non-
Federal training programs, proficiency testing, and long-
distance learning programs may affect--
(A) the cost-effectiveness of increasing the number of
Border Patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed to
fulfill the mission and duties of a Border Patrol agent.

SEC. 124. US-VISIT SYSTEM.

Not later than 6 months after the date of the enactment of
this Act, the Secretary, in consultation with the heads of
other appropriate Federal agencies, shall submit to Congress
a schedule for--
(1) equipping all land border ports of entry of the United
States with the U.S.-Visitor and Immigrant Status Indicator
Technology (US-VISIT) system implemented under section 110 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the
exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems
operated by the Secretary.

SEC. 125. DOCUMENT FRAUD DETECTION.

(a) Training.--Subject to the availability of
appropriations, the Secretary shall provide all Customs and
Border Protection officers with training in identifying and
detecting fraudulent travel documents. Such training shall be
developed in consultation with the head of the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall
provide all Customs and Border Protection officers with
access to the Forensic Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Inspector General
shall submit to Congress the findings of the assessment
required by paragraph (1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of fiscal years 2007 through 2011 to carry
out this section.

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

(a) In General.--Section 303 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is
amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``entry and exit
documents'' and inserting ``travel and entry documents and
evidence of status'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004, the''
and inserting ``The''; and
(B) by striking ``visas and'' both places it appears and
inserting ``visas, evidence of status, and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Other Documents.--Not later than October 26, 2007,
every document, other than an interim document, issued by the
Secretary of Homeland Security, which may be used as evidence
of an alien's status as an immigrant, nonimmigrant, parolee,
asylee, or refugee, shall be machine-readable and tamper-
resistant, and shall incorporate a biometric identifier to
allow the Secretary of Homeland Security to verify
electronically the identity and status of the alien.''.

SEC. 127. CANCELLATION OF VISAS.

Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting ``and any other nonimmigrant visa issued
by the United States that is in the possession of the alien''
after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office
located in the country of the alien's nationality'' and
inserting ``(other than a visa described in paragraph (1))
issued in a consular office located in the country of the
alien's nationality or foreign residence''.

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Collection of Biometric Data From Aliens Departing the
United States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and

[[Page S2618]]

(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to
require aliens departing the United States to provide
biometric data and other information relating to their
immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d)
(8 U.S.C. 1225(d)) is amended by adding at the end the
following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking to
transit through the United States; or
``(B) any lawful permanent resident who is entering the
United States and who is not regarded as seeking admission
pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--
Section 252 (8 U.S.C. 1282) is amended by adding at the end
the following:
``(d) An immigration officer is authorized to collect
biometric data from an alien crewman seeking permission to
land temporarily in the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C.
1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for biometric
data under section 215(c) or 235(d) is inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to
an alien described in subparagraph (C) of subsection (a)(7)
and may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of
the Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred
to as the Administrative Procedure Act) or any other law
relating to rulemaking, information collection, or
publication in the Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2007 and 2008 to implement
the automated biometric entry and exit data system at all
land border ports of entry.''.

SEC. 129. BORDER STUDY.

(a) Southern Border Study.--The Secretary, in consultation
with the Attorney General, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Defense, the
Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall conduct a study on the
construction of a system of physical barriers along the
southern international land and maritime border of the United
States. The study shall include--
(1) an assessment of the necessity of constructing such a
system, including the identification of areas of high
priority for the construction of such a system determined
after consideration of factors including the amount of
narcotics trafficking and the number of illegal immigrants
apprehended in such areas;
(2) an assessment of the feasibility of constructing such a
system;
(3) an assessment of the international, national, and
regional environmental impact of such a system, including the
impact on zoning, global climate change, ozone depletion,
biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along
such a system;
(5) an assessment of the impact such a system would have on
international trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private
property rights including issues of eminent domain and
riparian rights;
(7) an estimate of the costs associated with building a
barrier system, including costs associated with excavation,
construction, and maintenance;
(8) an assessment of the effect of such a system on Indian
reservations and units of the National Park System; and
(9) an assessment of the necessity of constructing such a
system after the implementation of provisions of this Act
relating to guest workers, visa reform, and interior and
worksite enforcement, and the likely effect of such
provisions on undocumented immigration and the flow of
illegal immigrants across the international border of the
United States;
(10) an assessment of the impact of such a system on
diplomatic relations between the United States and Mexico,
Central America, and South America, including the likely
impact of such a system on existing and potential areas of
bilateral and multilateral cooperative enforcement efforts;
(11) an assessment of the impact of such a system on the
quality of life within border communities in the United
States and Mexico, including its impact on noise and light
pollution, housing, transportation, security, and
environmental health;
(12) an assessment of the likelihood that such a system
would lead to increased violations of the human rights,
health, safety, or civil rights of individuals in the region
near the southern international border of the United States,
regardless of the immigration status of such individuals;
(13) an assessment of the effect such a system would have
on violence near the southern international border of the
United States; and
(14) an assessment of the effect of such a system on the
vulnerability of the United States to infiltration by
terrorists or other agents intending to inflict direct harm
on the United States.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study described in subsection (a).

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

(a) In General.--The Inspector General of the Department
shall review each contract action relating to the Secure
Border Initiative having a value of more than $20,000,000, to
determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned
business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each
contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily
suspend the contractor from further participation in the
Secure Border Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary a report containing the findings of the review,
including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small businesses to
compete; or
(F) other high risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the
Secretary shall submit a report, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, that describes--
(A) the findings of the report received from the Inspector
General; and
(B) the steps the Secretary has taken, or plans to take, to
address the problems identified in such report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters is not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later that 30 days
after receiving information regarding a proposed purchase of
a contract to manage the operations of a United States port
by a foreign entity, the Committee on Foreign Investment in
the United States shall submit a report to Congress that
describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to
amounts that are otherwise authorized to be appropriated to
the Office of the Inspector General of the Department, there
are authorized to be appropriated to the Office, to enable
the Office to carry out this section--
(1) for fiscal year 2007, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2008, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2009, not less than 7 percent of the
overall budget of the Office for such fiscal year.

SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR
BETWEEN PORTS OF ENTRY.

(a) In General.--Beginning on October 1, 2007, an alien
(other than a national of Mexico) who is attempting to
illegally enter the

[[Page S2619]]

United States and who is apprehended at a United States port
of entry or along the international land and maritime border
of the United States shall be detained until removed or a
final decision granting admission has been determined, unless
the alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1225(a)(4)) and immediately departs from the
United States pursuant to such section; or
(2) is paroled into the United States by the Secretary for
urgent humanitarian reasons or significant public benefit in
accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days
after the date of the enactment of this Act and before
October 1, 2007, an alien described in subsection (a) may be
released with a notice to appear only if--
(1) the Secretary determines, after conducting all
appropriate background and security checks on the alien, that
the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction.--
(1) Asylum and removal.--Nothing in this section shall be
construed as limiting the right of an alien to apply for
asylum or for relief or deferral of removal based on a fear
of persecution.
(2) Treatment of certain aliens.--The mandatory detention
requirement in subsection (a) does not apply to any alien who
is a native or citizen of a country in the Western Hemisphere
with whose government the United States does not have full
diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary, in the
Secretary's sole unreviewable discretion, to determine
whether an alien described in clause (ii) of section
235(b)(1)(B) of the Immigration and Nationality Act shall be
detained or released after a finding of a credible fear of
persecution (as defined in clause (v) of such section).

SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL,
REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 554. Evasion of inspection or during violation of
arrival, reporting, entry, or clearance requirements

``(a) Prohibition.--A person shall be punished as described
in subsection (b) if such person attempts to elude or eludes
customs, immigration, or agriculture inspection or fails to
stop at the command of an officer or employee of the United
States charged with enforcing the immigration, customs, or
other laws of the United States at a port of entry or customs
or immigration checkpoint;
``(b) Penalties.--A person who commits an offense described
in subsection (a) shall be--
``(1) fined under this title;
``(2)(A) imprisoned for not more than 3 years, or both;
``(B) imprisoned for not more than 10 years, or both, if in
commission of this violation, attempts to inflict or inflicts
bodily injury (as defined in section 1365(g) of this title);
or
``(C) imprisoned for any term of years or for life, or
both, if death results, and may be sentenced to death; or
``(3) both fined and imprisoned under this subsection.
``(c) Conspiracy.--If 2 or more persons conspire to commit
an offense described in subsection (a), and 1 or more of such
persons do any act to effect the object of the conspiracy,
each shall be punishable as a principal, except that the
sentence of death may not be imposed.
``(d) Prima Facie Evidence.--For the purposes of seizure
and forfeiture under applicable law, in the case of use of a
vehicle or other conveyance in the commission of this
offense, or in the case of disregarding or disobeying the
lawful authority or command of any officer or employee of the
United States under section 111(b) of this title, such
conduct shall constitute prima facie evidence of smuggling
aliens or merchandise.''.
(b) Conforming Amendment.--The table of sections for
chapter 27 of title 18, United States Code, is amended by
inserting at the end:

``554. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements.''.

(c) Failure to Obey Border Enforcement Officers.--Section
111 of title 18, United States Code, is amended by inserting
after subsection (b) the following:
``(c) Failure to Obey Lawful Orders of Border Enforcement
Officers.--Whoever willfully disregards or disobeys the
lawful authority or commend of any officer or employee of the
United States charged with enforcing the immigration,
customs, or other laws of the United States while engaged in,
or on account of, the performance of official duties shall be
fined under this title or imprisoned for not more than 5
years, or both.''.

Subtitle D--Border Tunnel Prevention Act

SEC. 141. SHORT TITLE.

This subtitle may be cited as the ``Border Tunnel
Prevention Act''.

SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 554. Border tunnels and passages

``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses
the international border between the United States and
another country, other than a lawfully authorized tunnel or
passage known to the Secretary of Homeland Security and
subject to inspection by the Bureau of Immigration and
Customs Enforcement, shall be fined under this title and
imprisoned for not more than 20 years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in
subsection (a) on land that the person owns or controls shall
be fined under this title and imprisoned for not more than 10
years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in
violation of section 545), controlled substances, weapons of
mass destruction (including biological weapons), or a member
of a terrorist organization (as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term
of imprisonment that is twice the maximum term of
imprisonment that would have otherwise been applicable had
the unlawful activity not made use of such a tunnel or
passage.''.
(b) Clerical Amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by adding at
the end the following:

``Sec. 554. Border tunnels and passages.''.

(c) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by inserting ``554,'' before
``1425,''.

SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.

(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
promulgate or amend sentencing guidelines to provide for
increased penalties for persons convicted of offenses
described in section 554 of title 18, United States Code, as
added by section 132.
(b) Requirements.--In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious
nature of the offenses described in section 554 of title 18,
United States Code, and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(2) provide adequate base offense levels for offenses under
such section;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a tunnel or passage described in subsection
(a) of such section to facilitate other felonies; and
(B) the circumstances for which the sentencing guidelines
currently provide applicable sentencing enhancements;
(4) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(6) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code.

TITLE II--INTERIOR ENFORCEMENT

SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

(a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C.
1158(b)(2)(A)(v)) is amended by striking ``or (VI)'' and
inserting ``(V), (VI), (VII), or (VIII)''.
(b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
1229c(b)(1)(C)) is amended by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)'' and
inserting ``described in paragraph (2)(A)(iii) or (4) of
section 237(a)''.
(d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv) by striking the period at the end and
inserting ``; or'';
(3) by inserting after clause (iv) the following:
``(v) the alien is described in section 237(a)(4)(B) (other
than an alien described in section 212(a)(3)(B)(i)(IV) if the
Secretary of Homeland Security determines that there are not
reasonable grounds for regarding the alien as a danger to the
security of the United States).''; and
(4) in the undesignated paragraph, by striking ``For
purposes of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect
to whom there are reasonable grounds for regarding as a
danger to the security of the United States.''.
(e) Record of Admission.--Section 249 (8 U.S.C. 1259) is
amended to read as follows:

[[Page S2620]]

``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN
THE CASE OF CERTAIN ALIENS WHO ENTERED THE
UNITED STATES PRIOR TO JANUARY 1, 1972.

``A record of lawful admission for permanent residence may
be made, in the discretion of the Secretary of Homeland
Security and under such regulations as the Secretary may
prescribe, for any alien, as of the date of the approval of
the alien's application or, if entry occurred before July 1,
1924, as of the date of such entry if no such record is
otherwise available, if the alien establishes that the
alien--
``(1) is not described in section 212(a)(3)(E) or in
section 212(a) (insofar as it relates to criminals,
procurers, other immoral persons, subversives, violators of
the narcotics laws, or smugglers of aliens);
``(2) entered the United States before January 1, 1972;
``(3) has resided in the United States continuously since
such entry;
``(4) is a person of good moral character;
``(5) is not ineligible for citizenship; and
``(6) is not described in section 237(a)(4)(B).''.
(f) Effective Date and Application.--The amendments made by
this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any act or condition constituting a ground for
inadmissibility, excludability, or removal occurring or
existing on or after the date of the enactment of this Act.

SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

(a) In General.--
(1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(A) by striking ``Attorney General'' the first place it
appears and inserting ``Secretary of Homeland Security'';
(B) by striking ``Attorney General'' any other place it
appears and inserting ``Secretary'';
(C) in paragraph (1)--
(i) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien,
the expiration date of the stay of removal.''.
(ii) by amending subparagraph (C) to read as follows:
``(C) Extension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien fails
or refuses to--
``(i) make all reasonable efforts to comply with the
removal order; or
``(ii) fully cooperate with the Secretary's efforts to
establish the alien's identity and carry out the removal
order, including failing to make timely application in good
faith for travel or other documents necessary to the alien's
departure, or conspiring or acting to prevent the alien's
removal.''; and
(iii) by adding at the end the following:
``(D) Tolling of period.--If, at the time described in
subparagraph (B), the alien is not in the custody of the
Secretary under the authority of this Act, the removal period
shall not begin until the alien is taken into such custody.
If the Secretary lawfully transfers custody of the alien
during the removal period to another Federal agency or to a
State or local government agency in connection with the
official duties of such agency, the removal period shall be
tolled, and shall recommence on the date on which the alien
is returned to the custody of the Secretary.'';
(D) in paragraph (2), by adding at the end the following:
``If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administrative final order of removal, the
Secretary, in the exercise of discretion, may detain the
alien during the pendency of such stay of removal.'';
(E) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or to perform affirmative acts, that
the Secretary prescribes for the alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community; or
``(iii) for other purposes related to the enforcement of
the immigration laws.'';
(F) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary, without any limitations other than those
specified in this section, until the alien is removed. If an
alien is released, the alien'';
(G) by redesignating paragraph (7) as paragraph (10); and
(H) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
the alien's parole or the alien's removal becomes reasonably
foreseeable, provided that in no circumstance shall such
alien be considered admitted.
``(8) Additional rules for detention or release of
aliens.--The following procedures shall apply to an alien
detained under this section:
``(A) Detention review process for aliens who have effected
an entry and fully cooperate with removal.--The Secretary of
Homeland Security shall establish an administrative review
process to determine whether an alien described in
subparagraph (B) should be detained or released after the
removal period in accordance with this paragraph.
``(B) Alien described.--An alien is described in this
subparagraph if the alien--
``(i) has effected an entry into the United States;
``(ii) has made all reasonable efforts to comply with the
alien's removal order;
``(iii) has cooperated fully with the Secretary's efforts
to establish the alien's identity and to carry out the
removal order, including making timely application in good
faith for travel or other documents necessary for the alien's
departure; and
``(iv) has not conspired or acted to prevent removal.
``(C) Evidence.--In making a determination under
subparagraph (A), the Secretary--
``(i) shall consider any evidence submitted by the alien;
``(ii) may consider any other evidence, including--

``(I) any information or assistance provided by the
Department of State or other Federal agency; and
``(II) any other information available to the Secretary
pertaining to the ability to remove the alien.

``(D) Authority to detain for 90 days beyond removal
period.--The Secretary, in the exercise of the Secretary's
discretion and without any limitations other than those
specified in this section, may detain an alien for 90 days
beyond the removal period (including any extension of the
removal period under paragraph (1)(C)).
``(E) Authority to detain for additional period.--The
Secretary, in the exercise of the Secretary's discretion and
without any limitations other than those specified in this
section, may detain an alien beyond the 90-day period
authorized under subparagraph (D) until the alien is removed,
if the Secretary--
``(i) determines that there is a significant likelihood
that the alien will be removed in the reasonably foreseeable
future; or
``(ii) certifies in writing--

``(I) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(II) after receipt of a written recommendation from the
Secretary of State, that the release of the alien would
likely have serious adverse foreign policy consequences for
the United States;
``(III) based on information available to the Secretary
(including classified, sensitive, or national security
information, and regardless of the grounds upon which the
alien was ordered removed), that there is reason to believe
that the release of the alien would threaten the national
security of the United States;
``(IV) that--

``(aa) the release of the alien would threaten the safety
of the community or any person, and conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person; and
``(bb) the alien--

``(AA) has been convicted of 1 or more aggravated felonies
(as defined in section 101(a)(43)(A)), or of 1 or more
attempts or conspiracies to commit any such aggravated
felonies for an aggregate term of imprisonment of at least 5
years; or
``(BB) has committed a crime of violence (as defined in
section 16 of title 18, United States Code, but not including
a purely political offense) and, because of a mental
condition or personality disorder and behavior associated
with that condition or disorder, is likely to engage in acts
of violence in the future; or
``(V) that--

``(aa) the release of the alien would threaten the safety
of the community or any person, notwithstanding conditions of
release designed to ensure the safety of the community or any
person; and
``(bb) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)) for which the
alien was sentenced to an aggregate term of imprisonment of
not less than 1 year.
``(F) Administrative review process.--The Secretary,
without any limitations other than those specified in this
section, may detain an alien pending a determination under
subparagraph (E)(ii), if the Secretary has initiated the
administrative review process identified in subparagraph (A)
not later than 30 days after the expiration of the removal
period (including any extension of the removal period under
paragraph (1)(C)).
``(G) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a certification
under subparagraph (E)(ii) every 6 months, without
limitation, after providing the alien with an opportunity to
request reconsideration of the certification and to submit
documents or other evidence in support of that request. If
the Secretary does not renew such certification, the
Secretary shall release the alien, pursuant to subparagraph
(H).
``(ii) Delegation.--Notwithstanding any other provision of
law, the Secretary may not delegate the authority to make or
renew a certification described in subclause (II), (III), or
(V) of subparagraph (E)(ii) to any

[[Page S2621]]

employee reporting to the Assistant Secretary for Immigration
and Customs Enforcement.
``(iii) Hearing.--The Secretary may request that the
Attorney General, or a designee of the Attorney General,
provide for a hearing to make the determination described in
subparagraph (E)(ii)(IV)(bb)(BB).
``(H) Release on conditions.--If it is determined that an
alien should be released from detention, the Secretary may,
in the Secretary's discretion, impose conditions on release
in accordance with the regulations prescribed pursuant to
paragraph (3).
``(I) Redetention.--The Secretary, without any limitations
other than those specified in this section, may detain any
alien subject to a final removal order who has previously
been released from custody if--
``(i) the alien fails to comply with the conditions of
release;
``(ii) the alien fails to continue to satisfy the
conditions described in subparagraph (B); or
``(iii) upon reconsideration, the Secretary determines that
the alien can be detained under subparagraph (E).
``(J) Applicability.--This paragraph and paragraphs (6) and
(7) shall apply to any alien returned to custody under
subparagraph (I) as if the removal period terminated on the
day of the redetention.
``(K) Detention review process for aliens who have effected
an entry and fail to cooperate with removal.--The Secretary
shall detain an alien until the alien makes all reasonable
efforts to comply with a removal order and to cooperate fully
with the Secretary's efforts, if the alien--
``(i) has effected an entry into the United States; and
``(ii)(I) and the alien faces a significant likelihood that
the alien will be removed in the reasonably foreseeable
future, or would have been removed if the alien had not--

``(aa) failed or refused to make all reasonable efforts to
comply with a removal order;
``(bb) failed or refused to fully cooperate with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including the failure to make
timely application in good faith for travel or other
documents necessary to the alien's departure; or
``(cc) conspired or acted to prevent removal; or

``(II) the Secretary makes a certification as specified in
subparagraph (E), or the renewal of a certification specified
in subparagraph (G).
``(L) Detention review process for aliens who have not
effected an entry.--Except as otherwise provided in this
subparagraph, the Secretary shall follow the guidelines
established in section 241.4 of title 8, Code of Federal
Regulations, when detaining aliens who have not effected an
entry. The Secretary may decide to apply the review process
outlined in this paragraph.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia and
only if the alien has exhausted all administrative remedies
(statutory and nonstatutory) available to the alien as of
right.''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date of the enactment of this
Act; and
(B) shall apply to--
(i) any alien subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(ii) any act or condition occurring or existing before, on,
or after the date of the enactment of this Act.
(b) Criminal Detention of Aliens.--Section 3142 of title
18, United States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by inserting ``(1)'' before ``If, after a hearing'';
(C) in subparagraphs (B) and (C), as redesignated, by
striking ``paragraph (1)'' and inserting ``subparagraph
(A)''; and
(D) by adding after subparagraph (C), as redesignated, the
following:
``(2) Subject to rebuttal by the person, it shall be
presumed that no condition or combination of conditions will
reasonably assure the appearance of the person as required if
the judicial officer finds that there is probable cause to
believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under section 911,
922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter
75 or 77 of this title, or section 243, 274, 275, 276, 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253,
1324, 1325, 1326, 2327, and 1328).''; and
(2) in subsection (g)(3)--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(C) the person's immigration status; and''.

SEC. 203. AGGRAVATED FELONY.

(a) Definition of Aggravated Felony.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law
(except for the provision providing an effective date for
section 203 of the Comprehensive Reform Act of 2006), the
term `aggravated felony' applies to an offense described in
this paragraph, whether in violation of Federal or State law
and to such an offense in violation of the law of a foreign
country, for which the term of imprisonment was completed
within the previous 15 years, even if the length of the term
of imprisonment is based on recidivist or other enhancements
and regardless of whether the conviction was entered before,
on, or after September 30, 1996, and means--'';
(2) in subparagraph (A), by striking ``murder, rape, or
sexual abuse of a minor;'' and inserting ``murder, rape, or
sexual abuse of a minor, whether or not the minority of the
victim is established by evidence contained in the record of
conviction or by evidence extrinsic to the record of
conviction;'';
(3) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'';
(4) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275
or 276 for which the term of imprisonment is at least 1
year'';
(5) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``aiding or abetting an offense described in
this paragraph, or soliciting, counseling, procuring,
commanding, or inducing another, attempting, or conspiring to
commit such an offense''; and
(6) by striking the undesignated matter following
subparagraph (U).
(b) Effective Date and Application.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply to any act that occurred on or after the date of
the enactment of this Act.
(2) Application of iiraira amendments.--The amendments to
section 101(a)(43) of the Immigration and Nationality Act
made by section 321 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-627) shall continue to apply,
whether the conviction was entered before, on, or after
September 30, 1996.

SEC. 204. TERRORIST BARS.

(a) Definition of Good Moral Character.--Section 101(f) (8
U.S.C. 1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or
Attorney General based upon any relevant information or
evidence, including classified, sensitive, or national
security information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following: ``,
regardless of whether the crime was defined as an aggravated
felony under subsection (a)(43) at the time of the
conviction, unless--
``(A) the person completed the term of imprisonment and
sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the Attorney
General waives the application of this paragraph; or''; and
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character'' and inserting the
following: ``a discretionary finding for other reasons that
such a person is or was not of good moral character. In
determining an applicant's moral character, the Secretary of
Homeland Security and the Attorney General may take into
consideration the applicant's conduct and acts at any time
and are not limited to the period during which good moral
character is required.''.
(b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b))
is amended by adding at the end the following: ``A petition
may not be approved under this section if there is any
administrative or judicial proceeding (whether civil or
criminal) pending against the petitioner that could directly
or indirectly result in the petitioner's denaturalization or
the loss of the petitioner's lawful permanent resident
status.''.
(c) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien has had the conditional
basis removed pursuant to this section'' before the period at
the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien has had the
conditional basis removed pursuant to this section'' before
the period at the end.
(d) Judicial Review of Naturalization Applications.--
Section 310(c) (8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and
(2) by adding at the end the following: ``Except that in
any proceeding, other than a proceeding under section 340,
the court shall review for substantial evidence the
administrative record and findings of the Secretary of
Homeland Security regarding whether an

[[Page S2622]]

alien is a person of good moral character, understands and is
attached to the principles of the Constitution of the United
States, or is well disposed to the good order and happiness
of the United States. The petitioner shall have the burden of
showing that the Secretary's denial of the application was
contrary to law.''.
(e) Persons Endangering National Security.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person
may not be naturalized if the Secretary of Homeland Security
determines, based upon any relevant information or evidence,
including classified, sensitive, or national security
information, that the person was once an alien described in
section 212(a)(3) or 237(a)(4).''.
(f) Concurrent Naturalization and Removal Proceedings.--
Section 318 (8 U.S.C. 1429) is amended by striking ``the
Attorney General if'' and all that follows and inserting:
``the Secretary of Homeland Security or any court if there is
pending against the applicant any removal proceeding or other
proceeding to determine the applicant's inadmissibility or
deportability, or to determine whether the applicant's lawful
permanent resident status should be rescinded, regardless of
when such proceeding was commenced. The findings of the
Attorney General in terminating removal proceedings or
canceling the removal of an alien under this Act shall not be
deemed binding in any way upon the Secretary of Homeland
Security with respect to the question of whether such person
has established eligibility for naturalization in accordance
with this title.''.
(g) District Court Jurisdiction.--Section 336(b) (8 U.S.C.
1447(b)) is amended to read as follows:
``(b) Request for Hearing Before District Court.--If there
is a failure to render a final administrative decision under
section 335 before the end of the 180-day period beginning on
the date on which the Secretary of Homeland Security
completes all examinations and interviews required under such
section, the applicant may apply to the district court for
the district in which the applicant resides for a hearing on
the matter. The Secretary shall notify the applicant when
such examinations and interviews have been completed. Such
district court shall only have jurisdiction to review the
basis for delay and remand the matter, with appropriate
instructions, to the Secretary for the Secretary's
determination on the application.''.
(h) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to any act that occurred on or after such
date of enactment.

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG
VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.

(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (J);
and
(B) by inserting after subparagraph (E) the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who a
consular officer, the Attorney General, or the Secretary of
Homeland Security knows or has reason to believe--
``(i) is, or has been, a member of a criminal street gang
(as defined in section 521(a) of title 18, United States
Code); or
``(ii) has participated in the activities of a criminal
street gang, knowing or having reason to know that such
activities promoted, furthered, aided, or supported the
illegal activity of the criminal gang,

is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who the
Secretary of Homeland Security or the Attorney General knows
or has reason to believe--
``(i) is, or at any time after admission has been, a member
of a criminal street gang (as defined in section 521(a) of
title 18, United States Code); or
``(ii) has participated in the activities of a criminal
street gang, knowing or having reason to know that such
activities promoted, furthered, aided, or supported the
illegal activity of the criminal gang,

is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(B) in subsection (b)(3)--
(i) in subparagraph (B), by striking the last sentence and
inserting the following: ``Notwithstanding any other
provision of this section, the Secretary of Homeland Security
may, for any reason (including national security), terminate
or modify any designation under this section. Such
termination or modification is effective upon publication in
the Federal Register, or after such time as the Secretary may
designate in the Federal Register.'';
(ii) in subparagraph (C), by striking ``a period of 12 or
18 months'' and inserting ``any other period not to exceed 18
months'';
(C) in subsection (c)--
(i) in paragraph (1)(B), by striking ``The amount of any
such fee shall not exceed $50.'';
(ii) in paragraph (2)(B)--

(I) in clause (i), by striking ``, or'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the following:

``(iii) the alien is, or at any time after admission has
been, a member of a criminal street gang (as defined in
section 521(a) of title 18, United States Code).''; and
(D) in subsection (d)--
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end the following:
``The Secretary of Homeland Security may detain an alien
provided temporary protected status under this section
whenever appropriate under any other provision of law.''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C.
1253) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``212(a) or'' after ``section''; and
(B) in the matter following subparagraph (D)--
(i) by striking ``or imprisoned not more than four years''
and inserting ``and imprisoned for not less than 6 months or
more than 5 years''; and
(ii) by striking ``, or both'';
(2) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and
inserting ``under title 18, United States Code, and
imprisoned for not less than 6 months or more than 5 years
(or for not more than 10 years if the alien is a member of
any of the classes described in paragraphs (1)(E), (2), (3),
and (4) of section 237(a)).''; and
(3) by amending subsection (d) to read as follows:
``(d) Denying Visas to Nationals of Country Denying or
Delaying Accepting Alien.--The Secretary of Homeland
Security, after making a determination that the government of
a foreign country has denied or unreasonably delayed
accepting an alien who is a citizen, subject, national, or
resident of that country after the alien has been ordered
removed, and after consultation with the Secretary of State,
may instruct the Secretary of State to deny a visa to any
citizen, subject, national, or resident of that country until
the country accepts the alien that was ordered removed.''.
(c) Alien Smuggling and Related Offenses.--
(1) In general.--Section 274 (8 U.S.C. 1324), is amended to
read as follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

``(a) Criminal Offenses and Penalties.--
``(1) Prohibited activities.--Except as provided in
paragraph (3), a person shall be punished as provided under
paragraph (2), if the person--
``(A) facilitates, encourages, directs, or induces a person
to come to or enter the United States, or to cross the border
to the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to come to, enter, or cross the border to the United States;
``(B) facilitates, encourages, directs, or induces a person
to come to or enter the United States, or to cross the border
to the United States, at a place other than a designated port
of entry or place other than as designated by the Secretary
of Homeland Security, knowing or in reckless disregard of the
fact that such person is an alien and regardless of whether
such alien has official permission or lawful authority to be
in the United States;
``(C) transports, moves, harbors, conceals, or shields from
detection a person outside of the United States knowing or in
reckless disregard of the fact that such person is an alien
in unlawful transit from 1 country to another or on the high
seas, under circumstances in which the alien is seeking to
enter the United States without official permission or legal
authority;
``(D) encourages or induces a person to reside in the
United States, knowing or in reckless disregard of the fact
that such person is an alien who lacks lawful authority to
reside in the United States;
``(E) transports or moves a person in the United States,
knowing or in reckless disregard of the fact that such person
is an alien who lacks lawful authority to enter or be in the
United States, if the transportation or movement will further
the alien's illegal entry into or illegal presence in the
United States;
``(F) harbors, conceals, or shields from detection a person
in the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to be in the United States; or
``(G) conspires or attempts to commit any of the acts
described in subparagraphs (A) through (F).
``(2) Criminal penalties.--A person who violates any
provision under paragraph (1)--
``(A) except as provided in subparagraphs (C) through (G),
if the offense was not committed for commercial advantage,
profit, or private financial gain, shall be fined under title
18, United States Code, imprisoned for not more than 5 years,
or both;
``(B) except as provided in subparagraphs (C) through (G),
if the offense was committed

[[Page S2623]]

for commercial advantage, profit, or private financial gain--
``(i) if the violation is the offender's first violation
under this subparagraph, shall be fined under such title,
imprisoned for not more than 20 years, or both; or
``(ii) if the violation is the offender's second or
subsequent violation of this subparagraph, shall be fined
under such title, imprisoned for not less than 3 years or
more than 20 years, or both;
``(C) if the offense furthered or aided the commission of
any other offense against the United States or any State that
is punishable by imprisonment for more than 1 year, shall be
fined under such title, imprisoned for not less than 5 years
or more than 20 years, or both;
``(D) shall be fined under such title, imprisoned not less
than 5 years or more than 20 years, or both, if the offense
created a substantial and foreseeable risk of death, a
substantial and foreseeable risk of serious bodily injury (as
defined in section 2119(2) of title 18, United States Code),
or inhumane conditions to another person, including--
``(i) transporting the person in an engine compartment,
storage compartment, or other confined space;
``(ii) transporting the person at an excessive speed or in
excess of the rated capacity of the means of transportation;
or
``(iii) transporting the person in, harboring the person
in, or otherwise subjecting the person to crowded or
dangerous conditions;
``(E) if the offense caused serious bodily injury (as
defined in section 2119(2) of title 18, United States Code)
to any person, shall be fined under such title, imprisoned
for not less than 7 years or more than 30 years, or both;
``(F) shall be fined under such title and imprisoned for
not less than 10 years or more than 30 years if the offense
involved an alien who the offender knew or had reason to
believe was--
``(i) engaged in terrorist activity (as defined in section
212(a)(3)(B)); or
``(ii) intending to engage in terrorist activity;
``(G) if the offense caused or resulted in the death of any
person, shall be punished by death or imprisoned for a term
of years not less than 10 years and up to life, and fined
under title 18, United States Code.
``(3) Limitation.--It is not a violation of subparagraph
(D), (E), or (F) of paragraph (1)--
``(A) for a religious denomination having a bona fide
nonprofit, religious organization in the United States, or
the agents or officers of such denomination or organization,
to encourage, invite, call, allow, or enable an alien who is
present in the United States to perform the vocation of a
minister or missionary for the denomination or organization
in the United States as a volunteer who is not compensated as
an employee, notwithstanding the provision of room, board,
travel, medical assistance, and other basic living expenses,
provided the minister or missionary has been a member of the
denomination for at least 1 year; or
``(B) for an individual or organization, not previously
convicted of a violation of this section, to provide an alien
who is present in the United States with humanitarian
assistance, including medical care, housing, counseling,
victim services, and food, or to transport the alien to a
location where such assistance can be rendered.
``(4) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Employment of Unauthorized Aliens.--
``(1) Criminal offense and penalties.--Any person who,
during any 12-month period, knowingly employs 10 or more
individuals with actual knowledge or in reckless disregard of
the fact that the individuals are aliens described in
paragraph (2), shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or both.
``(2) Definition.--An alien described in this paragraph is
an alien who--
``(A) is an unauthorized alien (as defined in section
274A(h)(3));
``(B) is present in the United States without lawful
authority; and
``(C) has been brought into the United States in violation
of this subsection.
``(c) Seizure and Forfeiture.--
``(1) In general.--Any real or personal property used to
commit or facilitate the commission of a violation of this
section, the gross proceeds of such violation, and any
property traceable to such property or proceeds, shall be
subject to forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents,
and other persons as may be designated for that purpose by
the Secretary of Homeland Security.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, prima facie evidence that an alien involved
in the alleged violation lacks lawful authority to come to,
enter, reside in, remain in, or be in the United States or
that such alien had come to, entered, resided in, remained
in, or been present in the United States in violation of law
shall include--
``(A) any order, finding, or determination concerning the
alien's status or lack of status made by a Federal judge or
administrative adjudicator (including an immigration judge or
immigration officer) during any judicial or administrative
proceeding authorized under Federal immigration law;
``(B) official records of the Department of Homeland
Security, the Department of Justice, or the Department of
State concerning the alien's status or lack of status; and
``(C) testimony by an immigration officer having personal
knowledge of the facts concerning the alien's status or lack
of status.
``(d) Authority to Arrest.--No officer or person shall have
authority to make any arrests for a violation of any
provision of this section except--
``(1) officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a
class; and
``(2) other officers responsible for the enforcement of
Federal criminal laws.
``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped or otherwise audiovisually preserved
deposition of a witness to a violation of subsection (a) who
has been deported or otherwise expelled from the United
States, or is otherwise unavailable to testify, may be
admitted into evidence in an action brought for that
violation if--
``(1) the witness was available for cross examination at
the deposition by the party, if any, opposing admission of
the testimony; and
``(2) the deposition otherwise complies with the Federal
Rules of Evidence.
``(f) Outreach Program.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, as appropriate, shall--
``(A) develop and implement an outreach program to educate
people in and out of the United States about the penalties
for bringing in and harboring aliens in violation of this
section; and
``(B) establish the American Local and Interior Enforcement
Needs (ALIEN) Task Force to identify and respond to the use
of Federal, State, and local transportation infrastructure to
further the trafficking of unlawful aliens within the United
States.
``(2) Field offices.--The Secretary of Homeland Security,
after consulting with State and local government officials,
shall establish such field offices as may be necessary to
carry out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums are necessary for the
fiscal years 2007 through 2011 to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Crossed the border into the united states.--An alien
is deemed to have crossed the border into the United States
regardless of whether the alien is free from official
restraint.
``(2) Lawful authority.--The term `lawful authority' means
permission, authorization, or license that is expressly
provided for in the immigration laws of the United States or
accompanying regulations. The term does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority sought, but not approved. No alien shall
be deemed to have lawful authority to come to, enter, reside
in, remain in, or be in the United States if such coming to,
entry, residence, remaining, or presence was, is, or would be
in violation of law.
``(3) Proceeds.--The term `proceeds' includes any property
or interest in property obtained or retained as a consequence
of an act or omission in violation of this section.
``(4) Unlawful transit.--The term `unlawful transit' means
travel, movement, or temporary presence that violates the
laws of any country in which the alien is present or any
country from which the alien is traveling or moving.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 274 and inserting
the following:

``Sec. 274. Alien smuggling and related offenses.''.

(d) Prohibiting Carrying or Using a Firearm During and in
Relation to an Alien Smuggling Crime.--Section 924(c) of
title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``any crime of violence'';
(B) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``such crime of violence'';
(C) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.

SEC. 206. ILLEGAL ENTRY.

(a) In General.--Section 275 (8 U.S.C. 1325) is amended to
read as follows:

``SEC. 275. ILLEGAL ENTRY.

``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into the
United States at any time or place other than as designated
by the Secretary of Homeland Security;

[[Page S2624]]

``(B) knowingly eludes examination or inspection by an
immigration officer (including failing to stop at the command
of such officer), or a customs or agriculture inspection at a
port of entry; or
``(C) knowingly enters or crosses the border to the United
States by means of a knowingly false or misleading
representation or the knowing concealment of a material fact
(including such representation or concealment in the context
of arrival, reporting, entry, or clearance requirements of
the customs law, immigration laws, agriculture laws, or
shipping laws).
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 6 months, or
both;
``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 2 years, or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors or for a felony, shall be
fined under such title, imprisoned not more than 10 years, or
both;
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 30 months, shall be fined under
such title, imprisoned not more than 15 years, or both; and
``(E) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 60 months, such alien shall be
fined under such title, imprisoned not more than 20 years, or
both.le, imprisoned not more than 15 years, or both; and
``(E) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 60 months, such alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are
elements of the offenses described in that paragraph and the
penalties in such subparagraphs shall apply only in cases in
which the conviction or convictions that form the basis for
the additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration officer.
``(5) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as
for a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--
``(1) In general.--Any alien who is apprehended while
entering, attempting to enter, or knowingly crossing or
attempting to cross the border to the United States at a time
or place other than as designated by immigration officers
shall be subject to a civil penalty, in addition to any
criminal or other civil penalties that may be imposed under
any other provision of law, in an amount equal to--
``(A) not less than $50 or more than $250 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(B) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under
this subsection.
``(2) Crossed the border defined.--In this section, an
alien is deemed to have crossed the border if the act was
voluntary, regardless of whether the alien was under
observation at the time of the crossing.''.
(b) Clerical Amendment.--The table of contents is amended
by striking the item relating to section 275 and inserting
the following:

``Sec. 275. Illegal entry.''.

SEC. 207. ILLEGAL REENTRY.

Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has
departed the United States while an order of exclusion,
deportation, or removal is outstanding, and subsequently
enters, attempts to enter, crosses the border to, attempts to
cross the border to, or is at any time found in the United
States, shall befined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the
penalty provided in subsection (a), if an alien described in
that subsection--
``(1) was convicted for 3 or more misdemeanors or a felony
before such removal or departure, the alien shall be fined
under title 18, United States Code, imprisoned not more than
10 years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, imprisoned not more than 15 years, or
both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both;
``(4) was convicted for 3 felonies before such removal or
departure, the alien shall be fined under such title,
imprisoned not more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnaping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B
(relating to terrorism) of such title, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(c) Reentry After Repeated Removal.--Any alien who has
been denied admission, excluded, deported, or removed 3 or
more times and thereafter enters, attempts to enter, crosses
the border to, attempts to cross the border to, or is at any
time found in the United States, shall be fined under title
18, United States Code, imprisoned not more than 10 years, or
both.
``(d) Proof of Prior Convictions.--The prior convictions
described in subsection (b) are elements of the crimes
described in that subsection, and the penalties in that
subsection shall apply only in cases in which the conviction
or convictions that form the basis for the additional penalty
are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative
defense to a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance consent under
the Immigration and Nationality Act or any prior Act; and
``(B) had complied with all other laws and regulations
governing the alien's admission into the United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien
may not challenge the validity of any prior removal order
concerning the alien unless the alien demonstrates by clear
and convincing evidence that--
``(1) the alien exhausted all administrative remedies that
may have been available to seek relief against the order;
``(2) the removal proceedings at which the order was issued
improperly deprived the alien of the opportunity for judicial
review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term
of Imprisonment.--Any alien removed pursuant to section
241(a)(4) who enters, attempts to enter, crosses the border
to, attempts to cross the border to, or is at any time found
in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time
of deportation without any reduction for parole or supervised
release unless the alien affirmatively demonstrates that the
Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other
penalties relating to the reentry of removed aliens as may be
available under this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a
violation of this section for an individual to provide an
alien with emergency humanitarian assistance, including
emergency medical care and food, or to transport the alien to
a location where such assistance can be rendered without
compensation or the expectation of compensation.
``(i) Definitions.--In this section:
``(1) Crosses the border.--The term `crosses the border'
applies if an alien acts voluntarily, regardless of whether
the alien was under observation at the time of the crossing.
``(2) Felony.--Term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any
agreement by which an alien stipulates or agrees to
exclusion, deportation, or removal.
``(5) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.

SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD
OFFENSES.

(a) Passport, Visa, and Immigration Fraud.--
(1) In general.--Chapter 75 of title 18, United States
Code, is amended to read as follows:

``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.

[[Page S2625]]

``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

``Sec. 1541. Trafficking in passports

``(a) Multiple Passports.--Any person who, during any 3-
year period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport
(including any supporting documentation), knowing the
applications to contain any false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(b) Passport Materials.--Any person who knowingly and
without lawful authority produces, counterfeits, secures,
possesses, or uses any official paper, seal, hologram, image,
text, symbol, stamp, engraving, plate, or other material used
to make a passport shall be fined under this title,
imprisoned not more than 20 years, or both.

``Sec. 1542. False statement in an application for a passport

``Any person who knowingly--
``(1) makes any false statement or representation in an
application for a United States passport (including any
supporting documentation);
``(2) completes, mails, prepares, presents, signs, or
submits an application for a United States passport
(including any supporting documentation) knowing the
application to contain any false statement or representation;
or
``(3) causes or attempts to cause the production of a
passport by means of any fraud or false application for a
United States passport (including any supporting
documentation), if such production occurs or would occur at a
facility authorized by the Secretary of State for the
production of passports,

shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1543. Forgery and unlawful production of a passport

``(a) Forgery.--Any person who--
``(1) knowingly forges, counterfeits, alters, or falsely
makes any passport; or
``(2) knowingly transfers any passport knowing it to be
forged, counterfeited, altered, falsely made, stolen, or to
have been produced or issued without lawful authority,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Unlawful Production.--Any person who knowingly and
without lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person not owing allegiance to
the United States; or
``(3) transfers or furnishes a passport to a person for use
when such person is not the person for whom the passport was
issued or designed,

shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1544. Misuse of a passport

``(a) In General.--Any person who--
``(1) knowingly uses any passport issued or designed for
the use of another;
``(2) knowingly uses any passport in violation of the
conditions or restrictions therein contained, or in violation
of the laws, regulations, or rules governing the issuance and
use of the passport;
``(3) knowingly secures, possesses, uses, receives, buys,
sells, or distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) knowingly violates the terms and conditions of any
safe conduct duly obtained and issued under the authority of
the United States,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Entry; Fraud.--Any person who knowingly uses any
passport, knowing the passport to be forged, counterfeited,
altered, falsely made, procured by fraud, produced or issued
without lawful authority, or issued or designed for the use
of another--
``(1) to enter or to attempt to enter the United States; or
``(2) to defraud the United States, a State, or a political
subdivision of a State,

shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1545. Schemes to defraud aliens

``(a) In General.--Any person who knowingly executes a
scheme or artifice, in connection with any matter that is
authorized by or arises under Federal immigration laws, or
any matter the offender claims or represents is authorized by
or arises under Federal immigration laws--
``(1) to defraud any person, or
``(2) to obtain or receive from any person, by means of
false or fraudulent pretenses, representations, promises,
money or anything else of value,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Misrepresentation.--Any person who knowingly and
falsely represents himself to be an attorney in any matter
arising under Federal immigration laws shall be fined under
this title, imprisoned not more than 15 years, or both.

``Sec. 1546. Immigration and visa fraud

``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to
be forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes an immigration document to a
person without lawful authority for use if such person is not
the person for whom the immigration document was issued or
designed,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Multiple Violations.--Any person who, during any 3-
year period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen,
falsely made, procured by fraud, or produced or issued
without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the
documents to contain any materially false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Immigration Document Materials.--Any person who
knowingly and without lawful authority produces,
counterfeits, secures, possesses, or uses any official paper,
seal, hologram, image, text, symbol, stamp, engraving, plate,
or other material, used to make an immigration document shall
be fined under this title, imprisoned not more than 20 years,
or both.

``Sec. 1547. Marriage fraud

``(a) Evasion or Misrepresentation.--Any person who--
``(1) knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws; or
``(2) knowingly misrepresents the existence or
circumstances of a marriage--
``(A) in an application or document authorized by the
immigration laws; or
``(B) during any immigration proceeding conducted by an
administrative adjudicator (including an immigration officer
or examiner, a consular officer, an immigration judge, or a
member of the Board of Immigration Appeals),

shall be fined under this title, imprisoned not more than 10
years, or both.
``(b) Multiple Marriages.--Any person who--
``(1) knowingly enters into 2 or more marriages for the
purpose of evading any immigration law; or
``(2) knowingly arranges, supports, or facilitates 2 or
more marriages designed or intended to evade any immigration
law,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Commercial Enterprise.--Any person who knowingly
establishes a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be fined
under this title, imprisoned for not more than 10 years, or
both.
``(d) Duration of Offense.--
``(1) In general.--An offense under subsection (a) or (b)
continues until the fraudulent nature of the marriage or
marriages is discovered by an immigration officer.
``(2) Commercial enterprise.--An offense under subsection
(c) continues until the fraudulent nature of commercial
enterprise is discovered by an immigration officer or other
law enforcement officer.

``Sec. 1548. Attempts and conspiracies

``Any person who attempts or conspires to violate any
section of this chapter shall be punished in the same manner
as a person who completed a violation of that section.

``Sec. 1549. Alternative penalties for certain offenses

``(a) Terrorism.--Any person who violates any section of
this chapter--
``(1) knowing that such violation will facilitate an act of
international terrorism or

[[Page S2626]]

domestic terrorism (as those terms are defined in section
2331); or
``(2) with the intent to facilitate an act of international
terrorism or domestic terrorism,

shall be fined under this title, imprisoned not more than 25
years, or both.
``(b) Offense Against Government.--Any person who violates
any section of this chapter--
``(1) knowing that such violation will facilitate the
commission of any offense against the United States (other
than an offense in this chapter) or against any State, which
offense is punishable by imprisonment for more than 1 year;
or
``(2) with the intent to facilitate the commission of any
offense against the United States (other than an offense in
this chapter) or against any State, which offense is
punishable by imprisonment for more than 1 year,

shall be fined under this title, imprisoned not more than 20
years, or both.

``Sec. 1550. Seizure and forfeiture

``(a) Forfeiture.--Any property, real or personal, used to
commit or facilitate the commission of a violation of any
section of this chapter, the gross proceeds of such
violation, and any property traceable to such property or
proceeds, shall be subject to forfeiture.
``(b) Applicable Law.--Seizures and forfeitures under this
section shall be governed by the provisions of chapter 46
relating to civil forfeitures, except that such duties as are
imposed upon the Secretary of the Treasury under the customs
laws described in section 981(d) shall be performed by such
officers, agents, and other persons as may be designated for
that purpose by the Secretary of Homeland Security, the
Secretary of State, or the Attorney General.

``Sec. 1551. Additional jurisdiction

``(a) In General.--Any person who commits an offense under
this chapter within the special maritime and territorial
jurisdiction of the United States shall be punished as
provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who
commits an offense under this chapter outside the United
States shall be punished as provided under this chapter if--
``(1) the offense involves a United States immigration
document (or any document purporting to be such a document)
or any matter, right, or benefit arising under or authorized
by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a
drug trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.

``Sec. 1552. Additional venue

``(a) In General.--An offense under section 1542 may be
prosecuted in--
``(1) any district in which the false statement or
representation was made;
``(2) any district in which the passport application was
prepared, submitted, mailed, received, processed, or
adjudicated; or
``(3) in the case of an application prepared and
adjudicated outside the United States, in the district in
which the resultant passport was produced.
``(b) Savings Clause.--Nothing in this section limits the
venue otherwise available under sections 3237 and 3238.

``Sec. 1553. Definitions

``As used in this chapter:
``(1) The term `falsely make' means to prepare or complete
an immigration document with knowledge or in reckless
disregard of the fact that the document--
``(A) contains a statement or representation that is false,
fictitious, or fraudulent;
``(B) has no basis in fact or law; or
``(C) otherwise fails to state a fact which is material to
the purpose for which the document was created, designed, or
submitted.
``(2) The term a `false statement or representation'
includes a personation or an omission.
``(3) The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(4) The term `immigration document'--
``(A) means--
``(i) any passport or visa; or
``(ii) any application, petition, affidavit, declaration,
attestation, form, identification card, alien registration
document, employment authorization document, border crossing
card, certificate, permit, order, license, stamp,
authorization, grant of authority, or other evidentiary
document, arising under or authorized by the immigration laws
of the United States; and
``(B) includes any document, photograph, or other piece of
evidence attached to or submitted in support of an
immigration document.
``(5) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the authority of any
law described in paragraphs (1) and (2).
``(6) The term `immigration proceeding' includes an
adjudication, interview, hearing, or review.
``(7) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(8) The term `passport' means a travel document attesting
to the identity and nationality of the bearer that is issued
under the authority of the Secretary of State, a foreign
government, or an international organization; or any
instrument purporting to be the same.
``(9) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(10) The term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.

``Sec. 1554. Authorized law enforcement activities

``Nothing in this chapter shall prohibit any lawfully
authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a
State, or a political subdivision of a State, or an
intelligence agency of the United States, or any activity
authorized under title V of the Organized Crime Control Act
of 1970 (84 Stat. 933).

``Sec. 1555. Exception for refugees, asylees, and other
vulnerable persons

``(a) In General.--If a person believed to have violated
section 1542, 1544, 1546, or 1548 while attempting to enter
the United States, without delay, indicates an intention to
apply for asylum under section 208 or 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or
for relief under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (in
accordance with section 208.17 of title 8, Code of Federal
Regulations), or under section 101(a)(15)(T), 101(a)(15)(U),
101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or
244(a)(3) (as in effect prior to March 31, 1997) of such Act,
or a credible fear of persecution or torture--
``(1) the person shall be referred to an appropriate
Federal immigration official to review such claim and make a
determination if such claim is warranted;
``(2) if the Federal immigration official determines that
the person qualifies for the claimed relief, the person shall
not be considered to have violated any such section; and
``(3) if the Federal immigration official determines that
the person does not qualify for the claimed relief, the
person shall be referred to an appropriate Federal official
for prosecution under this chapter.
``(b) Savings Provision.--Nothing in this section shall be
construed to diminish, increase, or alter the obligations of
refugees or the United States under article 31(1) of the
Convention Relating to the Status of Refugees, done at Geneva
July 28, 1951 (as made applicable by the Protocol Relating to
the Status of Refugees, done at New York January 31, 1967 (19
UST 6223)).''.
(2) Clerical amendment.--The table of chapters in title 18,
United States Code, is amended by striking the item relating
to chapter 75 and inserting the following:

``75. Passport, visa, and immigration fraud.....................1541''.

(b) Protection for Legitimate Refugees and Asylum
Seekers.--Section 208 (8 U.S.C. 1158) is amended by adding at
the end the following:
``(e) Protection for Legitimate Refugees and Asylum
Seekers.--The Attorney General, in consultation with the
Secretary of Homeland Security, shall develop binding
prosecution guidelines for federal prosecutors to ensure that
any prosecution of an alien seeking entry into the United
States by fraud is consistent with the written terms and
limitations of Article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of
Refugees, done at New York January 31, 1967 (19 UST
6223)).''.

SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND
IMMIGRATION FRAUD OFFENSES.

(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:

``(III) a violation of (or a conspiracy or attempt to
violate) any provision of chapter 75 of title 18, United
States Code,''.

(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(iii) of a violation of any provision of chapter 75 of
title 18, United States Code,''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to proceedings pending on or after the
date

[[Page S2627]]

of the enactment of this Act, with respect to conduct
occurring on or after that date.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

(a) Institutional Removal Program.--
(1) Continuation.--The Secretary shall continue to operate
the Institutional Removal Program (referred to in this
section as the ``Program'') or shall develop and implement
another program to--
(A) identify removable criminal aliens in Federal and State
correctional facilities;
(B) ensure that such aliens are not released into the
community; and
(C) remove such aliens from the United States after the
completion of their sentences.
(2) Expansion.--The Secretary may extend the scope of the
Program to all States.
(b) Authorization for Detention After Completion of State
or Local Prison Sentence.--Law enforcement officers of a
State or political subdivision of a State may--
(1) hold an illegal alien for a period not to exceed 14
days after the completion of the alien's State prison
sentence to effectuate the transfer of the alien to Federal
custody if the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until authorized employees of the Bureau of
Immigration and Customs Enforcement can take the alien into
custody.
(c) Technology Usage.--Technology, such as
videoconferencing, shall be used to the maximum extent
practicable to make the Program available in remote
locations. Mobile access to Federal databases of aliens, such
as IDENT, and live scan technology shall be used to the
maximum extent practicable to make these resources available
to State and local law enforcement agencies in remote
locations.
(d) Report to Congress.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter,
the Secretary shall submit a report to Congress on the
participation of States in the Program and in any other
program authorized under subsection (a).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary in each of
the fiscal years 2007 through 2011 to carry out the Program.

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Instead of removal proceedings.--If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a),
the Secretary of Homeland Security may permit the alien to
voluntarily depart the United States at the alien's own
expense under this subsection instead of being subject to
proceedings under section 240.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph (3);
(D) by adding after paragraph (1) the following:
``(2) Before the conclusion of removal proceedings.--If an
alien is not described in paragraph (2)(A)(iii) or (4) of
section 237(a), the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own
expense under this subsection after the initiation of removal
proceedings under section 240 and before the conclusion of
such proceedings before an immigration judge.'';
(E) in paragraph (3), as redesignated--
(i) by amending subparagraph (A) to read as follows:
``(A) Instead of removal.--Subject to subparagraph (C),
permission to voluntarily depart under paragraph (1) shall
not be valid for any period in excess of 120 days. The
Secretary may require an alien permitted to voluntarily
depart under paragraph (1) to post a voluntary departure
bond, to be surrendered upon proof that the alien has
departed the United States within the time specified.'';
(ii) by redesignating subparagraphs (B), (C), and (D) as
paragraphs (C), (D), and (E), respectively;
(iii) by adding after subparagraph (A) the following:
``(B) Before the conclusion of removal proceedings.--
Permission to voluntarily depart under paragraph (2) shall
not be valid for any period in excess of 60 days, and may be
granted only after a finding that the alien has the means to
depart the United States and intends to do so. An alien
permitted to voluntarily depart under paragraph (2) shall
post a voluntary departure bond, in an amount necessary to
ensure that the alien will depart, to be surrendered upon
proof that the alien has departed the United States within
the time specified. An immigration judge may waive the
requirement to post a voluntary departure bond in individual
cases upon a finding that the alien has presented compelling
evidence that the posting of a bond will pose a serious
financial hardship and the alien has presented credible
evidence that such a bond is unnecessary to guarantee timely
departure.'';
(iv) in subparagraph (C), as redesignated, by striking
``subparagraphs (C) and(D)(ii)'' and inserting
``subparagraphs (D) and (E)(ii)'';
(v) in subparagraph (D), as redesignated, by striking
``subparagraph (B)'' each place that term appears and
inserting ``subparagraph (C)''; and
(vi) in subparagraph (E), as redesignated, by striking
``subparagraph (B)'' each place that term appears and
inserting ``subparagraph (C)''; and
(F) in paragraph (4), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)'';
(2) in subsection (b)(2), by striking ``a period exceeding
60 days'' and inserting ``any period in excess of 45 days'';
(3) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
may only be granted as part of an affirmative agreement by
the alien. A voluntary departure agreement under subsection
(b) shall include a waiver of the right to any further
motion, appeal, application, petition, or petition for review
relating to removal or relief or protection from removal.
``(2) Concessions by the secretary.--In connection with the
alien's agreement to depart voluntarily under paragraph (1),
the Secretary of Homeland Security may agree to a reduction
in the period of inadmissibility under subparagraph (A) or
(B)(i) of section 212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at
the conclusion of such proceedings, shall be presented on the
record before the immigration judge. The immigration judge
shall advise the alien of the consequences of a voluntary
departure agreement before accepting such agreement.
``(4) Failure to comply with agreement.--
``(A) In general.--If an alien agrees to voluntary
departure under this section and fails to depart the United
States within the time allowed for voluntary departure or
fails to comply with any other terms of the agreement
(including failure to timely post any required bond), the
alien is--
``(i) ineligible for the benefits of the agreement;
``(ii) subject to the penalties described in subsection
(d); and
``(iii) subject to an alternate order of removal if
voluntary departure was granted under subsection (a)(2) or
(b).
``(B) Effect of filing timely appeal.--If, after agreeing
to voluntary departure, the alien files a timely appeal of
the immigration judge's decision granting voluntary
departure, the alien may pursue the appeal instead of the
voluntary departure agreement. Such appeal operates to void
the alien's voluntary departure agreement and the
consequences of such agreement, but precludes the alien from
another grant of voluntary departure while the alien remains
in the United States.
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary in writing in the
exercise of the Secretary's discretion before the expiration
of the period allowed for voluntary departure, no motion,
appeal, application, petition, or petition for review shall
affect, reinstate, enjoin, delay, stay, or toll the alien's
obligation to depart from the United States during the period
agreed to by the alien and the Secretary.'';
(4) by amending subsection (d) to read as follows:
``(d) Penalties for Failure to Depart.--If an alien is
permitted to voluntarily depart under this section and fails
to voluntarily depart from the United States within the time
period specified or otherwise violates the terms of a
voluntary departure agreement, the alien will be subject to
the following penalties:
``(1) Civil penalty.--The alien shall be liable for a civil
penalty of $3,000. The order allowing voluntary departure
shall specify the amount of the penalty, which shall be
acknowledged by the alien on the record. If the Secretary
thereafter establishes that the alien failed to depart
voluntarily within the time allowed, no further procedure
will be necessary to establish the amount of the penalty, and
the Secretary may collect the civil penalty at any time
thereafter and by whatever means provided by law. An alien
will be ineligible for any benefits under this chapter until
this civil penalty is paid.
``(2) Ineligibility for relief.--The alien shall be
ineligible during the time the alien remains in the United
States and for a period of 10 years after the alien's
departure for any further relief under this section and
sections 240A, 245, 248, and 249. The order permitting the
alien to depart voluntarily shall inform the alien of the
penalties under this subsection.
``(3) Reopening.--The alien shall be ineligible to reopen
the final order of removal that took effect upon the alien's
failure to depart, or upon the alien's other violations of
the conditions for voluntary departure, during the period
described in paragraph (2). This paragraph does not preclude
a motion to reopen to seek withholding of removal under
section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the order granting
voluntary departure in the country to which the alien would
be removed; and
``(B) makes a sufficient showing to the satisfaction of the
Attorney General that the alien is otherwise eligible for
such protection.''; and

[[Page S2628]]

(5) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to voluntarily depart under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1) for any class of
aliens. The Secretary or Attorney General may by regulation
limit eligibility or impose additional conditions for
voluntary departure under subsections (a)(2) or (b) of this
section for any class or classes of aliens.''; and
(6) in subsection (f), by adding at the end the following:
``Notwithstanding section 242(a)(2)(D) of this Act, sections
1361, 1651, and 2241 of title 28, United States Code, any
other habeas corpus provision, and any other provision of law
(statutory or nonstatutory), no court shall have jurisdiction
to affect, reinstate, enjoin, delay, stay, or toll the period
allowed for voluntary departure under this section.''.
(b) Rulemaking.--The Secretary shall promulgate regulations
to provide for the imposition and collection of penalties for
failure to depart under section 240B(d) of the Immigration
and Nationality Act (8 U.S.C. 1229c(d)).
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
all orders granting voluntary departure under section 240B of
the Immigration and Nationality Act (8 U.S.C. 1229c) made on
or after the date that is 180 days after the enactment of
this Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on the date of the enactment of this Act
and shall apply with respect to any petition for review which
is filed on or after such date.

SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN
THE UNITED STATES UNLAWFULLY.

(a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C.
1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not
later than 10 years after the date of the alien's departure
or removal (or not later than 20 years after''.
(b) Bar on Discretionary Relief.--Section 274D (9 U.S.C.
324d) is amended--
(1) in subsection (a), by striking ``Commissioner'' and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(c) Ineligibility for Relief.--
``(1) In general.--Unless a timely motion to reopen is
granted under section 240(c)(6), an alien described in
subsection (a) shall be ineligible for any discretionary
relief from removal (including cancellation of removal and
adjustment of status) during the time the alien remains in
the United States and for a period of 10 years after the
alien's departure from the United States.
``(2) Savings provision.--Nothing in paragraph (1) shall
preclude a motion to reopen to seek withholding of removal
under section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the final order of
removal in the country to which the alien would be removed;
and
``(B) makes a sufficient showing to the satisfaction of the
Attorney General that the alien is otherwise eligible for
such protection.''.
(c) Effective Dates.--The amendments made by this section
shall take effect on the date of the enactment of this Act
with respect to aliens who are subject to a final order of
removal entered on or after such date.

SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE
POSSESSION OF FIREARMS BY CERTAIN ALIENS.

Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking ``(y)(2)'' and all
that follows and inserting ``(y), is in a nonimmigrant
classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5));''; and
(2) in subsection (g)(5)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking ``(y)(2)'' and all
that follows and inserting ``(y), is in a nonimmigrant
classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5));''.
(3) in subsection (y)--
(A) in the header, by striking ``Admitted Under
Nonimmigrant Visas'' and inserting ``in a Nonimmigrant
Classification'';
(B) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) the term `nonimmigrant classification' includes all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), or otherwise described in the immigration laws
(as defined in section 101(a)(17) of such Act).'';
(C) in paragraph (2), by striking ``has been lawfully
admitted to the United States under a nonimmigrant visa'' and
inserting ``is in a nonimmigrant classification''; and
(D) in paragraph (3)(A), by striking ``Any individual who
has been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of subsection
(g)(5)'' and inserting ``Any alien in a nonimmigrant
classification may receive a waiver from the requirements of
subsection (g)(5)(B)''.

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN
IMMIGRATION, NATURALIZATION, AND PEONAGE
OFFENSES.

(a) In General.--Section 3291 of title 18, United States
Code, is amended to read as follows:

``Sec. 3291. Immigration, naturalization, and peonage
offenses

``No person shall be prosecuted, tried, or punished for a
violation of any section of chapters 69 (relating to
nationality and citizenship offenses), 75 (relating to
passport, visa, and immigration offenses), or 77 (relating to
peonage, slavery, and trafficking in persons), for an attempt
or conspiracy to violate any such section, for a violation of
any criminal provision under section 243, 266, 274, 275, 276,
277, or 278 of the Immigration and Nationality Act (8 U.S.C.
1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an
attempt or conspiracy to violate any such section, unless the
indictment is returned or the information filed not later
than 10 years after the commission of the offense.''.
(b) Clerical Amendment.--The table of sections for chapter
213 of title 18, United States Code, is amended by striking
the item relating to section 3291 and inserting the
following:

``3291. Immigration, naturalization, and peonage offenses.''.

SEC. 215. DIPLOMATIC SECURITY SERVICE.

Section 2709(a)(1) of title 22, United States Code, is
amended to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of the
Department of State;
``(C) violations of chapter 77 of title 18, United States
Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction of the United States
(as defined in section 7(9) of title 18, United States
Code);''.

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

(a) In General.--Section 103 (8 U.S.C. 1103) is amended--
(1) by amending subsection (f) to read as follows:
``(f) Minimum Number of Agents in 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 the
Bureau of 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 the
Bureau of Citizenship and Immigration Services to carry out
immigration and naturalization adjudication functions.
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) for any State with a population of less than
2,000,000, as most recently reported by the Bureau of the
Census''; and
(2) by adding at the end the following:
``(i) Notwithstanding any other provision of law,
appropriate background and security checks, as determined by
the Secretary of Homeland Security, shall be completed and
assessed and any suspected or alleged fraud relating to the
granting of any status (including the granting of adjustment
of status), relief, protection from removal, or other benefit
under this Act shall be investigated and resolved before the
Secretary or the Attorney General may--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the
immigration laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any
court.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall take effect on the date that is 90 days after
the date of the enactment of this Act.

SEC. 217. CONSTRUCTION.

(a) In General.--Chapter 4 of title III (8 U.S.C. 1501 et
seq.) is amended by adding at the end the following:

[[Page S2629]]

``SEC. 362. CONSTRUCTION.

``(a) In General.--Nothing in this Act or in any other
provision of law shall be construed to require the Secretary
of Homeland Security, the Attorney General, the Secretary of
State, the Secretary of Labor, or any other authorized head
of any Federal agency to grant any application, approve any
petition, or grant or continue any status or benefit under
the immigration laws by, to, or on behalf of--
``(1) any alien described in subparagraph (A)(i), (A)(iii),
(B), or (F) of section 212(a)(3) or subparagraph (A)(i),
(A)(iii), or (B) of section 237(a)(4);
``(2) any alien with respect to whom a criminal or other
investigation or case is pending that is material to the
alien's inadmissibility, deportability, or eligibility for
the status or benefit sought; or
``(3) any alien for whom all law enforcement checks, as
deemed appropriate by such authorized official, have not been
conducted and resolved.
``(b) Denial; Withholding.--An official described in
subsection (a) may deny or withhold (with respect to an alien
described in subsection (a)(1)) or withhold pending
resolution of the investigation, case, or law enforcement
checks (with respect to an alien described in paragraph (2)
or (3) of subsection (a)) any such application, petition,
status, or benefit on such basis.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 361 the
following:

``Sec. 362. Construction.''.

SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

(a) Reimbursement for Costs Associated With Processing
Criminal Illegal Aliens.--The Secretary shall reimburse
States and units of local government for costs associated
with processing undocumented criminal aliens through the
criminal justice system, including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) courts costs.
(b) Authorization of Appropriations.--
(1) Processing criminal illegal aliens.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2012 to carry out subsection (a).
(2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry this
subsection--
``(A) such sums as may be necessary for fiscal year 2007;
``(B) $750,000,000 for fiscal year 2008;
``(C) $850,000,000 for fiscal year 2009; and
``(D) $950,000,000 for each of the fiscal years 2010
through 2012.''.
(c) Technical Amendment.--Section 501 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.

SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS
APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT
OFFICERS.

(a) In General.--The Secretary shall provide sufficient
transportation and officers to take illegal aliens
apprehended by State and local law enforcement officers into
custody for processing at a detention facility operated by
the Department.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2007 through 2011 to carry out this section.

SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON
TRIBAL LANDS.

(a) Grants Authorized.--The Secretary may award grants to
Indian tribes with lands adjacent to an international border
of the United States that have been adversely affected by
illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department for Indian
tribes, either directly or through State or local grants,
relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out this section.

SEC. 221. ALTERNATIVES TO DETENTION.

The Secretary shall conduct a study of--
(1) the effectiveness of alternatives to detention,
including electronic monitoring devices and intensive
supervision programs, in ensuring alien appearance at court
and compliance with removal orders;
(2) the effectiveness of the Intensive Supervision
Appearance Program and the costs and benefits of expanding
that program to all States; and
(3) other alternatives to detention, including--
(A) release on an order of recognizance;
(B) appearance bonds; and
(C) electronic monitoring devices.

SEC. 222. CONFORMING AMENDMENT.

Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is
amended--
(1) by striking ``(i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport
or instrument in violation of section 1543 of title 18,
United States Code, or is described in section 1546(a) of
such title (relating to document fraud) and (ii)'' and
inserting ``which is described in chapter 75 of title 18,
United States Code, and''; and
(2) by inserting the following: ``that is not described in
section 1548 of such title (relating to increased penalties),
and'' after ``first offense''.

SEC. 223. REPORTING REQUIREMENTS.

(a) Clarifying Address Reporting Requirements.--Section 265
(8 U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in writing''
and inserting ``submit written or electronic notification to
the Secretary of Homeland Security, in a manner approved by
the Secretary,'';
(B) by striking ``the Attorney General may require by
regulation'' and inserting ``the Secretary may require''; and
(C) by adding at the end the following: ``If the alien is
involved in proceedings before an immigration judge or in an
administrative appeal of such proceedings, the alien shall
submit to the Attorney General the alien's current address
and a telephone number, if any, at which the alien may be
contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d) Address to Be Provided.--
``(1) In general.--Except as otherwise provided by the
Secretary under paragraph (2), an address provided by an
alien under this section shall be the alien's current
residential mailing address, and shall not be a post office
box or other non-residential mailing address or the address
of an attorney, representative, labor organization, or
employer.
``(2) Specific requirements.--The Secretary may provide
specific requirements with respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a remote
location; and
``(B) the reporting of address information by aliens who
are incarcerated in a Federal, State, or local correctional
facility.
``(3) Detention.--An alien who is being detained by the
Secretary under this Act is not required to report the
alien's current address under this section during the time
the alien remains in detention, but shall be required to
notify the Secretary of the alien's address under this
section at the time of the alien's release from detention.
``(e) Use of Most Recent Address Provided by the Alien.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may provide for the appropriate
coordination and cross referencing of address information
provided by an alien under this section with other
information relating to the alien's address under other
Federal programs, including--
``(A) any information pertaining to the alien, which is
submitted in any application, petition, or motion filed under
this Act with the Secretary of Homeland Security, the
Secretary of State, or the Secretary of Labor;
``(B) any information available to the Attorney General
with respect to an alien in a proceeding before an
immigration judge or an administrative appeal or judicial
review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal Alien
Assistance Program.
``(2) Reliance.--The Secretary may rely on the most recent
address provided by the alien under this section or section
264 to send to the alien any notice, form, document, or other
matter pertaining to Federal immigration laws, including
service of a notice to appear. The Attorney General and the
Secretary may rely on the most recent address provided by the
alien under section 239(a)(1)(F) to contact the alien about
pending removal proceedings.
``(3) Obligation.--The alien's provision of an address for
any other purpose under the Federal immigration laws does not
excuse the alien's obligation to submit timely notice of the
alien's address to the Secretary under this section (or to
the Attorney General under section 239(a)(1)(F) with respect
to an alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).''.

[[Page S2630]]

(b) Conforming Changes With Respect to Registration
Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.)
is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is authorized'' and
inserting ``Secretary of Homeland Security and Attorney
General are authorized''; and
(ii) by striking ``Attorney General or the Service'' and
inserting ``Secretary or the Attorney General''.
(c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Failure to Provide Notice of Alien's Current
Address.--
``(1) Criminal penalties.--Any alien or any parent or legal
guardian in the United States of any minor alien who fails to
notify the Secretary of Homeland Security of the alien's
current address in accordance with section 265 shall be fined
under title 18, United States Code, imprisoned for not more
than 6 months, or both.
``(2) Effect on immigration status.--Any alien who violates
section 265 (regardless of whether the alien is punished
under paragraph (1)) and does not establish to the
satisfaction of the Secretary that such failure was
reasonably excusable or was not willful shall be taken into
custody in connection with removal of the alien. If the alien
has not been inspected or admitted, or if the alien has
failed on more than 1 occasion to submit notice of the
alien's current address as required under section 265, the
alien may be presumed to be a flight risk. The Secretary or
the Attorney General, in considering any form of relief from
removal which may be granted in the discretion of the
Secretary or the Attorney General, may take into
consideration the alien's failure to comply with section 265
as a separate negative factor. If the alien failed to comply
with the requirements of section 265 after becoming subject
to a final order of removal, deportation, or exclusion, the
alien's failure shall be considered as a strongly negative
factor with respect to any discretionary motion for reopening
or reconsideration filed by the alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to proceedings
initiated on or after the date of the enactment of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.

SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION
LAWS.

(a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is
amended--
(1) in paragraph (2), by adding at the end the following:
``If such training is provided by a State or political
subdivision of a State to an officer or employee of such
State or political subdivision of a State, the cost of such
training (including applicable overtime costs) shall be
reimbursed by the Secretary of Homeland Security.''; and
(2) in paragraph (4), by adding at the end the following:
``The cost of any equipment required to be purchased under
such written agreement and necessary to perform the functions
under this subsection shall be reimbursed by the Secretary of
Homeland Security.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section and the amendments made
by this section.

SEC. 225. REMOVAL OF DRUNK DRIVERS.

(a) In General.--Section 101(a)(43)(F) (8 U.S.C.
1101(a)(43)(F)) is amended by inserting ``, including a third
drunk driving conviction, regardless of the States in which
the convictions occurred or whether the offenses are
classified as misdemeanors or felonies under State law,''
after ``offense)''.
(b) Effective Date.--The amendment made by subsection (a)
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to convictions entered before, on, or after such
date.

SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by
striking ``and before June 1, 2006.''.

SEC. 227. EXPEDITED REMOVAL.

(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting
``expedited removal of criminal aliens'';
(2) in subsection (a), by striking the subsection heading
and inserting: ``Expedited Removal From Correctional
Facilities.--'';
(3) in subsection (b), by striking the subsection heading
and inserting: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary of Homeland Security may,
in the case of an alien described in paragraph (2), determine
the deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has not been lawfully admitted to the United States
for permanent residence; and
``(B) was convicted of any criminal offense described in
subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
(5) in the subsection (c) that relates to presumption of
deportability, by striking ``convicted of an aggravated
felony'' and inserting ``described in subsection (b)(2)'';
(6) by redesignating the subsection (c) that relates to
judicial removal as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Application to Certain Aliens.--
(1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(A) in subclause (I), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(B) by adding at the end the following new subclause:

``(III) Exception.--Notwithstanding subclauses (I) and
(II), the Secretary of Homeland Security shall apply clauses
(i) and (ii) of this subparagraph to any alien (other than an
alien described in subparagraph (F)) who is not a national of
a country contiguous to the United States, who has not been
admitted or paroled into the United States, and who is
apprehended within 100 miles of an international land border
of the United States and within 14 days of entry.''.

(2) Exceptions.--Section 235(b)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
(A) by striking ``and who arrives by aircraft at a port of
entry'' and inserting ``and--''; and
(B) by adding at the end the following:
``(i) who arrives by aircraft at a port of entry; or
``(ii) who is present in the United States and arrived in
any manner at or between a port of entry.''.
(c) Limit on Injunctive Relief.--Section 242(f)(2) (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to all aliens apprehended or convicted on or
after such date.

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

(a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)),
is amended--
(1) in subparagraph (A)(i), by striking ``Any'' and
inserting ``Except as provided in clause (vii), any'';
(2) in subparagraph (A), by inserting after clause (vi) the
following:
``(vii) Clause (i) shall not apply to a citizen of the
United States who has been convicted of an offense described
in subparagraph (A), (I), or (K) of section 101(a)(43),
unless the Secretary of Homeland Security, in the Secretary's
sole and unreviewable discretion, determines that the citizen
poses no risk to the alien with respect to whom a petition
described in clause (i) is filed.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``Any alien'' and inserting the following:
``(I) Except as provided in subclause (II), any alien''; and
(B) by adding at the end the following:
``(II) Subclause (I) shall not apply in the case of an
alien admitted for permanent residence who has been convicted
of an offense described in subparagraph (A), (I), or (K) of
section 101(a)(43), unless the Secretary of Homeland
Security, in the Secretary's sole and unreviewable
discretion, determines that the alien lawfully admitted for
permanent residence poses no risk to the alien with respect
to whom a petition described in subclause (I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting ``(other than a
citizen described in section 204(a)(1)(A)(vii))'' after
``citizen of the United States'' each place that phrase
appears.

SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

(a) In General.--Title II (8 U.S.C. 1151 et. seq.) is
amended by adding after section 240C the following new
section:

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND
POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS
TO FEDERAL CUSTODY.

``(a) Authority.--Notwithstanding any other provision of
law, 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 criminal
provisions of the immigration

[[Page S2631]]

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 a Federal
law.
``(b) Construction.--Nothing in this section shall 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) Transfer.--If the head of a law enforcement entity of
a State (or, if appropriate, a political subdivision of the
State) exercising authority with respect to the apprehension
or arrest of an alien submits a request to the Secretary of
Homeland Security that the alien be taken into Federal
custody, the Secretary of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to verify
immigration status described in section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(c)), and expeditiously inform the requesting
entity whether such individual is an alien lawfully admitted
to the United States or is otherwise lawfully present in the
United States; and
``(B) if the individual is an alien who is not lawfully
admitted to the United States or otherwise is not lawfully
present in the United States--
``(i) take the illegal alien into the custody of the
Federal Government not later than 72 hours after--

``(I) the conclusion of the State charging process or
dismissal process; or
``(II) the illegal alien is apprehended, if no State
charging or dismissal process is required; or

``(ii) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien
to a location for transfer to Federal custody; and
``(2) shall designate at least 1 Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(d) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State, or a political subdivision of a State, for
expenses, as verified by the Secretary, incurred by the State
or political subdivision in the detention and transportation
of an alien as described in subparagraphs (A) and (B) of
subsection (c)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (c)(1)
shall be--
``(A) the product of--
``(i) the average daily cost of incarceration of a prisoner
in the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political
subdivision of the State); multiplied by
``(ii) the number of days that the alien was in the custody
of the State or political subdivision; plus
``(B) the cost of transporting the alien from the point of
apprehension or arrest to the location of detention, and if
the location of detention and of custody transfer are
different, to the custody transfer point; plus
``(C) the cost of uncompensated emergency medical care
provided to a detained alien during the period between the
time of transmittal of the request described in subsection
(c) and the time of transfer into Federal custody.
``(e) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that--
``(1) aliens incarcerated in a Federal facility pursuant to
this section are held in facilities which provide an
appropriate level of security; and
``(2) if practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a
facility or facilities.
``(f) Requirement for Schedule.--In carrying out this
section, the Secretary of Homeland Security shall establish a
regular circuit and schedule for the prompt transportation of
apprehended aliens from the custody of those States, and
political subdivisions of States, which routinely submit
requests described in subsection (c), into Federal custody.
``(g) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with
appropriate State and local law enforcement and detention
agencies to implement this section.
``(2) Determination by secretary.--Prior to entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary
shall determine whether the State, or if appropriate, the
political subdivision in which the agencies are located, has
in place any formal or informal policy that violates section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary
shall not allocate any of the funds made available under this
section to any State or political subdivision that has in
place a policy that violates such section.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully
Present.--There are authorized to be appropriated
$850,000,000 for fiscal year 2007 and each subsequent fiscal
year for the detention and removal of aliens not lawfully
present in the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et. seq.).

SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in
and harboring certain aliens),'' after ``section 590 of the
Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.

SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime
Information Center.--
(1) In general.--Except as provided in paragraph (3), 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--
(A) against whom a final order of removal has been issued;
(B) 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) (as amended by section 211(a)(1)(C)), subsection
(b)(2) of such section 240B, or who has violated a condition
of a voluntary departure agreement under such section 240B;
(C) whom a Federal immigration officer has confirmed to be
unlawfully present in the United States; and
(D) whose visa has been revoked.
(2) Removal of information.--The head of the National Crime
Information Center should promptly remove any information
provided by the Secretary under paragraph (1) related to an
alien who is granted lawful authority to enter or remain
legally in the United States.
(3) Procedure for removal of erroneous information.--The
Secretary, in consultation with the head of the National
Crime Information Center of the Department of Justice, 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 paragraph (1)
related to such alien. Under such procedures, 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 paragraph (1) related to such
alien, unless such information is erroneous. Notwithstanding
the 180-day time period set forth in paragraph (1), the
Secretary shall not provide the information required under
paragraph (1) until the procedures required by this paragraph
are developed and implemented.
(b) Inclusion of Information in the National Crime
Information Center Database.--Section 534(a) of title 28,
United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.

SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

Not later than 2 years after the date of the enactment of
this Act, the Secretary shall negotiate and execute, where
practicable, a cooperative enforcement agreement described in
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)) with at least 1 law enforcement agency in
each State, to train law enforcement officers in the
detection and apprehension of individuals engaged in
transporting, harboring, sheltering, or encouraging aliens in
violation of section 274 of such Act (8 U.S.C. 1324).

SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE
UTILIZATION OF FACILITIES IDENTIFIED FOR
CLOSURES AS A RESULT OF THE DEFENSE BASE
CLOSURE REALIGNMENT ACT OF 1990.

(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary shall construct or acquire,
in addition to existing facilities for the detention of
aliens, 20 detention facilities in the United States that
have the capacity to detain a combined total of not less than
10,000 individuals at any time for aliens detained pending
removal or a decision on removal of such aliens from the
United States.
(2) Determination of location.--The location of any
detention facility built or acquired in accordance with this
subsection shall be determined with the concurrence of the
Secretary by the senior officer responsible for Detention and
Removal Operations in the Department. The detention
facilities shall be located so as to enable the officers and
employees of the Department to increase to the maximum extent
practicable the annual rate and level of removals of illegal
aliens from the United States.
(3) Use of installations under base closure laws.--In
acquiring detention facilities

[[Page S2632]]

under this subsection, the Secretary shall consider the
transfer of appropriate portions of military installations
approved for closure or realignment under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) for use in
accordance with paragraph (1).
(b) Technical and Conforming Amendment.--Section 241(g)(1)
(8 U.S.C. 1231(g)(1)) is amended by striking ``may expend''
and inserting ``shall expend''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS
CHARGED WITH FEDERAL OFFENSES.

(a) Responsibility of United States Attorneys.--Beginning
not later than 2 years after the date of the enactment of
this Act, the office of the United States Attorney that is
prosecuting a criminal case in a Federal court--
(1) shall determine, not later than 30 days after filing
the initial pleadings in the case, whether each defendant in
the case is lawfully present in the United States (subject to
subsequent legal proceedings to determine otherwise);
(2)(A) if the defendant is determined to be an alien
lawfully present in the United States, shall notify the court
in writing of the determination and the current status of the
alien under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) if the defendant is determined not to be lawfully
present in the United States, shall notify the court in
writing of the determination, the defendant's alien status,
and, to the extent possible, the country of origin or legal
residence of the defendant; and
(3) ensure that the information described in paragraph (2)
is included in the case file and the criminal records system
of the office of the United States attorney.
(b) Guidelines.--A determination made under subsection
(a)(1) shall be made in accordance with guidelines of the
Executive Office for Immigration Review of the Department of
Justice.
(c) Responsibilities of Federal Courts.--
(1) Modifications of records and case managements
systems.--Not later than 2 years after the date of the
enactment of this Act, all Federal courts that hear criminal
cases, or appeals of criminal cases, shall modify their
criminal records and case management systems, in accordance
with guidelines which the Director of the Administrative
Office of the United States Courts shall establish, so as to
enable accurate reporting of information described in
subsection (a)(2).
(2) Data entries.--Beginning not later than 2 years after
the date of the enactment of this Act, each Federal court
described in paragraph (1) shall enter into its electronic
records the information contained in each notification to the
court under subsection (a)(2).
(d) Construction.--Nothing in this section may be construed
to provide a basis for admitting evidence to a jury or
releasing information to the public regarding an alien's
immigration status.
(e) Annual Report to Congress.--The Director of the
Administrative Office of the United States Courts shall
include, in the annual report filed with Congress under
section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in
the courts and criminal convictions of aliens in the lower
courts and upheld on appeal, including the type of crime in
each case and including information on the legal status of
the aliens; and
(2) recommendations on whether additional court resources
are needed to accommodate the volume of criminal cases
brought against aliens in the Federal courts.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2007 through
2011, such sums as may be necessary to carry out this Act.
Funds appropriated pursuant to this subsection in any fiscal
year shall remain available until expended.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

(a) In General.--Section 274A (8 U.S.C. 1324a) is amended
to read as follows:

``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an alien
for employment in the United States knowing, or with reason
to know, that the alien is an unauthorized alien with respect
to such employment; or
``(B) to hire, or to recruit or refer for a fee, for
employment in the United States an individual unless such
employer meets the requirements of subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing or
with reason to know that the alien is (or has become) an
unauthorized alien with respect to such employment.
``(3) Use of labor through contract.--In this section, an
employer who uses a contract, subcontract, or exchange,
entered into, renegotiated, or extended after the date of the
enactment of the Comprehensive Immigration Reform Act of
2006, to obtain the labor of an alien in the United States
knowing, or with reason to know, that the alien is an
unauthorized alien with respect to performing such labor,
shall be considered to have hired the alien for employment in
the United States in violation of paragraph (1)(A).
``(4) Rebuttable presumption of unlawful hiring.--If the
Secretary determines that an employer has hired more than 10
unauthorized aliens during a calendar year, a rebuttable
presumption is created for the purpose of a civil enforcement
proceeding, that the employer knew or had reason to know that
such aliens were unauthorized.
``(5) Defense.--
``(A) In general.--Subject to subparagraph (B), an employer
that establishes that the employer has complied in good faith
with the requirements of subsections (c) and (d) has
established an affirmative defense that the employer has not
violated paragraph (1)(A) with respect to such hiring,
recruiting, or referral.
``(B) Exception.--Until the date that an employer is
required to participate in the Electronic Employment
Verification System under subsection (d) or is permitted to
participate in such System on a voluntary basis, the employer
may establish an affirmative defense under subparagraph (A)
without a showing of compliance with subsection (d).
``(b) Order of Internal Review and Certification of
Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is authorized, at
any time, to require that the employer certify that the
employer is in compliance with this section, or has
instituted a program to come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the chief executive officer
or similar official of the employer shall certify under
penalty of perjury that--
``(A) the employer is in compliance with the requirements
of subsections (c) and (d); or
``(B) that the employer has instituted a program to come
into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good
cause, at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for
certification and for specific record-keeping practices with
respect to such certification, and procedures for the audit
of any records related to such certification.
``(c) Document Verification Requirements.--An employer
hiring, or recruiting or referring for a fee, an individual
for employment in the United States shall take all reasonable
steps to verify that the individual is eligible for such
employment. Such steps shall include meeting the requirements
of subsection (d) and the following paragraphs:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall attest, under penalty
of perjury and on a form prescribed by the Secretary, that
the employer has verified the identity and eligibility for
employment of the individual by examining--

``(I) a document described in subparagraph (B); or
``(II) a document described in subparagraph (C) and a
document described in subparagraph (D).

``(ii) Signature requirements.--An attestation required by
clause (i) may be manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--An employer has
complied with the requirement of this paragraph with respect
to examination of documentation if, based on the totality of
the circumstances, a reasonable person would conclude that
the document examined is genuine and establishes the
individual's identity and eligibility for employment in the
United States.
``(iv) Requirements for employment eligibility system
participants.--A participant in the Electronic Employment
Verification System established under subsection (d),
regardless of whether such participation is voluntary or
mandatory, shall be permitted to utilize any technology that
is consistent with this section and with any regulation or
guidance from the Secretary to streamline the procedures to
comply with the attestation requirement, and to comply with
the employment eligibility verification requirements
contained in this section.
``(B) Documents establishing both employment eligibility
and identity.--A document described in this subparagraph is
an individual's--
``(i) United States passport; or
``(ii) permanent resident card or other document designated
by the Secretary, if the document--

``(I) contains a photograph of the individual and such
other personal identifying information relating to the
individual that the Secretary proscribes in regulations is
sufficient for the purposes of this subparagraph;
``(II) is evidence of eligibility for employment in the
United States; and
``(III) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.

``(C) Documents evidencing employment eligibility.--A
document described in this subparagraph is an individual's--

[[Page S2633]]

``(i) social security account number card issued by the
Commissioner of Social Security (other than a card which
specifies on its face that the issuance of the card does not
authorize employment in the United States); or
``(ii) any other documents evidencing eligibility of
employment in the United States, if--

``(I) the Secretary has published a notice in the Federal
Register stating that such document is acceptable for
purposes of this subparagraph; and
``(II) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.

``(D) Documents establishing identity of individual.--A
document described in this subparagraph is an individual's--
``(i) driver's license or identity card issued by a State,
the Commonwealth of the Northern Mariana Islands, or an
outlying possession of the United States that complies with
the requirements of the REAL ID Act of 2005 (division B of
Public Law 109-13; 119 Stat. 302);
``(ii) driver's license or identity card issued by a State,
the Commonwealth of the Northern Mariana Islands, or an
outlying possession of the United States that is not in
compliance with the requirements of the REAL ID Act of 2005,
if the license or identity card--

``(I) is not required by the Secretary to comply with such
requirements; and
``(II) contains the individual's photograph or information,
including the individual's name, date of birth, gender, and
address; and

``(iii) identification card issued by a Federal agency or
department, including a branch of the Armed Forces, or an
agency, department, or entity of a State, or a Native
American tribal document, provided that such card or
document--

``(I) contains the individual's photograph or information
including the individual's name, date of birth, gender, eye
color, and address; and
``(II) contains security features to make the card
resistant to tampering, counterfeiting, and fraudulent use;
or

``(iv) in the case of an individual who is under 16 years
of age who is unable to present a document described in
clause (i), (ii), or (iii), a document of personal identity
of such other type that--

``(I) the Secretary determines is a reliable means of
identification; and
``(II) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.

``(E) Authority to prohibit use of certain documents.--
``(i) Authority.--If the Secretary finds that a document or
class of documents described in subparagraph (B), (C), or (D)
is not reliable to establish identity or eligibility for
employment (as the case may be) or is being used fraudulently
to an unacceptable degree, the Secretary is authorized to
prohibit, or impose conditions, on the use of such document
or class of documents for purposes of this subsection.
``(ii) Requirement for publication.--The Secretary shall
publish notice of any findings under clause (i) in the
Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall attest, under
penalty of perjury on the form prescribed by the Secretary,
that the individual is a national of the United States, an
alien lawfully admitted for permanent residence, or an alien
who is authorized under this Act or by the Secretary to be
hired, recruited or referred for a fee, in the United States.
``(ii) Signature for examination.--An attestation required
by clause (i) may be manifested by a handwritten or
electronic signature.
``(B) Penalties.--An individual who falsely represents that
the individual is eligible for employment in the United
States in an attestation required by subparagraph (A) shall,
for each such violation, be subject to a fine of not more
than $5,000, a term of imprisonment not to exceed 3 years, or
both.
``(3) Retention of attestation.--An employer shall retain a
paper, microfiche, microfilm, or electronic version of an
attestation submitted under paragraph (1) or (2) for an
individual and make such attestations available for
inspection by an officer of the Department of Homeland
Security, any other person designated by the Secretary, the
Special Counsel for Immigration-Related Unfair Employment
Practices of the Department of Justice, or the Secretary of
Labor during a period beginning on the date of the hiring, or
recruiting or referring for a fee, of the individual and
ending--
``(A) in the case of the recruiting or referral for a fee
(without hiring) of an individual, 7 years after the date of
the recruiting or referral; or
``(B) in the case of the hiring of an individual the later
of--
``(i) 7 years after the date of such hiring;
``(ii) 1 year after the date the individual's employment is
terminated; or
``(iii) in the case of an employer or class of employers, a
period that is less than the applicable period described in
clause (i) or (ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and record keeping requirements.--
``(A) Retention of documents.--An employer shall retain,
for the applicable period described in paragraph (3), the
following documents:
``(i) In general.--Notwithstanding any other provision of
law, the employer shall copy all documents presented by an
individual pursuant to this subsection and shall retain
paper, microfiche, microfilm, or electronic copies of such
documents. Such copies shall reflect the signature of the
employer and the individual and the date of receipt of such
documents.
``(ii) Use of retained documents.--An employer shall use
copies retained under clause (i) only for the purposes of
complying with the requirements of this subsection, except as
otherwise permitted under law.
``(B) Retention of social security correspondence.--The
employer shall maintain records related to an individual of
any no-match notice from the Commissioner of Social Security
regarding the individual's name or corresponding social
security account number and the steps taken to resolve each
issue described in the no-match notice.
``(C) Retention of clarification documents.--The employer
shall maintain records of any actions and copies of any
correspondence or action taken by the employer to clarify or
resolve any issue that raises reasonable doubt as to the
validity of the individual's identity or eligibility for
employment in the United States.
``(D) Retention of other records.--The Secretary may
require that an employer retain copies of additional records
related to the individual for the purposes of this section.
``(5) Penalties.--An employer that fails to comply with the
requirement of this subsection shall be subject to the
penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize,
directly or indirectly, the issuance, use, or establishment
of a national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') as described
in this subsection.
``(2) Management of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) provide a response to an inquiry made by an employer
through the Internet or other electronic media or over a
telephone line regarding an individual's identity and
eligibility for employment in the United States;
``(ii) establish a set of codes to be provided through the
System to verify such identity and authorization; and
``(iii) maintain a record of each such inquiry and the
information and codes provided in response to such inquiry.
``(B) Initial response.--Not later than 3 days after an
employer submits an inquiry to the System regarding an
individual, the Secretary shall provide, through the System,
to the employer--
``(i) if the System is able to confirm the individual's
identity and eligibility for employment in the United States,
a confirmation notice, including the appropriate codes on
such confirmation notice; or
``(ii) if the System is unable to confirm the individual's
identity or eligibility for employment in the United States,
a tentative nonconfirmation notice, including the appropriate
codes for such nonconfirmation notice.
``(C) Verification process in case of a tentative
nonconfirmation notice.--
``(i) In general.--If a tentative nonconfirmation notice is
issued under subparagraph (B)(ii), not later than 10 days
after the date an individual submits information to contest
such notice under paragraph (7)(C)(ii)(III), the Secretary,
through the System, shall issue a final confirmation notice
or a final nonconfirmation notice to the employer, including
the appropriate codes for such notice.
``(ii) Development of process.--The Secretary shall consult
with the Commissioner of Social Security to develop a
verification process to be used to provide a final
confirmation notice or a final nonconfirmation notice under
clause (i).
``(D) Design and operation of system.--The Secretary, in
consultation with the Commissioner of Social Security, shall
design and operate the System--
``(i) to maximize reliability and ease of use by employers
in a manner that protects and maintains the privacy and
security of the information maintained in the System;
``(ii) to respond to each inquiry made by an employer; and
``(iii) to track and record any occurrence when the System
is unable to receive such an inquiry;
``(iv) to include appropriate administrative, technical,
and physical safeguards to prevent unauthorized disclosure of
personal information;
``(v) to allow for monitoring of the use of the System and
provide an audit capability; and
``(vi) to have reasonable safeguards, developed in
consultation with the Attorney General, to prevent employers
from engaging in unlawful discriminatory practices, based on
national origin or citizenship status.
``(E) Responsibilities of the commissioner of social
security.--The Commissioner of Social Security shall
establish a reliable, secure method to provide through the

[[Page S2634]]

System, within the time periods required by subparagraphs (B)
and (C)--
``(i) a determination of whether the name and social
security account number provided in an inquiry by an employer
match such information maintained by the Commissioner in
order to confirm the validity of the information provided;
``(ii) a determination of whether such social security
account number was issued to the named individual;
``(iii) a determination of whether such social security
account number is valid for employment in the United States;
and
``(iv) a confirmation notice or a nonconfirmation notice
under subparagraph (B) or (C), in a manner that ensures that
other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(F) Responsibilities of the secretary.--The Secretary
shall establish a reliable, secure method to provide through
the System, within the time periods required by subparagraphs
(B) and (C)--
``(i) a determination of whether the name and alien
identification or authorization number provided in an inquiry
by an employer match such information maintained by the
Secretary in order to confirm the validity of the information
provided;
``(ii) a determination of whether such number was issued to
the named individual;
``(iii) a determination of whether the individual is
authorized to be employed in the United States; and
``(iv) any other related information that the Secretary may
require.
``(G) Updating information.--The Commissioner of Social
Security and the Secretary shall update the information
maintained in the System in a manner that promotes maximum
accuracy and shall provide a process for the prompt
correction of erroneous information.
``(3) Requirements for participation.--Except as provided
in paragraphs (4) and (5), the Secretary shall require
employers to participate in the System as follows:
``(A) Critical employers.--
``(i) Required participation.--As of the date that is 180
days after the date of the enactment of the Comprehensive
Immigration Reform Act of 2006, the Secretary shall require
any employer or class of employers to participate in the
System, with respect to employees hired by the employer prior
to, on, or after such date of enactment, if the Secretary
determines, in the Secretary's sole and unreviewable
discretion, such employer or class of employer is--

``(I) part of the critical infrastructure of the United
States; or
``(II) directly related to the national security or
homeland security of the United States.

``(ii) Discretionary participation.--As of the date that is
180 days after the date of the enactment of the Comprehensive
Immigration Reform Act of 2006, the Secretary may require an
additional employer or class of employers to participate in
the System with respect to employees hired on or after such
date if the Secretary designates such employer or class of
employers, in the Secretary's sole and unreviewable
discretion, as a critical employer based on immigration
enforcement or homeland security needs.
``(B) Large employers.--Not later than 2 years after the
date of the enactment of the Comprehensive Immigration Reform
Act of 2006, the Secretary shall require an employer with
5,000 or more employees in the United States to participate
in the System, with respect to all employees hired by the
employer after the date the Secretary requires such
participation.
``(C) Midsized employers.--Not later than 3 years after the
date of enactment of the Comprehensive Immigration Reform Act
of 2006, the Secretary shall require an employer with less
than 5,000 employees and with 1,000 or more employees in the
United States to participate in the System, with respect to
all employees hired by the employer after the date the
Secretary requires such participation.
``(D) Small employers.--Not later than 4 years after the
date of the enactment of the Comprehensive Immigration Reform
Act of 2006, the Secretary shall require all employers with
less than 1,000 employees and with 250 or more employees in
the United States to participate in the System, with respect
to all employees hired by the employer after the date the
Secretary requires such participation.
``(E) Remaining employers.--Not later than 5 years after
the date of the enactment of the Comprehensive Immigration
Reform Act of 2006, the Secretary shall require all employers
in the United States to participate in the System, with
respect to all employees hired by an employer after the date
the Secretary requires such participation.
``(F) Requirement to publish.--The Secretary shall publish
in the Federal Register the requirements for participation in
the System as described in subparagraphs (A), (B), (C), (D),
and (E) prior to the effective date of such requirements.
``(4) Other participation in system.--Notwithstanding
paragraph (3), the Secretary has the authority, in the
Secretary's sole and unreviewable discretion--
``(A) to permit any employer that is not required to
participate in the System under paragraph (3) to participate
in the System on a voluntary basis; and
``(B) to require any employer that is required to
participate in the System under paragraph (3) with respect to
newly hired employees to participate in the System with
respect to all employees hired by the employer prior to, on,
or after the date of the enactment of the Comprehensive
Immigration Reform Act of 2006, if the Secretary has
reasonable cause to believe that the employer has engaged in
violations of the immigration laws.
``(5) Waiver.--The Secretary is authorized to waive or
delay the participation requirements of paragraph (3) with
respect to any employer or class of employers if the
Secretary provides notice to Congress of such waiver prior to
the date such waiver is granted.
``(6) Consequence of failure to participate.--If an
employer is required to participate in the System and fails
to comply with the requirements of the System with respect to
an individual--
``(A) such failure shall be treated as a violation of
subsection (a)(1)(B) of this section with respect to such
individual; and
``(B) a rebuttable presumption is created that the employer
has violated subsection (a)(1)(A) of this section, however
such presumption may not apply to a prosecution under
subsection (f)(1).
``(7) System requirements.--
``(A) In general.--An employer that participates in the
System, with respect to the hiring, or recruiting or
referring for a fee, any individual for employment in the
United States, shall--
``(i) obtain from the individual and record on the form
designated by the Secretary--

``(I) the individual's social security account number; and
``(II) in the case of an individual who does not attest
that the individual is a national of the United States under
subsection (c)(2), such identification or authorization
number that the Secretary shall require; and

``(ii) retain the original of such form and make such form
available for inspection for the periods and in the manner
described in subsection (c)(3).
``(B) Seeking verification.--The employer shall submit an
inquiry through the System to seek confirmation of the
individual's identity and eligibility for employment in the
United States--
``(i) not later than 3 working days (or such other
reasonable time as may be specified by the Secretary of
Homeland Security) after the date of the hiring, or
recruiting or referring for a fee, of the individual (as the
case may be); or
``(ii) in the case of an employee hired prior to the date
of enactment of the Comprehensive Immigration Reform Act of
2006, at such time as the Secretary shall specify.
``(C) Confirmation or nonconfirmation.--
``(i) Confirmation upon initial inquiry.--If an employer
receives a confirmation notice under paragraph (2)(B)(i) for
an individual, the employer shall record, on the form
specified by the Secretary, the appropriate code provided in
such notice.
``(ii) Nonconfirmation and verification.--

``(I) Nonconfirmation.--If an employer receives a tentative
nonconfirmation notice under paragraph (2)(B)(ii) for an
individual, the employer shall inform such individual of the
issuances of such notice in writing and the individual may
contest such nonconfirmation notice.
``(II) No contest.--If the individual does not contest the
tentative nonconfirmation notice under subclause (I) within
10 days of receiving notice from the individual's employer,
the notice shall become final and the employer shall record
on the form specified by the Secretary, the appropriate code
provided in the nonconfirmation notice.
``(III) Contest.--If the individual contests the tentative
nonconfirmation notice under subclause (I), the individual
shall submit appropriate information to contest such notice
to the System within 10 days of receiving notice from the
individual's employer and shall utilize the verification
process developed under paragraph (2)(C)(ii).
``(IV) Effective period of tentative nonconfirmation.--A
tentative nonconfirmation notice shall remain in effect until
a final such notice becomes final under clause (II) or a
final confirmation notice or final nonconfirmation notice is
issued by the System.
``(V) Prohibition on termination.--An employer may not
terminate the employment of an individual based on a
tentative nonconfirmation notice until such notice becomes
final under clause (II) or a final nonconfirmation notice is
issued for the individual by the System. Nothing in this
clause shall apply to a termination of employment for any
reason other than because of such a failure.
``(VI) Recording of conclusion on form.--If a final
confirmation or nonconfirmation is provided by the System
regarding an individual, the employer shall record on the
form designated by the Secretary the appropriate code that is
provided under the System to indicate a confirmation or
nonconfirmation of the identity and employment eligibility of
the individual.

``(D) Consequences of nonconfirmation.--
``(i) Termination of continued employment.--If the employer
has received a final nonconfirmation regarding an individual,
the employer shall terminate the employment, recruitment, or
referral of the individual. Such employer shall provide to
the Secretary any information relating to the nonconfirmed
individual that the Secretary determines would assist the
Secretary in enforcing or administering the immigration laws.
If the employer continues to employ,

[[Page S2635]]

recruit, or refer the individual after receiving final
nonconfirmation, a rebuttable presumption is created that the
employer has violated subsections (a)(1)(A) and (a)(2). Such
presumption may not apply to a prosecution under subsection
(f)(1).
``(8) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(9) Limitation on use of the system.--Notwithstanding any
other provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States to utilize any information,
database, or other records used in the System for any purpose
other than as provided for under this subsection.
``(10) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection, including requirements with respect to
completion of forms, method of storage, attestations, copying
of documents, signatures, methods of transmitting
information, and other operational and technical aspects to
improve the efficiency, accuracy, and security of the System.
``(11) Fees.--The Secretary is authorized to require any
employer participating in the System to pay a fee or fees for
such participation. The fees may be set at a level that will
recover the full cost of providing the System to all
participants. The fees shall be deposited and remain
available as provided in subsection (m) and (n) of section
286 and the System is providing an immigration adjudication
and naturalization service for purposes of section 286(n).
``(12) Report.--Not later than 1 year after the date of the
enactment of the Comprehensive Immigration Reform Act of
2006, the Secretary shall submit to Congress a report on the
capacity, systems integrity, and accuracy of the System.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file complaints
regarding potential violations of subsection (a);
``(B) for the investigation of those complaints that the
Secretary deems it appropriate to investigate; and
``(C) for the investigation of such other violations of
subsection (a), as the Secretary determines are appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees of the
Department of Homeland Security--
``(i) shall have reasonable access to examine evidence of
any employer being investigated; and
``(ii) if designated by the Secretary of Homeland Security,
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place in an
investigation or case under this subsection.
``(B) Failure to cooperate.--In case of refusal to obey a
subpoena lawfully issued under subparagraph (A)(ii), the
Secretary may request that the Attorney General apply in an
appropriate district court of the United States for an order
requiring compliance with such subpoena, and any failure to
obey such order may be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor shall
have the investigative authority provided under section 11(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to
ensure compliance with the provisions of this title, or any
regulation or order issued under this title.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has reasonable
cause to believe that there has been a violation of a
requirement of this section and determines that further
proceedings related to such violation are warranted, the
Secretary shall issue to the employer concerned a written
notice of the Secretary's intention to issue a claim for a
fine or other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) disclose the material facts which establish the
alleged violation; and
``(iv) inform such employer that the employer shall have a
reasonable opportunity to make representations as to why a
claim for a monetary or other penalty should not be imposed.
``(B) Remission or mitigation of penalties.--
``(i) Petition by employer.--Whenever any employer receives
written notice of a fine or other penalty in accordance with
subparagraph (A), the employer may file within 30 days from
receipt of such notice, with the Secretary a petition for the
remission or mitigation of such fine or penalty, or a
petition for termination of the proceedings. The petition may
include any relevant evidence or proffer of evidence the
employer wishes to present, and shall be filed and considered
in accordance with procedures to be established by the
Secretary.
``(ii) Review by secretary.--If the Secretary finds that
such fine or other penalty was incurred erroneously, or finds
the existence of such mitigating circumstances as to justify
the remission or mitigation of such fine or penalty, the
Secretary may remit or mitigate such fine or other penalty on
the terms and conditions as the Secretary determines are
reasonable and just, or order termination of any proceedings
related to the notice. Such mitigating circumstances may
include good faith compliance and participation in, or
agreement to participate in, the System, if not otherwise
required.
``(iii) Applicability.--This subparagraph may not apply to
an employer that has or is engaged in a pattern or practice
of violations of paragraph (1)(A), (1)(B), or (2) of
subsection (a) or of any other requirements of this section.
``(C) Penalty claim.--After considering evidence and
representations offered by the employer pursuant to
subparagraph (B), the Secretary shall determine whether there
was a violation and promptly issue a written final
determination setting forth the findings of fact and
conclusions of law on which the determination is based and
the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized aliens.--
Any employer that violates any provision of paragraph (1)(A)
or (2) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of not less than $500 and not
more than $4,000 for each unauthorized alien with respect to
each such violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of not less than
$4,000 and not more than $10,000 for each unauthorized alien
with respect to each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph or has failed to comply with a
previously issued and final order related to any such
provision, pay a civil penalty of not less than $6,000 and
not more than $20,000 for each unauthorized alien with
respect to each such violation.
``(B) Record keeping or verification practices.--Any
employer that violates or fails to comply with the
requirements of subsection (b), (c), or (d), shall pay a
civil penalty as follows:
``(i) Pay a civil penalty of not less than $200 and not
more than $2,000 for each such violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of not less than
$400 and not more than $4,000 for each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph or has failed to comply with a
previously issued and final order related to such
requirements, pay a civil penalty of $6,000 for each such
violation.
``(C) Other penalties.--Notwithstanding subparagraphs (A)
and (B), the Secretary may impose additional penalties for
violations, including cease and desist orders, specially
designed compliance plans to prevent further violations,
suspended fines to take effect in the event of a further
violation, and in appropriate cases, the civil penalty
described in subsection (g)(2).
``(D) Reduction of penalties.--Notwithstanding
subparagraphs (A), (B), and (C), the Secretary is authorized
to reduce or mitigate penalties imposed upon employers, based
upon factors including the employer's hiring volume,
compliance history, good faith implementation of a compliance
program, participation in a temporary worker program, and
voluntary disclosure of violations of this subsection to the
Secretary.
``(E) Adjustment for inflation.--All penalties in this
section may be adjusted every 4 years to account for
inflation, as provided by law.
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 45 days after the date the
final determination is issued, file a petition in the Court
of Appeals for the appropriate circuit for review of the
order. The filing of a petition as provided in this paragraph
shall stay the Secretary's determination until entry of
judgment by the court. The burden shall be on the employer to
show that the final determination was not supported by
substantial evidence. The Secretary is authorized to require
that the petitioner provide, prior to filing for review,
security for payment of fines and penalties through bond or
other guarantee of payment acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that
employer under this subsection, and the final determination
is not subject to review as provided in paragraph (5), the
Attorney General may file suit to enforce compliance with the
final determination in any appropriate district court of the
United States. In any such suit, the validity and
appropriateness of the final determination shall not be
subject to review.
``(f) Criminal Penalties and Injunctions for Pattern or
Practice Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $20,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 6 months for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice
of employment, recruitment, or referral in violation of
paragraph (1)(A) or (2)

[[Page S2636]]

of subsection (a), the Attorney General may bring a civil
action in the appropriate district court of the United States
requesting such relief, including a permanent or temporary
injunction, restraining order, or other order against the
employer, as the Secretary deems necessary.
``(g) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referring for a fee, of an individual,
to require the individual to post a bond or security, to pay
or agree to pay an amount, or otherwise to provide a
financial guarantee or indemnity, against any potential
liability arising under this section relating to such hiring,
recruiting, or referring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1)
of this subsection shall be subject to a civil penalty of
$10,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of
such paragraph to the employee or, if the employee cannot be
located, to the Employer Compliance Fund established under
section 286(w).
``(h) Prohibition on Award of Government Contracts, Grants,
and Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold a
Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of this
section or is convicted of a crime under this section, the
employer shall be debarred from the receipt of a Federal
contract, grant, or cooperative agreement for a period of 2
years. The Secretary or the Attorney General shall advise the
Administrator of General Services of such a debarment, and
the Administrator of General Services shall list the employer
on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs for a period of 2 years.
``(B) Waiver.--The Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive operation of this subsection or may limit the duration
or scope of the debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is determined
by the Secretary of Homeland Secretary to be a repeat
violator of this section or is convicted of a crime under
this section, shall be debarred from the receipt of Federal
contracts, grants, or cooperative agreements for a period of
2 years.
``(B) Notice to agencies.--Prior to debarring the employer
under subparagraph (A), the Secretary, in cooperation with
the Administrator of General Services, shall advise any
agency or department holding a contract, grant, or
cooperative agreement with the employer of the Government's
intention to debar the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of 2 years.
``(C) Waiver.--After consideration of the views of any
agency or department that holds a contract, grant, or
cooperative agreement with the employer, the Secretary may,
in lieu of debarring the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of 2 years, waive operation of this subsection, limit
the duration or scope of the debarment, or may refer to an
appropriate lead agency the decision of whether to debar the
employer, for what duration, and under what scope in
accordance with the procedures and standards prescribed by
the Federal Acquisition Regulation. However, any proposed
debarment predicated on an administrative determination of
liability for civil penalty by the Secretary or the Attorney
General shall not be reviewable in any debarment proceeding.
The decision of whether to debar or take alternation shall
not be judicially reviewed.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered
a cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(i) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens (other than aliens
lawfully admitted for permanent residence) eligible to be
employed in the United States, the Secretary shall provide
that any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement.
``(2) Preemption.--The provisions of this section preempt
any State or local law--
``(A) imposing civil or criminal sanctions (other than
through licensing and similar laws) upon those who employ, or
recruit or refer for a fee for employment, unauthorized
aliens; or
``(B) requiring, as a condition of conducting, continuing,
or expanding a business, that a business entity--
``(i) provide, build, fund, or maintain a shelter,
structure, or designated area for use by day laborers at or
near its place of business; or
``(ii) take other steps that facilitate the employment of
day laborers by others.
``(j) Deposit of Amounts Received.--Except as otherwise
specified, civil penalties collected under this section shall
be deposited by the Secretary into the Employer Compliance
Fund established under section 286(w).
``(k) Definitions.--In this section:
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring, recruiting, or referring an individual for
employment in the United States.
``(2) No-match notice.--The term `no-match notice' means
written notice from the Commissioner of Social Security to an
employer reporting earnings on a Form W-2 that an employee
name or corresponding social security account number fail to
match records maintained by the Commissioner.
``(3) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(4) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent residence;
or
``(B) authorized to be so employed by this Act or by the
Secretary.''.
(b) Conforming Amendment.--
(1) Amendment.--Sections 401, 402, 403, 404, and 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a)
are repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under such sections
401, 402, 403, 404, and 405 in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 180 days after
the date of the enactment of this Act.

SEC. 302. EMPLOYER COMPLIANCE FUND.

Section 286 (8 U.S.C. 1356) is amended by adding at the end
the following new subsection:
``(w) Employer Compliance Fund.--
``(1) In general.--There is established in the general fund
of the Treasury, a separate account, which shall be known as
the `Employer Compliance Fund' (referred to in this
subsection as the `Fund').
``(2) Deposits.--There shall be deposited as offsetting
receipts into the Fund all civil monetary penalties collected
by the Secretary of Homeland Security under section 274A.
``(3) Purpose.--Amounts refunded to the Secretary from the
Fund shall be used for the purposes of enhancing and
enforcing employer compliance with section 274A.
``(4) Availability of funds.--Amounts deposited into the
Fund shall remain available until expended and shall be
refunded out of the Fund by the Secretary of the Treasury, at
least on a quarterly basis, to the Secretary of Homeland
Security.''.

SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION
AGENTS.

(a) Worksite Enforcement.--The Secretary shall, subject to
the availability of appropriations for such purpose, annually
increase, by not less than 2,000, the number of positions for
investigators dedicated to enforcing compliance with sections
274 and 274A of the Immigration and Nationality Act (8 U.S.C.
1324, and 1324a) during the 5-year period beginning on the
date of the enactment of this Act.
(b) Fraud Detection.--The Secretary shall, subject to the
availability of appropriations for such purpose, increase by
not less than 1,000 the number of positions for agents of the
Bureau of Immigration and Customs Enforcement dedicated to
immigration fraud detection during the 5-year period
beginning on the date of the enactment of this Act.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2007 through 2011 such sums as may be necessary to
carry out this section.

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR
MISREPRESENTATION.

Section 212(a)(6)(C)(ii)(I) (8 U.S.C.
1182(a)(6)(C)(ii)(I)), is amended by striking ``citizen'' and
inserting ``national''.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

SEC. 401. IMMIGRATION IMPACT STUDY.

(a) Effective Date.--Any regulation that would increase the
number of aliens who are eligible for legal status may not
take effect before 90 days after the date on which the
Director of the Bureau of the Census submits a report to
Congress under subsection (c).
(b) Study.--The Director of the Bureau of the Census,
jointly with the Secretary, the Secretary of Agriculture, the
Secretary of Education, the Secretary of Energy, the
Secretary of Health and Human Services, the Secretary of
Housing and Urban Development, the Secretary of the Interior,
the Secretary of Labor, the Secretary of Transportation, the
Secretary of the Treasury, the Attorney General, and the
Administrator of the Environmental Protection Agency, shall
undertake a study examining the impacts of the current and
proposed annual grants of

[[Page S2637]]

legal status, including immigrant and nonimmigrant status,
along with the current level of illegal immigration, on the
infrastructure of and quality of life in the United States.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Bureau of the
Census shall submit to Congress a report on the findings of
the study required by subsection (b), including the following
information:
(1) An estimate of the total legal and illegal immigrant
populations of the United States, as they relate to the total
population.
(2) The projected impact of legal and illegal immigration
on the size of the population of the United States over the
next 50 years, which regions of the country are likely to
experience the largest increases, which small towns and rural
counties are likely to lose their character as a result of
such growth, and how the proposed regulations would affect
these projections.
(3) The impact of the current and projected foreign-born
populations on the natural environment, including the
consumption of nonrenewable resources, waste production and
disposal, the emission of pollutants, and the loss of habitat
and productive farmland, an estimate of the public
expenditures required to maintain current standards in each
of these areas, the degree to which current standards will
deteriorate if such expenditures are not forthcoming, and the
additional effects the proposed regulations would have.
(4) The impact of the current and projected foreign-born
populations on employment and wage rates, particularly in
industries such as agriculture and services in which the
foreign born are concentrated, an estimate of the associated
public costs, and the additional effects the proposed
regulations would have.
(5) The impact of the current and projected foreign-born
populations on the need for additions and improvements to the
transportation infrastructure of the United States, an
estimate of the public expenditures required to meet this
need, the impact on Americans' mobility if such expenditures
are not forthcoming, and the additional effect the proposed
regulations would have.
(6) The impact of the current and projected foreign-born
populations on enrollment, class size, teacher-student
ratios, and the quality of education in public schools, an
estimate of the public expenditures required to maintain
current median standards, the degree to those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(7) The impact of the current and projected foreign-born
populations on home ownership rates, housing prices, and the
demand for low-income and subsidized housing, the public
expenditures required to maintain current median standards in
these areas, the degree to which those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(8) The impact of the current and projected foreign-born
populations on access to quality health care and on the cost
of health care and health insurance, an estimate of the
public expenditures required to maintain current median
standards, the degree to which those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(9) The impact of the current and projected foreign-born
populations on the criminal justice system in the United
States, an estimate of the associated public costs, and the
additional effect the proposed regulations would have.

SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

(a) Temporary Worker Category.--Section 101(a)(15)(H) (8
U.S.C. 1101(a)(15)(H)) is amended to read as follows:
``(H) an alien--
``(i)(b) subject to section 212(j)(2)--

``(aa) who is coming temporarily to the United States to
perform services (other than services described in clause
(ii)(a) or subparagraph (O) or (P)) in a specialty occupation
described in section 214(i)(1) or as a fashion model;
``(bb) who meets the requirements for the occupation
specified in section 214(i)(2) or, in the case of a fashion
model, is of distinguished merit and ability; and
``(cc) with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security that the intending employer has filed an application
with the Secretary in accordance with section 212(n)(1);

``(b1)(aa) who is entitled to enter the United States under
the provisions of an agreement listed in section
214(g)(8)(A);
``(bb) who is engaged in a specialty occupation described
in section 214(i)(3); and
``(cc) with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security and the Secretary of State that the intending
employer has filed an attestation with the Secretary of Labor
in accordance with section 212(t)(1); or
``(c)(aa) who is coming temporarily to the United States to
perform services as a registered nurse;
``(bb) who meets the qualifications described in section
212(m)(1); and
``(cc) with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security that an unexpired attestation is on file and in
effect under section 212(m)(2) for the facility (as defined
in section 212(m)(6)) for which the alien will perform the
services; or
``(ii)(a) who--

``(aa) has a residence in a foreign country which the alien
has no intention of abandoning; and
``(bb) is coming temporarily to the United States to
perform agricultural labor or services (as defined by the
Secretary of Labor), including agricultural labor (as defined
in section 3121(g) of the Internal Revenue Code of 1986),
agriculture (as defined in section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f))), and the pressing
of apples for cider on a farm, of a temporary or seasonal
nature;

``(b) who--

``(aa) has a residence in a foreign country which the alien
has no intention of abandoning;
``(bb) is coming temporarily to the United States to
perform nonagricultural work or services of a temporary or
seasonal nature (if unemployed persons capable of performing
such work or services cannot be found in the United States),
excluding medical school graduates coming to the United
States to perform services as members of the medical
profession; or

``(c) who--

``(aa) has a residence in a foreign country which the alien
has no intention of abandoning;
``(bb) is coming temporarily to the United States to
perform temporary labor or services other than the labor or
services described in clause (i)(b), (i)(c), (ii)(a), or
(iii), or subparagraph (L), (O), (P), or (R) (if unemployed
persons capable of performing such labor or services cannot
be found in the United States); and
``(cc) meets the requirements of section 218A, including
the filing of a petition under such section on behalf of the
alien;

``(iii) who--

``(a) has a residence in a foreign country which the alien
has no intention of abandoning; and
``(b) is coming temporarily to the United States as a
trainee (other than to receive graduate medical education or
training) in a training program that is not designed
primarily to provide productive employment; or

``(iv) who--

``(a) is the spouse or a minor child of an alien described
in clause (iii); and
``(b) is accompanying or following to join such alien.''.

(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date which is 1 year after the date
of the enactment of this Act and shall apply to aliens, who,
on such effective date, are outside of the United States.

SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

(a) Temporary Guest Workers.--
(1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et
seq.) is amended by inserting after section 218 the
following:

``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

``(a) Authorization.--The Secretary of State may grant a
temporary visa to an H-2C nonimmigrant who demonstrates an
intent to perform labor or services in the United States
(other than the labor or services described in clause (i)(b)
or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O),
(P), or (R)) of section 101(a)(15).
``(b) Requirements for Admission.--An alien shall be
eligible for H-2C nonimmigrant status if the alien meets the
following requirements:
``(1) Eligibility to work.--The alien shall establish that
the alien is capable of performing the labor or services
required for an occupation under section
101(a)(15)(H)(ii)(c).
``(2) Evidence of employment.--The alien shall establish
that the alien has received a job offer from an employer who
has complied with the requirements of 218B.
``(3) Fee.--The alien shall pay a $500 visa issuance fee in
addition to the cost of processing and adjudicating such
application. Nothing in this paragraph shall be construed to
affect consular procedures for charging reciprocal fees.
``(4) Medical examination.--The alien shall undergo a
medical examination (including a determination of
immunization status), at the alien's expense, that conforms
to generally accepted standards of medical practice.
``(5) Application content and waiver.--
``(A) Application form.--The alien shall submit to the
Secretary a completed application, on a form designed by the
Secretary of Homeland Security, including proof of evidence
of the requirements under paragraphs (1) and (2).
``(B) Content.--In addition to any other information that
the Secretary requires to determine an alien's eligibility
for H-2C nonimmigrant status, the Secretary shall require an
alien to provide information concerning the alien's--
``(i) physical and mental health;
``(ii) criminal history and gang membership;
``(iii) immigration history; and
``(iv) involvement with groups or individuals that have
engaged in terrorism, genocide, persecution, or who seek the
overthrow of the United States Government.
``(C) Knowledge.--The alien shall include with the
application submitted under this paragraph a signed
certification in which the alien certifies that--

[[Page S2638]]

``(i) the alien has read and understands all of the
questions and statements on the application form;
``(ii) the alien certifies under penalty of perjury under
the laws of the United States that the application, and any
evidence submitted with it, are all true and correct; and
``(iii) the applicant authorizes the release of any
information contained in the application and any attached
evidence for law enforcement purposes.
``(c) Grounds of Inadmissibility.--
``(1) In general.--In determining an alien's admissibility
as an H-2C nonimmigrant--
``(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of
section 212(a) may be waived for conduct that occurred before
the effective date of the Comprehensive Immigration Reform
Act of 2006;
``(B) the Secretary of Homeland Security may not waive the
application of--
``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of
section 212(a)(2) (relating to criminals);
``(ii) section 212(a)(3) (relating to security and related
grounds); or
``(iii) subparagraph (A), (C) or (D) of section 212(a)(10)
(relating to polygamists and child abductors); and
``(C) for conduct that occurred before the date of the
enactment of the Comprehensive Immigration Reform Act of
2006, the Secretary of Homeland Security may waive the
application of any provision of section 212(a) not listed in
subparagraph (B) on behalf of an individual alien--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if such a waiver is otherwise in the public
interest.
``(2) Renewal of authorized admission and subsequent
admissions.--An alien seeking renewal of authorized admission
or subsequent admission as an H-2C nonimmigrant shall
establish that the alien is not inadmissible under section
212(a).
``(d) Background Checks.--The Secretary of Homeland
Security shall not admit, and the Secretary of State shall
not issue a visa to, an alien seeking H-2C nonimmigrant
status unless all appropriate background checks have been
completed.
``(e) Ineligible to Change Nonimmigrant Classification.--An
H-2C nonimmigrant may not change nonimmigrant classification
under section 248.
``(f) Period of Authorized Admission.--
``(1) Authorized period and renewal.--The initial period of
authorized admission as an H-2C nonimmigrant shall be 3
years, and the alien may seek 1 extension for an additional
3-year period.
``(2) International commuters.--An alien who resides
outside the United States and commutes into the United States
to work as an H-2C nonimmigrant, is not subject to the time
limitations under paragraph (1).
``(3) Loss of employment.--
``(A) In general.--Subject to subsection (c), the period of
authorized admission of an H-2C nonimmigrant shall terminate
if the alien is unemployed for 60 or more consecutive days.
``(B) Return to foreign residence.--Any alien whose period
of authorized admission terminates under subparagraph (A)
shall be required to leave the United States.
``(C) Period of visa validity.--Any alien, whose period of
authorized admission terminates under subparagraph (A), who
leaves the United States under subparagraph (B), may reenter
the United States as an H-2C nonimmigrant to work for an
employer, if the alien has complied with the requirements of
subsections (b) and (f)(2). The Secretary may, in the
Secretary's sole and unreviewable discretion, reauthorize
such alien for admission as an H-2C nonimmigrant without
requiring the alien's departure from the United States.
``(4) Visits outside united states.--
``(A) In general.--Under regulations established by the
Secretary of Homeland Security, an H-2C nonimmigrant--
``(i) may travel outside of the United States; and
``(ii) may be readmitted without having to obtain a new
visa if the period of authorized admission has not expired.
``(B) Effect on period of authorized admission.--Time spent
outside the United States under subparagraph (A) shall not
extend the period of authorized admission in the United
States.
``(5) Bars to extension or admission.--An alien may not be
granted H-2C nonimmigrant status, or an extension of such
status, if--
``(A) the alien has violated any material term or condition
of such status granted previously, including failure to
comply with the change of address reporting requirements
under section 265;
``(B) the alien is inadmissible as a nonimmigrant; or
``(C) the granting of such status or extension of such
status would allow the alien to exceed 6 years as an H-2C
nonimmigrant, unless the alien has resided and been
physically present outside the United States for at least 1
year after the expiration of such H-2C nonimmigrant status.
``(g) Evidence of Nonimmigrant Status.--Each H-2C
nonimmigrant shall be issued documentary evidence of
nonimmigrant status, which--
``(1) shall be machine-readable, tamper-resistant, and
allow for biometric authentication;
``(2) shall be designed in consultation with the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement;
``(3) shall, during the alien's authorized period of
admission under subsection (f), serve as a valid entry
document for the purpose of applying for admission to the
United States--
``(A) instead of a passport and visa if the alien--
``(i) is a national of a foreign territory contiguous to
the United States; and
``(ii) is applying for admission at a land border port of
entry; and
``(B) in conjunction with a valid passport, if the alien is
applying for admission at an air or sea port of entry;
``(4) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B); and
``(5) shall be issued to the H-2C nonimmigrant by the
Secretary of Homeland Security promptly after the final
adjudication of such alien's application for H-2C
nonimmigrant status.
``(h) Penalty for Failure to Depart.--If an H-2C
nonimmigrant fails to depart the United States before the
date which is 10 days after the date that the alien's
authorized period of admission as an H-2C nonimmigrant
terminates, the H-2C nonimmigrant may not apply for or
receive any immigration relief or benefit under this Act or
any other law, except for relief under sections 208 and
241(b)(3) and relief under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
for an alien who indicates either an intention to apply for
asylum under section 208 or a fear of persecution or torture.
``(i) Penalty for Illegal Entry or Overstay.--Any alien who
enters, attempts to enter, or crosses the border after the
date of the enactment of this section, and is physically
present in the United States after such date in violation of
this Act or of any other Federal law, may not receive, for a
period of 10 years--
``(1) any relief under sections 240A and 240B; or
``(2) nonimmigrant status under section 101(a)(15).
``(j) Portability.--A nonimmigrant alien described in this
section, who was previously issued a visa or otherwise
provided H-2C nonimmigrant status, may accept a new offer of
employment with a subsequent employer, if--
``(1) the employer complies with section 218B; and
``(2) the alien, after lawful admission to the United
States, did not work without authorization.
``(k) Change of Address.--An H-2C nonimmigrant shall comply
with the change of address reporting requirements under
section 265 through either electronic or paper notification.
``(l) Collection of Fees.--All fees collected under this
section shall be deposited in the Treasury in accordance with
section 286(c).
``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and
Children.--
``(1) In general.--The alien spouse and children of an H-2C
nonimmigrant (referred to in this section as `dependent
aliens') who are accompanying or following to join the H-2C
nonimmigrant may be issued nonimmigrant visas under section
101(a)(15)(H)(iv).
``(2) Requirements for admission.--A dependent alien is
eligible for nonimmigrant status under 101(a)(15)(H)(iv) if
the dependant alien meets the following requirements:
``(A) Eligibility.--The dependent alien is admissible as a
nonimmigrant and does not fall within a class of aliens
ineligible for H-4A nonimmigrant status listed under
subsection (c).
``(B) Medical examination.--Before a nonimmigrant visa is
issued to a dependent alien under this subsection, the
dependent alien may be required to submit to a medical
examination (including a determination of immunization
status) at the alien's expense, that conforms to generally
accepted standards of medical practice.
``(C) Background checks.--Before a nonimmigrant visa is
issued to a dependent alien under this section, the consular
officer shall conduct such background checks as the Secretary
of State, in consultation with the Secretary of Homeland
Security, considers appropriate.
``(n) Definitions.--In this section and sections 218B,
218C, and 218D:
``(1) Aggrieved person.--The term `aggrieved person' means
a person adversely affected by an alleged violation of this
section, including--
``(A) a worker whose job, wages, or working conditions are
adversely affected by the violation; and
``(B) a representative for workers whose jobs, wages, or
working conditions are adversely affected by the violation
who brings a complaint on behalf of such worker.
``(2) Area of employment.--The terms `area of employment'
and `area of intended employment' mean the area within normal
commuting distance of the worksite or physical location at
which the work of the temporary worker is or will be
performed. If such worksite or location is within a
Metropolitan Statistical Area, any place within such area is
deemed to be within the area of employment.
``(3) Eligible individual.--The term `eligible individual'
means, with respect to employment, an individual who is not
an unauthorized alien (as defined in section 274A) with
respect to that employment.

[[Page S2639]]

``(4) Employ; employee; employer.--The terms `employ',
`employee', and `employer' have the meanings given such terms
in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
``(5) Foreign labor contractor.--The term `foreign labor
contractor' means any person who for any compensation or
other valuable consideration paid or promised to be paid,
performs any foreign labor contracting activity.
``(6) Foreign labor contracting activity.--The term
`foreign labor contracting activity' means recruiting,
soliciting, hiring, employing, or furnishing, an individual
who resides outside of the United States for employment in
the United States as a nonimmigrant alien described in
section 101(a)(15)(H)(ii)(c).
``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant'
means a nonimmigrant described in section
101(a)(15)(H)(ii)(c).
``(8) Separation from employment.--The term `separation
from employment' means the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a grant or
contract. The term does not include any situation in which
the worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the same
employer at equivalent or higher compensation and benefits
than the position from which the employee was discharged,
regardless of whether the employee accepts the offer. Nothing
in this paragraph shall limit an employee's rights under a
collective bargaining agreement or other employment contract.
``(9) United states worker.--The term `United States
worker' means an employee who is--
``(A) a citizen or national of the United States; or
``(B) an alien who is--
``(i) lawfully admitted for permanent residence;
``(ii) admitted as a refugee under section 207;
``(iii) granted asylum under section 208; or
``(iv) otherwise authorized, under this Act or by the
Secretary of Homeland Security, to be employed in the United
States.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 218
the following:

``Sec. 218A. Admission of temporary H-2C workers.''.

(b) Creation of State Impact Assistance Account.--Section
286 (8 U.S.C. 1356) is amended by adding at the end the
following:
``(x) State Impact Assistance Account.--There is
established in the general fund of the Treasury a separate
account, which shall be known as the `State Impact Aid
Account'. Notwithstanding any other provision under this Act,
there shall be deposited as offsetting receipts into the
account all family supplemental visa and family supplemental
extension of status fees collected under sections 218A and
218B.''.

SEC. 404. EMPLOYER OBLIGATIONS.

(a) In General.--Title II (8 U.S.C. 1201 et seq.) is
amended by inserting after section 218A, as added by section
403, the following:

``SEC. 218B. EMPLOYER OBLIGATIONS.

``(a) General Requirements.--Each employer who employs an
H-2C nonimmigrant shall--
``(1) file a petition in accordance with subsection (b);
and
``(2) pay the appropriate fee, as determined by the
Secretary of Labor.
``(b) Petition.--A petition to hire an H-2C nonimmigrant
under this section shall include an attestation by the
employer of the following:
``(1) Protection of united states workers.--The employment
of an H-2C nonimmigrant--
``(A) will not adversely affect the wages and working
conditions of workers in the United States similarly
employed; and
``(B) did not and will not cause the separation from
employment of a United States worker employed by the employer
within the 180-day period beginning 90 days before the date
on which the petition is filed.
``(2) Wages.--
``(A) In general.--The H-2C nonimmigrant will be paid not
less than the greater of--
``(i) the actual wage level paid by the employer to all
other individuals with similar experience and qualifications
for the specific employment in question; or
``(ii) the prevailing wage level for the occupational
classification in the area of employment, taking into account
experience and skill levels of employees.
``(B) Calculation.--The wage levels under subparagraph (A)
shall be calculated based on the best information available
at the time of the filing of the application.
``(C) Prevailing wage level.--For purposes of subparagraph
(A)(ii), the prevailing wage level shall be determined in
accordance with this subparagraph. If the job opportunity is
covered by a collective bargaining agreement between a union
and the employer, the prevailing wage shall be the wage rate
set forth in the collective bargaining agreement. If the job
opportunity is not covered by such an agreement, and it is in
an occupation that is covered by a wage determination under a
provision of subchapter IV of chapter 31 of title 40, United
States Code, or the Service Contract Act of 1965 (41 U.S.C.
351 et seq.), the prevailing wage level shall be the
appropriate statutory wage.
``(3) Working conditions.--All workers in the occupation at
the place of employment at which the H-2C nonimmigrant will
be employed will be provided the working conditions and
benefits that are normal to workers similarly employed in the
area of intended employment.
``(4) Labor dispute.--There is not a strike, lockout, or
work stoppage in the course of a labor dispute in the
occupation at the place of employment at which the H-2C
nonimmigrant will be employed. If such strike, lockout, or
work stoppage occurs following submission of the petition,
the employer will provide notification in accordance with
regulations promulgated by the Secretary of Labor.
``(5) Provision of insurance.--If the position for which
the H-2C nonimmigrant is sought is not covered by the State
workers' compensation law, the employer will provide, at no
cost to the H-2C nonimmigrant, insurance covering injury and
disease arising out of, and in the course of, the worker's
employment, which will provide benefits at least equal to
those provided under the State workers' compensation law for
comparable employment.
``(6) Notice to employees.--
``(A) In general.--The employer has provided notice of the
filing of the petition to the bargaining representative of
the employer's employees in the occupational classification
and area of employment for which the H-2C nonimmigrant is
sought.
``(B) No bargaining representative.--If there is no such
bargaining representative, the employer has--
``(i) posted a notice of the filing of the petition in a
conspicuous location at the place or places of employment for
which the H-2C nonimmigrant is sought; or
``(ii) electronically disseminated such a notice to the
employer's employees in the occupational classification for
which the H-2C nonimmigrant is sought.
``(7) Recruitment.--Except where the Secretary of Labor has
determined that there is a shortage of United States workers
in the occupation and area of intended employment for which
the H-2C nonimmigrant is sought--
``(A) there are not sufficient workers who are able,
willing, and qualified, and who will be available at the time
and place needed, to perform the labor or services involved
in the petition; and
``(B) good faith efforts have been taken to recruit United
States workers, in accordance with regulations promulgated by
the Secretary of Labor, which efforts included--
``(i) the completion of recruitment during the period
beginning on the date that is 90 days before the date on
which the petition was filed with the Department of Homeland
Security and ending on the date that is 14 days before such
filing date; and
``(ii) the actual wage paid by the employer for the
occupation in the areas of intended employment was used in
conducting recruitment.
``(8) Ineligibility.--The employer is not currently
ineligible from using the H-2C nonimmigrant program described
in this section.
``(9) Bonafide offer of employment.--The job for which the
H-2C nonimmigrant is sought is a bona fide job--
``(A) for which the employer needs labor or services;
``(B) which has been and is clearly open to any United
States worker; and
``(C) for which the employer will be able to place the H-2C
nonimmigrant on the payroll.
``(10) Public availability and records retention.--A copy
of each petition filed under this section and documentation
supporting each attestation, in accordance with regulations
promulgated by the Secretary of Labor, will--
``(A) be provided to every H-2C nonimmigrant employed under
the petition;
``(B) be made available for public examination at the
employer's place of business or work site;
``(C) be made available to the Secretary of Labor during
any audit; and
``(D) remain available for examination for 5 years after
the date on which the petition is filed.
``(11) Notification upon separation from or transfer of
employment.--The employer will notify the Secretary of Labor
and the Secretary of Homeland Security of an H-2C
nonimmigrant's separation from employment or transfer to
another employer not more than 3 business days after the date
of such separation or transfer, in accordance with
regulations promulgated by the Secretary of Homeland
Security.
``(12) Actual need for labor or services.--The petition was
filed not more than 60 days before the date on which the
employer needed labor or services for which the H-2C
nonimmigrant is sought.
``(c) Audit of Attestations.--
``(1) Referrals by secretary of homeland security.--The
Secretary of Homeland Security shall refer all approved
petitions for H-2C nonimmigrants to the Secretary of Labor
for potential audit.
``(2) Audits authorized.--The Secretary of Labor may audit
any approved petition referred pursuant to paragraph (1), in
accordance with regulations promulgated by the Secretary of
Labor.
``(d) Ineligible Employers.--
``(1) In general.--The Secretary of Homeland Security shall
not approve an employer's petitions, applications,
certifications, or attestations under any immigrant or
nonimmigrant program if the Secretary of

[[Page S2640]]

Labor determines, after notice and an opportunity for a
hearing, that the employer submitting such documents--
``(A) has, with respect to the attestations required under
subsection (b)--
``(i) misrepresented a material fact;
``(ii) made a fraudulent statement; or
``(iii) failed to comply with the terms of such
attestations; or
``(B) failed to cooperate in the audit process in
accordance with regulations promulgated by the Secretary of
Labor.
``(2) Length of ineligibility.--An employer described in
paragraph (1) shall be ineligible to participate in the labor
certification programs of the Secretary of Labor for not less
than the time period determined by the Secretary, not to
exceed 3 years.
``(3) Employers in high unemployment areas.--Beginning on
the date that is 1 year after the date of the enactment of
the Comprehensive Immigration Reform Act of 2006, the
Secretary of Homeland Security may not approve any employer's
petition under subsection (b) if the work to be performed by
the H-2C nonimmigrant is located in a metropolitan or
micropolitan statistical area (as defined by the Office of
Management and Budget) in which the unemployment rate for
unskilled and low-skilled workers during the most recently
completed 6-month period averaged more than 11.0 percent.
``(e) Regulation of Foreign Labor Contractors.--
``(1) Coverage.--Notwithstanding any other provision of
law, an H-2C nonimmigrant may not be treated as an
independent contractor.
``(2) Applicability of laws.--An H-2C nonimmigrant shall
not be denied any right or any remedy under Federal, State,
or local labor or employment law that would be applicable to
a United States worker employed in a similar position with
the employer because of the alien's status as a nonimmigrant
worker.
``(3) Tax responsibilities.--With respect to each employed
H-2C nonimmigrant, an employer shall comply with all
applicable Federal, State, and local tax and revenue laws.
``(f) Whistleblower Protection.--It shall be unlawful for
an employer or a labor contractor of an H-2C nonimmigrant to
intimidate, threaten, restrain, coerce, retaliate, discharge,
or in any other manner, discriminate against an employee or
former employee because the employee or former employee--
``(1) discloses information to the employer or any other
person that the employee or former employee reasonably
believes demonstrates a violation of this Act; or
``(2) cooperates or seeks to cooperate in an investigation
or other proceeding concerning compliance with the
requirements of this Act.
``(g) Labor Recruiters.--
``(1) In general.--Each employer that engages in foreign
labor contracting activity and each foreign labor contractor
shall ascertain and disclose, to each such worker who is
recruited for employment at the time of the worker's
recruitment--
``(A) the place of employment;
``(B) the compensation for the employment;
``(C) a description of employment activities;
``(D) the period of employment;
``(E) any other employee benefit to be provided and any
costs to be charged for each benefit;
``(F) any travel or transportation expenses to be assessed;
``(G) the existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment;
``(H) the existence of any arrangement with any owner,
employer, foreign contractor, or its agent where such person
receives a commission from the provision of items or services
to workers;
``(I) the extent to which workers will be compensated
through workers' compensation, private insurance, or
otherwise for injuries or death, including--
``(i) work related injuries and death during the period of
employment;
``(ii) the name of the State workers' compensation
insurance carrier or the name of the policyholder of the
private insurance;
``(iii) the name and the telephone number of each person
who must be notified of an injury or death; and
``(iv) the time period within which such notice must be
given;
``(J) any education or training to be provided or required,
including--
``(i) the nature and cost of such training;
``(ii) the entity that will pay such costs; and
``(iii) whether the training is a condition of employment,
continued employment, or future employment; and
``(K) a statement, in a form specified by the Secretary of
Labor, describing the protections of this Act for workers
recruited abroad.
``(2) False or misleading information.--No foreign labor
contractor or employer who engages in foreign labor
contracting activity shall knowingly provide material false
or misleading information to any worker concerning any matter
required to be disclosed in paragraph (1).
``(3) Languages.--The information required to be disclosed
under paragraph (1) shall be provided in writing in English
or, as necessary and reasonable, in the language of the
worker being recruited. The Secretary of Labor shall make
forms available in English, Spanish, and other languages, as
necessary, which may be used in providing workers with
information required under this section.
``(4) Fees.--A person conducting a foreign labor
contracting activity shall not assess any fee to a worker for
such foreign labor contracting activity.
``(5) Terms.--No employer or foreign labor contractor
shall, without justification, violate the terms of any
agreement made by that contractor or employer regarding
employment under this program.
``(6) Travel costs.--If the foreign labor contractor or
employer charges the employee for transportation such
transportation costs shall be reasonable.
``(7) Other worker protections.--
``(A) Notification.--Not less frequently than once every 2
years, each employer shall notify the Secretary of Labor of
the identity of any foreign labor contractor engaged by the
employer in any foreign labor contractor activity for, or on
behalf of, the employer.
``(B) Registration of foreign labor contractors.--
``(i) In general.--No person shall engage in foreign labor
recruiting activity unless such person has a certificate of
registration from the Secretary of Labor specifying the
activities that such person is authorized to perform. An
employer who retains the services of a foreign labor
contractor shall only use those foreign labor contractors who
are registered under this subparagraph.
``(ii) Issuance.--The Secretary shall promulgate
regulations to establish an efficient electronic process for
the investigation and approval of an application for a
certificate of registration of foreign labor contractors not
later than 14 days after such application is filed,
including--

``(I) requirements under paragraphs (1), (4), and (5) of
section 102 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1812);
``(II) an expeditious means to update registrations and
renew certificates; and
``(III) any other requirements that the Secretary may
prescribe.

``(iii) Term.--Unless suspended or revoked, a certificate
under this subparagraph shall be valid for 2 years.
``(iv) Refusal to issue; revocation; suspension.--In
accordance with regulations promulgated by the Secretary of
Labor, the Secretary may refuse to issue or renew, or may
suspend or revoke, a certificate of registration under this
subparagraph if--

``(I) the application or holder of the certification has
knowingly made a material misrepresentation in the
application for such certificate;
``(II) the applicant for, or holder of, the certification
is not the real party in interest in the application or
certificate of registration and the real party in interest--

``(aa) is a person who has been refused issuance or renewal
of a certificate;
``(bb) has had a certificate suspended or revoked; or
``(cc) does not qualify for a certificate under this
paragraph; or

``(III) the applicant for or holder of the certification
has failed to comply with this Act.

``(C) Remedy for violations.--An employer engaging in
foreign labor contracting activity and a foreign labor
contractor that violates the provisions of this subsection
shall be subject to remedies for foreign labor contractor
violations under subsections (h) and (i). If a foreign labor
contractor acting as an agent of an employer violates any
provision of this subsection, the employer shall also be
subject to remedies under subsections (h) and (i). An
employer that violates a provision of this subsection
relating to employer obligations shall be subject to remedies
under subsections (h) and (i).
``(D) Employer notification.--An employer shall notify the
Secretary of Labor if the employer becomes aware of a
violation of this subsection by a foreign labor recruiter.
``(E) Written agreements.--A foreign labor contractor may
not violate the terms of any written agreements made with an
employer relating to any contracting activity or worker
protection under this subsection.
``(F) Bonding requirement.--The Secretary of Labor may
require a foreign labor contractor to post a bond in an
amount sufficient to ensure the protection of individuals
recruited by the foreign labor contractor. The Secretary may
consider the extent to which the foreign labor contractor has
sufficient ties to the United States to adequately enforce
this subsection.
``(h) Enforcement.--
``(1) In general.--The Secretary of Labor shall promulgate
regulations for the receipt, investigation, and disposition
of complaints by an aggrieved person respecting a violation
of this section.
``(2) Filing deadline.--No investigation or hearing shall
be conducted on a complaint concerning a violation under this
section unless the complaint was filed not later than 12
months after the date of such violation.
``(3) Reasonable cause.--The Secretary of Labor shall
conduct an investigation under this subsection if there is
reasonable cause to believe that a violation of this section
has occurred. The process established under this subsection
shall provide that, not later than 30 days after a complaint
is filed, the Secretary shall determine if there is
reasonable cause to find such a violation.
``(4) Notice and hearing.--
``(A) In general.--Not later than 60 days after the
Secretary of Labor makes a determination of reasonable cause
under paragraph (4), the Secretary shall issue a notice

[[Page S2641]]

to the interested parties and offer an opportunity for a
hearing on the complaint, in accordance with section 556 of
title 5, United States Code.
``(B) Complaint.--If the Secretary of Labor, after
receiving a complaint under this subsection, does not offer
the aggrieved party or organization an opportunity for a
hearing under subparagraph (A), the Secretary shall notify
the aggrieved party or organization of such determination and
the aggrieved party or organization may seek a hearing on the
complaint in accordance with such section 556.
``(C) Hearing deadline.--Not later than 60 days after the
date of a hearing under this paragraph, the Secretary of
Labor shall make a finding on the matter in accordance with
paragraph (5).
``(5) Attorneys' fees.--A complainant who prevails with
respect to a claim under this subsection shall be entitled to
an award of reasonable attorneys' fees and costs.
``(6) Power of the secretary.--The Secretary may bring an
action in any court of competent jurisdiction--
``(A) to seek remedial action, including injunctive relief;
``(B) to recover the damages described in subsection (i);
or
``(C) to ensure compliance with terms and conditions
described in subsection (g).
``(7) Solicitor of labor.--Except as provided in section
518(a) of title 28, United States Code, the Solicitor of
Labor may appear for and represent the Secretary of Labor in
any civil litigation brought under this subsection. All such
litigation shall be subject to the direction and control of
the Attorney General.
``(8) Procedures in addition to other rights of
employees.--The rights and remedies provided to workers under
this section are in addition to any other contractual or
statutory rights and remedies of the workers, and are not
intended to alter or affect such rights and remedies.
``(i) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary of Labor finds a violation of
subsection (b), (e), (f), or (g), the Secretary may impose
administrative remedies and penalties, including--
``(A) back wages;
``(B) benefits; and
``(C) civil monetary penalties.
``(2) Civil penalties.--The Secretary of Labor may impose,
as a civil penalty--
``(A) for a violation of subsection (e) or (f)--
``(i) a fine in an amount not to exceed $2,000 per
violation per affected worker;
``(ii) if the violation was willful violation, a fine in an
amount not to exceed $5,000 per violation per affected
worker;
``(iii) if the violation was willful and if in the course
of such violation a United States worker was harmed, a fine
in an amount not to exceed $25,000 per violation per affected
worker; and
``(B) for a violation of subsection (g)--
``(i) a fine in an amount not less than $500 and not more
than $4,000 per violation per affected worker;
``(ii) if the violation was willful, a fine in an amount
not less than $2,000 and not more than $5,000 per violation
per affected worker; and
``(iii) if the violation was willful and if in the course
of such violation a United States worker was harmed, a fine
in an amount not less than $6,000 and not more than $35,000
per violation per affected worker.
``(3) Use of civil penalties.--All penalties collected
under this subsection shall be deposited in the Treasury in
accordance with section 286(w).
``(4) Criminal penalties.--If a willful and knowing
violation of subsection (g) causes extreme physical or
financial harm to an individual, the person in violation of
such subsection may be imprisoned for not more than 6 months,
fined in an amount not more than $35,000, or both.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 218A, as
added by section 403, the following:

``Sec. 218B. Employer obligations.''.

SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended by inserting after section 218B, as added by section
404, the following:

``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

``(a) Establishment.--The Secretary of Homeland Security,
in consultation with the Secretary of Labor, the Secretary of
State, and the Commission of Social Security, shall develop
and implement a program (referred to in this section as the
`alien employment management system') to manage and track the
employment of aliens described in sections 218A and 218D.
``(b) Requirements.--The alien employment management system
shall--
``(1) provide employers who seek employees with an
opportunity to recruit and advertise employment opportunities
available to United States workers before hiring an H-2C
nonimmigrant;
``(2) collect sufficient information from employers to
enable the Secretary of Homeland Security to determine--
``(A) if the nonimmigrant is employed;
``(B) which employers have hired an H-2C nonimmigrant;
``(C) the number of H-2C nonimmigrants that an employer is
authorized to hire and is currently employing;
``(D) the occupation, industry, and length of time that an
H-2C nonimmigrant has been employed in the United States;
``(3) allow employers to request approval of multiple H-2C
nonimmigrant workers; and
``(4) permit employers to submit applications under this
section in an electronic form.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 218B,
as added by section 404, the following:

``Sec. 218C. Alien employment management system.''.

SEC. 406. RULEMAKING; EFFECTIVE DATE.

(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Labor shall
promulgate regulations, in accordance with the notice and
comment provisions of section 553 of title 5, United States
Code, to carry out the provisions of sections 218A, 218B, and
218C, as added by this Act.
(b) Effective Date.--The amendments made by sections 403,
404, and 405 shall take effect on the date that is 1 year
after the date of the enactment of this Act with regard to
aliens, who, on such effective date, are in the foreign
country where they maintain residence.

SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

(a) Electronic Job Registry.--The Secretary of Labor shall
establish a publicly accessible Web page on the Internet
website of the Department of Labor that provides a single
Internet link to each State workforce agency's statewide
electronic registry of jobs available throughout the United
States to United States workers.
(b) Recruitment of United States Workers.--
(1) Posting.--An employer shall attest that the employer
has posted an employment opportunity in accordance with
section 218B(b)(9) of the Immigration and Nationality Act, as
added by this Act.
(2) Records.--An employer shall maintain records for not
less than 1 year after the date on which an H-2C nonimmigrant
is hired that describe the reasons for not hiring any of the
United States workers who may have applied for such position.
(c) Oversight and Maintenance of Records.--The Secretary of
Labor shall promulgate regulations regarding the maintenance
of electronic job registry records for the purpose of audit
or investigation.
(d) Access to Electronic Job Registry.--The Secretary of
Labor shall ensure that job opportunities advertised on an
electronic job registry established under this section are
accessible--
(1) by the State workforce agencies, which may further
disseminate job opportunity information to other interested
parties; and
(2) through the Internet, for access by workers, employers,
labor organizations, and other interested parties.

SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.

(a) Establishment.--There is established a task force to be
known as the ``Temporary Worker Task Force'' (referred to in
this section as the ``Task Force'').
(b) Purposes.--The purposes of the Task Force are--
(1) to study the impact of the admission of aliens under
section 101(a)(15)(ii)(c) on the wages, working conditions,
and employment of United States workers; and
(2) to make recommendations to the Secretary of Labor
regarding the need for an annual numerical limitation on the
number of aliens that may be admitted in any fiscal year
under section 101(a)(15)(ii)(c).
(c) Membership.--
(1) In general.--The Task Force shall be composed of 10
members, of whom--
(A) 1 shall be appointed by the President and shall serve
as chairman of the Task Force;
(B) 1 shall be appointed by the leader of the minority
party in the Senate, in consultation with the leader of the
minority party in the House of Representatives, and shall
serve as vice chairman of the Task Force;
(C) 2 shall be appointed by the majority leader of the
Senate;
(D) 2 shall be appointed by the minority leader of the
Senate;
(E) 2 shall be appointed by the Speaker of the House of
Representatives; and
(F) 2 shall be appointed by the minority leader of the
House of Representatives.
(2) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 6 months after the
date of the enactment of this Act.
(3) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum.--Six members of the Task Force shall constitute
a quorum.
(d) Qualifications.--
(1) In general.--Members of the Task Force shall be--
(A) individuals with expertise in economics, demography,
labor, business, or immigration or other pertinent
qualifications or experience; and
(B) representative of a broad cross-section of perspectives
within the United States, including the public and private
sectors and academia.
(2) Political affiliation.--Not more than 5 members of the
Task Force may be members of the same political party.

[[Page S2642]]

(3) Nongovernmental appointees.--An individual appointed to
the Task Force may not be an officer or employee of the
Federal Government or of any State or local government.
(e) Meetings.--
(1) Initial meeting.--The Task Force shall meet and begin
the operations of the Task Force as soon as practicable.
(2) Subsequent meetings.--After its initial meeting, the
Task Force shall meet upon the call of the chairman or a
majority of its members.
(f) Report.--Not later than 18 months after the date of the
enactment of this Act, the Task Force shall submit, to
Congress, the Secretary of Labor, and the Secretary, a report
that contains--
(1) findings with respect to the duties of the Task Force;
and
(2) recommendations for imposing a numerical limit.
(g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C.
1184(g)(1)) is amended--
(1) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following:
``(C) under section 101(a)(15)(H)(ii)(c) may not exceed--
``(i) 400,000 for the first fiscal year in which the
program is implemented;
``(ii) in any subsequent fiscal year--

``(I) if the total number of visas allocated for that
fiscal year are allotted within the first quarter of that
fiscal year, then an additional 20 percent of the allocated
number shall be made available immediately and the allocated
amount for the following fiscal year shall increase by 20
percent of the original allocated amount in the prior fiscal
year;
``(II) if the total number of visas allocated for that
fiscal year are allotted within the second quarter of that
fiscal year, then an additional 15 percent of the allocated
number shall be made available immediately and the allocated
amount for the following fiscal year shall increase by 15
percent of the original allocated amount in the prior fiscal
year;
``(III) if the total number of visas allocated for that
fiscal year are allotted within the third quarter of that
fiscal year, then an additional 10 percent of the allocated
number shall be made available immediately and the allocated
amount for the following fiscal year shall increase by 10
percent of the original allocated amount in the prior fiscal
year;
``(IV) if the total number of visas allocated for that
fiscal year are allotted within the last quarter of that
fiscal year, then the allocated amount for the following
fiscal year shall increase by 10 percent of the original
allocated amount in the prior fiscal year; and
``(V) with the exception of the first subsequent fiscal
year to the fiscal year in which the program is implemented,
if fewer visas were allotted the previous fiscal year than
the number of visas allocated for that year and the reason
was not due to processing delays or delays in promulgating
regulations, then the allocated amount for the following
fiscal year shall decrease by 10 percent of the allocated
amount in the prior fiscal year.''.

(h) Adjustment to Lawful Permanent Resident Status.--
Section 245 (8 U.S.C. 1255) is amended by adding at the end
the following:
``(n)(1) For purposes of adjustment of status under
subsection (a), employment-based immigrant visas shall be
made available to an alien having nonimmigrant status
described in section 101(a)(15)(H)(ii)(c) upon the filing of
a petition for such a visa--
``(A) by the alien's employer; or
``(B) by the alien, if the alien has maintained such
nonimmigrant status in the United States for a cumulative
total of 4 years.
``(2) An alien having nonimmigrant status described in
section 101(a)(15)(H)(ii)(c) may not apply for adjustment of
status under this section unless the alien--
``(A) is physically present in the United States; and
``(B) the alien establishes that the alien--
``(i) meets the requirements of section 312; or
``(ii) is satisfactorily pursuing a course of study to
achieve such an understanding of English and knowledge and
understanding of the history and government of the United
States.
``(3) An alien who demonstrates that the alien meets the
requirements of section 312 may be considered to have
satisfied the requirements of that section for purposes of
becoming naturalized as a citizen of the United States under
title III.
``(4) Filing a petition under paragraph (1) on behalf of an
alien or otherwise seeking permanent residence in the United
States for such alien shall not constitute evidence of the
alien's ineligibility for nonimmigrant status under section
101(a)(15)(H)(ii)(c).
``(5) The Secretary of Homeland Security shall extend, in
1-year increments, the stay of an alien for whom a labor
certification petition filed under section 203(b) or an
immigrant visa petition filed under section 204(b) is pending
until a final decision is made on the alien's lawful
permanent residence.
``(6) Nothing in this subsection shall be construed to
prevent an alien having nonimmigrant status described in
section 101(a)(15)(H)(ii)(c) from filing an application for
adjustment of status under this section in accordance with
any other provision of law.''.

SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

(a) In General.--The Secretary of State, in cooperation
with the Secretary and the Attorney General, shall negotiate
with each home country of aliens described in section
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act,
as added by section 402, to enter into a bilateral agreement
with the United States that conforms to the requirements
under subsection (b).
(b) Requirements of Bilateral Agreements.--Each agreement
negotiated under subsection (a) shall require the
participating home country to--
(1) accept the return of nationals who are ordered removed
from the United States within 3 days of such removal;
(2) cooperate with the United States Government to--
(A) identify, track, and reduce gang membership, violence,
and human trafficking and smuggling; and
(B) control illegal immigration;
(3) provide the United States Government with--
(A) passport information and criminal records of aliens who
are seeking admission to, or are present in, the United
States; and
(B) admission and entry data to facilitate United States
entry-exit data systems; and
(4) educate nationals of the home country regarding United
States temporary worker programs to ensure that such
nationals are not exploited; and
(5) evaluate means to provide housing incentives in the
alien's home country for returning workers.

SEC. 410. S VISAS.

(a) Expansion of S Visa Classification.--Section
101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i)--
(A) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(B) in subclause (I), by inserting before the semicolon, `,
including a criminal enterprise undertaken by a foreign
government, its agents, representatives, or officials';
(C) in subclause (III), by inserting ``where the
information concerns a criminal enterprise undertaken by an
individual or organization that is not a foreign government,
its agents, representatives, or officials,'' before
``whose''; and
(D) by striking ``or'' at the end; and
(2) in clause (ii)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``1956,'' and all that follows through
``the alien;'' and inserting the following: ``1956; or
``(iii) who the Secretary of Homeland Security and the
Secretary of State, in consultation with the Director of
Central Intelligence, jointly determine--
``(I) is in possession of critical reliable information
concerning the activities of governments or organizations, or
their agents, representatives, or officials, with respect to
weapons of mass destruction and related delivery systems, if
such governments or organizations are at risk of developing,
selling, or transferring such weapons or related delivery
systems; and
``(II) is willing to supply or has supplied, fully and in
good faith, information described in subclause (I) to
appropriate persons within the United States Government;

``and, if the Secretary of Homeland Security (or with respect
to clause (ii), the Secretary of State and the Secretary of
Homeland Security jointly) considers it to be appropriate,
the spouse, married and unmarried sons and daughters, and
parents of an alien described in clause (i), (ii), or (iii)
if accompanying, or following to join, the alien;''.
(b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C.
1184(k)(1)) is amended by striking ``The number of aliens''
and all that follows through the period and inserting the
following: ``The number of aliens who may be provided a visa
as nonimmigrants under section 101(a)(15)(S) in any fiscal
year may not exceed 1,000.''.
(c) Reports.--
(1) Content.--Paragraph (4) of section 214(k) (8 U.S.C.
1184(k)) is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The Attorney General'' and inserting
``The Secretary of Homeland Security''; and
(ii) by striking ``concerning--'' and inserting ``that
includes--'';
(B) in subparagraph (D), by striking ``and'';
(C) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(D) by inserting at the end the following:
``(F) in the event that the total number of such
nonimmigrants admitted is fewer than 25 percent of the total
number provided for under paragraph (1) of this subsection--
``(i) the reasons why the number of such nonimmigrants
admitted is fewer than 25 percent of that provided for by
law;
``(ii) the efforts made by the Secretary of Homeland
Security to admit such nonimmigrants; and
``(iii) any extenuating circumstances that contributed to
the admission of a number of such nonimmigrants that is fewer
than 25 percent of that provided for by law.''.
(2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is
amended by adding at the end the following new paragraph:
``(5) To the extent required by law and if it is in the
interests of national security or the security of such
nonimmigrants that are admitted, as determined by the
Secretary of Homeland Security, the information contained in
a report described in paragraph (4)

[[Page S2643]]

may be classified, and the Secretary of Homeland Security
shall, to the extent feasible, submit a non-classified
version of the report to the Committee on the Judiciary of
the House of Representatives and the Committee on the
Judiciary of the Senate.''.

SEC. 411. L VISA LIMITATIONS.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case'' and
inserting ``Except as provided in subparagraph (H), in the
case''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
a period not to exceed 12 months only if the employer
operating the new facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits to
the Secretary of Homeland Security--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
of section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause (i);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
previous 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the previous 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees if the
beneficiary will be employed in a managerial or executive
capacity;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii) and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a subsequently filed petition
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(H)(i) The Secretary of Homeland Security may not
authorize the spouse of an alien described under section
101(a)(15)(L), who is a dependent of a beneficiary under
subparagraph (G), to engage in employment in the United
States during the initial 9-month period described in
subparagraph (G)(i).
``(ii) A spouse described in clause (i) may be provided
employment authorization upon the approval of an extension
under subparagraph (G)(ii).
``(I) For purposes of determining the eligibility of an
alien for classification under Section 101(a)(15)(L) of this
Act, the Secretary of Homeland Security shall establish a
program to work cooperatively with the Department of State to
verify a company or facility's existence in the United States
and abroad.''.

SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary
such sums as may be necessary to carry out this subtitle and
the amendments made by this subtitle for the first fiscal
year beginning before the date of enactment of this Act and
each of the subsequent fiscal years beginning not more than 7
years after the effective date of the regulations promulgated
by the Secretary to implement this subtitle.

Subtitle B--Immigration Injunction Reform

SEC. 421. SHORT TITLE.

This subtitle may be cited as the ``Fairness in Immigration
Litigation Act of 2006''.

SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

(a) Requirements for an Order Granting Prospective Relief
Against the Government.--
(1) In general.--If a court determines that prospective
relief should be ordered against the Government in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall--
(A) limit the relief to the minimum necessary to correct
the violation of law;
(B) adopt the least intrusive means to correct the
violation of law;
(C) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety, and
(D) provide for the expiration of the relief on a specific
date, which is not later than the earliest date necessary for
the Government to remedy the violation.
(2) Written explanation.--The requirements described in
subsection (1) shall be discussed and explained in writing in
the order granting prospective relief and must be
sufficiently detailed to allow review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief shall automatically expire on
the date that is 90 days after the date on which such relief
is entered, unless the court--
(A) makes the findings required under paragraph (1) for the
entry of permanent prospective relief; and
(B) makes the order final before expiration of such 90-day
period.
(4) Requirements for order denying motion.--This subsection
shall apply to any order denying the Government's motion to
vacate, modify, dissolve or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States.
(b) Procedure for Motion Affecting Order Granting
Prospective Relief Against the Government.--
(1) In general.--A court shall promptly rule on the
Government's motion to vacate, modify, dissolve or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--The Government's motion to vacate, modify,
dissolve, or otherwise terminate an order granting
prospective relief made in any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States shall automatically, and without further order
of the court, stay the order granting prospective relief on
the date that is 15 days after the date on which such motion
is filed unless the court previously has granted or denied
the Government's motion.
(B) Duration of automatic stay.--An automatic stay under
subparagraph (A) shall continue until the court enters an
order granting or denying the Government's motion.
(C) Postponement.--The court, for good cause, may postpone
an automatic stay under subparagraph (A) for not longer than
15 days.
(D) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of the automatic stay described in subparagraph (A), other
than an order to postpone the effective date of the automatic
stay for not longer than 15 days under subparagraph (C),
shall be--
(i) treated as an order refusing to vacate, modify,
dissolve or otherwise terminate an injunction; and
(ii) immediately appealable under section 1292(a)(1) of
title 28, United States Code.
(c) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court may not enter, approve, or continue
a consent decree that does not comply with subsection (a).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private
settlement agreement that does not comply with subsection (a)
if the terms of that agreement are not subject to court
enforcement other than reinstatement of the civil proceedings
that the agreement settled.
(d) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree''--
(A) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(B) does not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(e) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this section.

[[Page S2644]]

SEC. 423. EFFECTIVE DATE.

(a) In General.--This subtitle shall apply with respect to
all orders granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, whether such relief
was ordered before, on, or after the date of the enactment of
this Act.
(b) Pending Motions.--Every motion to vacate, modify,
dissolve or otherwise terminate an order granting prospective
relief in any such action, which motion is pending on the
date of the enactment of this Act, shall be treated as if it
had been filed on such date of enactment.
(c) Automatic Stay for Pending Motions.--
(1) In general.--An automatic stay with respect to the
prospective relief that is the subject of a motion described
in subsection (b) shall take effect without further order of
the court on the date which is 10 days after the date of the
enactment of this Act if the motion--
(A) was pending for 45 days as of the date of the enactment
of this Act; and
(B) is still pending on the date which is 10 days after
such date of enactment.
(2) Duration of automatic stay.--An automatic stay that
takes effect under paragraph (1) shall continue until the
court enters an order granting or denying the Government's
motion under section 422(b). There shall be no further
postponement of the automatic stay with respect to any such
pending motion under section 422(b)(2). Any order, staying,
suspending, delaying or otherwise barring the effective date
of this automatic stay with respect to pending motions
described in subsection (b) shall be an order blocking an
automatic stay subject to immediate appeal under section
422(b)(2)(D).

TITLE V--BACKLOG REDUCTION

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--
``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
minus the number of visas issued under this subsection during
those fiscal years; and
``(B) the number of visas calculated under subparagraph (A)
that were issued after fiscal year 2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--Subject to paragraph (2), the worldwide
level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
and the number of visa numbers issued under this subsection
during those fiscal years; and
``(ii) the number of visas calculated under clause (i) that
were issued after fiscal year 2005.
``(2) Visas for spouses and children.--Immigrant visas
issued on or after October 1, 2004, to spouses and children
of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).''.

SEC. 502. COUNTRY LIMITS.

Section 202(a) (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting ``and
(4)''; and
(B) by striking ``7 percent (in the case of a single
foreign state) or 2 percent'' and inserting ``10 percent (in
the case of a single foreign state) or 5 percent''; and
(2) by striking paragraph (5).

SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family-Sponsored
Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to
read as follows:
``(a) Preference Allocations for Family-Sponsored
Immigrants.--Aliens subject to the worldwide level specified
in section 201(c) for family-sponsored immigrants shall be
allocated visas as follows:
``(1) Unmarried sons and daughters of citizens.--Qualified
immigrants who are the unmarried sons or daughters of
citizens of the United States shall be allocated visas in a
quantity not to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the class specified in
paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--
``(A) In general.--Visas in a quantity not to exceed 50
percent of such worldwide level plus any visas not required
for the class specified in paragraph (1) shall be allocated
to qualified immigrants who are--
``(i) the spouses or children of an alien lawfully admitted
for permanent residence; or
``(ii) the unmarried sons or daughters of an alien lawfully
admitted for permanent residence.
``(B) Minimum percentage.--Visas allocated to individuals
described in subparagraph (A)(i) shall constitute not less
than 77 percent of the visas allocated under this paragraph.
``(3) Married sons and daughters of citizens.--Qualified
immigrants who are the married sons and daughters of citizens
of the United States shall be allocated visas in a quantity
not to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the classes specified in
paragraphs (1) and (2).
``(4) Brothers and sisters of citizens.--Qualified
immigrants who are the brothers or sisters of a citizen of
the United States who is at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level.''.
(b) Preference Allocation for Employment-Based
Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``15 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``15 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``5 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--Visas shall be made available, in a
number not to exceed 30 percent of such worldwide level, plus
any visa numbers not required for the classes specified in
paragraphs (1) through (4), to qualified immigrants who are
capable, at the time of petitioning for classification under
this paragraph, of performing unskilled labor that is not of
a temporary or seasonal nature, for which qualified workers
are determined to be unavailable in the United States.''; and
(8) by striking paragraph (6).
(c) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
(8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to
the numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note)
is repealed.

SEC. 504. RELIEF FOR MINOR CHILDREN.

(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is
amended to read as follows:
``(2)(A)(i) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa under section 203(a) to
their accompanying parent who is an immediate relative.
``(ii) In this subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen of the United
States (and each child of such child, spouse, or parent who
is accompanying or following to join the child, spouse, or
parent), except that, in the case of parents, such citizens
shall be at least 21 years of age.
``(iii) An alien who was the spouse of a citizen of the
United States for not less than 2 years at the time of the
citizen's death and was not legally separated from the
citizen at the time of the citizen's death, and each child of
such alien, shall be considered, for purposes of this
subsection, to remain an immediate relative after the date of
the citizen's death if the spouse files a petition under
section 204(a)(1)(A)(ii) before the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse remarries.
``(iv) In this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) remains an
immediate relative if the United States citizen spouse or
parent loses United States citizenship on account of the
abuse.
``(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154
(a)(1)(A)(ii)) is amended by striking ``in the second
sentence of section 201(b)(2)(A)(i) also'' and inserting ``in
section 201(b)(2)(A)(iii) or an alien child or alien parent
described in the 201(b)(2)(A)(iv)''.

SEC. 505. SHORTAGE OCCUPATIONS.

(a) Exception to Direct Numerical Limitations.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the
end the following new subparagraph:
``(F)(i) During the period beginning on the date of the
enactment the Comprehensive Immigration Reform Act of 2006
and ending on September 30, 2017, an alien--
``(I) who is otherwise described in section 203(b); and
``(II) who is seeking admission to the United States to
perform labor in shortage occupations designated by the
Secretary of Labor for blanket certification under section
212(a)(5)(A) due to the lack of sufficient United States
workers able, willing, qualified, and available for such
occupations and

[[Page S2645]]

for which the employment of aliens will not adversely affect
the terms and conditions of similarly employed United States
workers.
``(ii) During the period described in clause (i), the
spouse or dependents of an alien described in clause (i), if
accompanying or following to join such alien.''.
(b) Exception to Nondiscrimination Requirements.--Section
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)''.
(c) Exception to Per Country Levels for Family-Sponsored
and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C.
1152(a)(2)), as amended by section 502(1), is further amended
by inserting ``, except for aliens described in section
201(b),'' after ``any fiscal year''.
(d) Increasing the Domestic Supply of Nurses and Physical
Therapists.--Not later than January 1, 2007, the Secretary of
Health and Human Services shall--
(1) submit to Congress a report on the source of newly
licensed nurses and physical therapists in each State, which
report shall--
(A) include the past 3 years for which data are available;
(B) provide separate data for each occupation and for each
State;
(C) separately identify those receiving their initial
license and those licensed by endorsement from another State;
(D) within those receiving their initial license in each
year, identify the number who received their professional
education in the United States and those who received such
education outside the United States; and
(E) to the extent possible, identify, by State of residence
and country of education, the number of nurses and physical
therapists who were educated in any of the 5 countries (other
than the United States) from which the most nurses and
physical therapists arrived;
(F) identify the barriers to increasing the supply of
nursing faculty, domestically trained nurses, and
domestically trained physical therapists;
(G) recommend strategies to be followed by Federal and
State governments that would be effective in removing such
barriers, including strategies that address barriers to
advancement to become registered nurses for other health care
workers, such as home health aides and nurses assistants;
(H) recommend amendments to Federal legislation that would
increase the supply of nursing faculty, domestically trained
nurses, and domestically trained physical therapists;
(I) recommend Federal grants, loans, and other incentives
that would provide increases in nurse educators, nurse
training facilities, and other steps to increase the domestic
education of new nurses and physical therapists;
(J) identify the effects of nurse emigration on the health
care systems in their countries of origin; and
(K) recommend amendments to Federal law that would minimize
the effects of health care shortages in the countries of
origin from which immigrant nurses arrived;
(2) enter into a contract with the National Academy of
Sciences Institute of Medicine to determine the level of
Federal investment under titles VII and VIII of the Public
Health Service Act necessary to eliminate the domestic
nursing and physical therapist shortage not later than 7
years from the date on which the report is published; and
(3) collaborate with other agencies, as appropriate, in
working with ministers of health or other appropriate
officials of the 5 countries from which the most nurses and
physical therapists arrived, to--
(A) address health worker shortages caused by emigration;
(B) ensure that there is sufficient human resource planning
or other technical assistance needed to reduce further health
worker shortages in such countries.

SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

(a) Short Title.--This section may be cited as the ``Widows
and Orphans Act of 2006''.
(b) New Special Immigrant Category.--
(1) Certain children and women at risk of harm.--Section
101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L), by inserting a semicolon at the
end;
(B) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(N) subject to subsection (j), an immigrant who is not
present in the United States--
``(i) who is--

``(I) referred to a consular, immigration, or other
designated official by a United States Government agency, an
international organization, or recognized nongovernmental
entity designated by the Secretary of State for purposes of
such referrals; and
``(II) determined by such official to be a minor under 18
years of age (as determined under subsection (j)(5))--

``(aa) for whom no parent or legal guardian is able to
provide adequate care;
``(bb) who faces a credible fear of harm related to his or
her age;
``(cc) who lacks adequate protection from such harm; and
``(dd) for whom it has been determined to be in his or her
best interests to be admitted to the United States; or
``(ii) who is--

``(I) referred to a consular or immigration official by a
United States Government agency, an international
organization or recognized nongovernmental entity designated
by the Secretary of State for purposes of such referrals; and
``(II) determined by such official to be a female who has--

``(aa) a credible fear of harm related to her sex; and
``(bb) a lack of adequate protection from such harm.''.
(2) Statutory construction.--Section 101 (8 U.S.C. 1101) is
amended by adding at the end the following:
``(j)(1) No natural parent or prior adoptive parent of any
alien provided special immigrant status under subsection
(a)(27)(N)(i) shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this Act.
``(2)(A) No alien who qualifies for a special immigrant
visa under subsection (a)(27)(N)(ii) may apply for derivative
status or petition for any spouse who is represented by the
alien as missing, deceased, or the source of harm at the time
of the alien's application and admission. The Secretary of
Homeland Security may waive this requirement for an alien who
demonstrates that the alien's representations regarding the
spouse were bona fide.
``(B) An alien who qualifies for a special immigrant visa
under subsection (a)(27)(N) may apply for derivative status
or petition for any sibling under the age of 18 years or
children under the age of 18 years of any such alien, if
accompanying or following to join the alien. For purposes of
this subparagraph, a determination of age shall be made using
the age of the alien on the date the petition is filed with
the Department of Homeland Security.
``(3) An alien who qualifies for a special immigrant visa
under subsection (a)(27)(N) shall be treated in the same
manner as a refugee solely for purposes of section 412.
``(4) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) shall not be applicable to any alien seeking
admission to the United States under subsection (a)(27)(N),
and the Secretary of Homeland Security may waive any other
provision of such section (other than paragraph 2(C) or
subparagraph (A), (B), (C), or (E) of paragraph (3) with
respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.
Any such waiver by the Secretary of Homeland Security shall
be in writing and shall be granted only on an individual
basis following an investigation. The Secretary of Homeland
Security shall provide for the annual reporting to Congress
of the number of waivers granted under this paragraph in the
previous fiscal year and a summary of the reasons for
granting such waivers.
``(5) For purposes of subsection (a)(27)(N)(i)(II), a
determination of age shall be made using the age of the alien
on the date on which the alien was referred to the consular,
immigration, or other designated official.
``(6) The Secretary of Homeland Security shall waive any
application fee for a special immigrant visa for an alien
described in section 101(a)(27)(N).''.
(3) Expedited process.--Not later than 45 days after the
date of referral to a consular, immigration, or other
designated official (as described in section 101(a)(27)(N) of
the Immigration and Nationality Act, as added by paragraph
(1))--
(A) special immigrant status shall be adjudicated; and
(B) if special immigrant status is granted, the alien shall
be paroled to the United States pursuant to section 212(d)(5)
of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for
adjustment of status to permanent residence under section 245
of that Act (8 U.S.C. 1255) within 1 year after the alien's
arrival in the United States.
(4) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
a report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives on the progress of the implementation of this
section and the amendments made by this section, including--
(A) data related to the implementation of this section and
the amendments made by this section;
(B) data regarding the number of placements of females and
children who faces a credible fear of harm as referred to in
section 101(a)(27)(N) of the Immigration and Nationality Act,
as added by paragraph (1); and
(C) any other information that the Secretary considers
appropriate.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(c) Requirements for Aliens.--
(1) Requirement prior to entry into the untied states.--
(A) Database search.--An alien may not be admitted to the
United States unless the Secretary has ensured that a search
of each database maintained by an agency or department of the
United States has been conducted to determine whether such
alien is ineligible to be admitted to the Untied States on
criminal, security, or related grounds.
(B) Cooperation and schedule.--The Secretary and the head
of each appropriate agency or department of the United States
shall work cooperatively to ensure that each database search
required by subparagraph

[[Page S2646]]

(A) is completed not later than 45 days after the date on
which an alien files a petition seeking a special immigration
visa under section 101(a)(27)(N) of the Immigration and
Nationality Act, as added by subsection (b)(1).
(2) Requirement after entry into the united states.--
(A) Requirement to submit fingerprints.--
(i) In general.--Not later than 30 days after the date that
an alien enters the United States, the alien shall be
fingerprinted and submit to the Secretary such fingerprints
and any other personal biometric data required by the
Secretary.
(ii) Other requirements.--The Secretary may prescribe
regulations that permit fingerprints submitted by an alien
under section 262 of the Immigration and Nationality Act (8
U.S.C. 1302) or any other provision of law to satisfy the
requirement to submit fingerprints of clause (i).
(B) Database search.--The Secretary shall ensure that a
search of each database that contains fingerprints that is
maintained by an agency or department of the United States be
conducted to determine whether such alien is ineligible for
an adjustment of status under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on
criminal, security, or related grounds.
(C) Cooperation and schedule.--The Secretary and the head
of each appropriate agency or department of the United States
shall work cooperatively to ensure that each database search
required by subparagraph (B) is completed not later than 180
days after the date on which the alien enters the United
States.
(D) Administrative and judicial review.--
(i) In general.--There may be no review of a determination
by the Secretary, after a search required by subparagraph
(B), that an alien is ineligible for an adjustment of status,
under any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) on criminal, security, or related
grounds except as provided in this subparagraph.
(ii) Administrative review.--An alien may appeal a
determination described in clause (i) through the
Administrative Appeals Office of the Bureau of Citizenship
and Immigration Services. The Secretary shall ensure that a
determination on such appeal is made not later than 60 days
after the date that the appeal is filed.
(iii) Judicial review.--There may be no judicial review of
a determination described in clause (i).

SEC. 507. STUDENT VISAS.

(a) In General.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking ``he has no intention of abandoning, who
is'' and inserting the following: ``except in the case of an
alien described in clause (iv), the alien has no intention of
abandoning, who is--
``(I)'';
(B) by striking ``consistent with section 214(l)'' and
inserting ``(except for a graduate program described in
clause (iv)) consistent with section 214(m)'';
(C) by striking the comma at the end and inserting the
following: ``; or
``(II) engaged in temporary employment for optional
practical training related to the alien's area of study,
which practical training shall be authorized for a period or
periods of up to 24 months;'';
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)''; and
(B) by striking ``, and'' and inserting a semicolon;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) an alien described in clause (i) who has been
accepted and plans to attend an accredited graduate program
in mathematics, engineering, technology, or the sciences in
the United States for the purpose of obtaining an advanced
degree.''.
(b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V)''
and inserting ``subparagraph (F)(iv), (L), or (V)''.
(c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C.
1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-
Secondary School Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under section
101(a)(15)(F)(iv) shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program;
and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(d) Off Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in
an off-campus position unrelated to the alien's field of
study if--
(A) the alien has enrolled full time at the educational
institution and is maintaining good academic standing;
(B) the employer provides the educational institution and
the Secretary of Labor with an attestation that the
employer--
(i) has spent at least 21 days recruiting United States
citizens to fill the position; and
(ii) will pay the alien and other similarly situated
workers at a rate equal to not less than the greater of--

(I) the actual wage level for the occupation at the place
of employment; or
(II) the prevailing wage level for the occupation in the
area of employment; and

(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between
academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice
and opportunity for a hearing, shall be disqualified from
employing an alien student under paragraph (1).
(e) Adjustment of Status.--Section 245(a) (8 U.S.C.
1255(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--The status of an alien, who was
inspected and admitted or paroled into the United States, or
who has an approved petition for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1), may be adjusted by the Secretary of
Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, to that of an alien lawfully admitted for
permanent residence if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa;
``(C) the alien is admissible to the United States for
permanent residence; and
``(D) an immigrant visa is immediately available to the
alien at the time the application is filed.
``(2) Student visas.--Notwithstanding the requirement under
paragraph (1)(D), an alien may file an application for
adjustment of status under this section if--
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(F)(iv),
or would have qualified for such nonimmigrant status if
section 101(a)(15)(F)(iv) had been enacted before such
alien's graduation;
``(B) the alien has earned an advanced degree in the
sciences, technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition filed
under subparagraph (E) or (F) of section 204(a)(1); and
``(D) a fee of $2,000 is remitted to the Secretary on
behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an
immigrant visa number becomes available.''.
(f) Use of Fees.--
(1) Job training; scholarships.--Section 286(s)(1) (8
U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent
of the fees collected under section 245(a)(2)(D)'' before the
period at the end.
(2) Fraud prevention and detection.--Section 286(v)(1) (8
U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent
of the fees collected under section 245(a)(2)(D)'' before the
period at the end.

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to
Numerical Limitations on Employment Based Immigrants.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by section 505, is amended by adding at the end
the following:
``(G) Aliens who have earned an advanced degree in science,
technology, engineering, or math and have been working in a
related field in the United States under a nonimmigrant visa
during the 3-year period preceding their application for an
immigrant visa under section 203(b).
``(H) Aliens described in subparagraph (A) or (B) of
section 203(b)(1)(A) or who have received a national interest
waiver under section 203(b)(2)(B).
``(I) The spouse and minor children of an alien who is
admitted as an employment-based immigrant under section
203(b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification.--Section 212(a)(5)(A)(ii) (8
U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:

[[Page S2647]]

``(III) has an advanced degree in the sciences, technology,
engineering, or mathematics from an accredited university in
the United States and is employed in a field related to such
degree.''.

(c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g))
is amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each succeeding fiscal
year; or'' and inserting ``each of fiscal years 2004, 2005,
and 2006;''; and
(ii) by adding after clause (vii) the following:
``(viii) 115,000 in the first fiscal year beginning after
the date of the enactment of this clause; and
``(ix) the number calculated under paragraph (9) in each
fiscal year after the year described in clause (viii); or'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(D) has earned an advanced degree in science, technology,
engineering, or math.'';
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical
limitation under paragraph (1)(A)(ix) for the subsequent
fiscal year shall be equal to 120 percent of the numerical
limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to the numerical
limitation of the given fiscal year.''.
(d) Applicability.--The amendment made by subsection (c)(2)
shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
INDIVIDUALS

Subtitle A--Conditional Nonimmigrant Workers

SEC. 601. 218D CONDITIONAL NONIMMIGRANTS.

(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended by adding after section 218C, as added by section 405
of this Act, the following:

``SEC. 218D. CONDITIONAL NONIMMIGRANT WORK AUTHORIZATION AND
STATUS.

``(a) In General.--The Secretary of Homeland Security shall
grant conditional nonimmigrant work authorization and status
to remain in the United States to an alien if the alien--
``(1) submits an application for such a grant; and
``(2) meets the requirements of this section.
``(b) Requirements.--
``(1) Presence; employment.--The alien establishes that the
alien--
``(A) was physically present in the United States before
January 7, 2004; and
``(B) was employed in the United States before January 7,
2004, and has been employed in the United States since that
date.
``(2) Evidence of employment.--
``(A) Conclusive documents.--An alien may conclusively
establish employment status in compliance with paragraph (1)
by submitting to the Secretary of Homeland Security records
demonstrating such employment maintained by--
``(i) the Social Security Administration, Internal Revenue
Service, or by any other Federal, State, or local government
agency;
``(ii) an employer; or
``(iii) a labor union, day labor center, or an organization
that assists workers in matters related to employment.
``(B) Other documents.--An alien who is unable to submit a
document described in clauses (i) through (iii) of
subparagraph (A) may satisfy the requirement in paragraph (1)
by submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
including--
``(i) bank records;
``(ii) business records;
``(iii) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work; or
``(iv) remittance records.
``(3) Intent of congress.--It is the intent of Congress
that the requirement in this subsection be interpreted and
implemented in a manner that recognizes and takes into
account the difficulties encountered by aliens in obtaining
evidence of employment due to the undocumented status of the
alien.
``(4) Burden of proof.--An alien described in paragraph (1)
who is applying for adjustment of status under this section
has the burden of proving by a preponderance of the evidence
that the alien has satisfied the requirements of this
subsection. An alien may meet such burden of proof by
producing sufficient evidence to demonstrate such employment
as a matter of reasonable inference.
``(c) Spouses and Children.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall--
``(1) adjust the status to that of a conditional
nonimmigrant under this section for, or provide a
nonimmigrant visa to, the spouse or child of an alien who is
provided nonimmigrant status under this section; or
``(2) adjust the status to that of a conditional
nonimmigrant under this section for an alien who, before
January 7, 2004, was the spouse or child of an alien who is
provided conditional nonimmigrant status under this section,
or is eligible for such status, if--
``(A) the termination of the qualifying relationship was
connected to domestic violence; and
``(B) the spouse or child has been battered or subjected to
extreme cruelty by the spouse or parent alien who is provided
conditional nonimmigrant status under this section.
``(d) Other Criteria.--
``(1) In general.--An alien may be granted conditional
nonimmigrant status under this section or granted status as
the spouse or child of an alien eligible for such status
under subsection (c), if the alien establishes that the
alien--
``(A) is not inadmissible to the United States under
section 212(a), except as provided in paragraph (2); and
``(B) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion.
``(2) Grounds of inadmissibility.--In determining an
alien's admissibility under paragraph (1)(A)--
``(A) paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F),
(6)(G), (7), (9), and (10)(B) of section 212(a) shall not
apply;
``(B) the Secretary of Homeland Security may not waive--
``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of
section 212(a)(2) (relating to criminals);
``(ii) section 212(a)(3) (relating to security and related
grounds); or
``(iii) subparagraph (A) or (C) of section 212(a)(10)
(relating to polygamists and child abductors);
``(C) for conduct that occurred before January 7, 2004, the
Secretary of Homeland Security may waive the application of
any provision of section 212(a) not listed in subparagraph
(B) on behalf of an individual alien for humanitarian
purposes, to ensure family unity, or when such waiver is
otherwise in the public interest; and
``(D) nothing in this paragraph shall be construed as
affecting the authority of the Secretary of Homeland Security
other than under this paragraph to waive the provisions of
section 212(a).
``(3) Applicability of other provisions.--Sections 240B(d)
and 241(a)(5) shall not apply to an alien who is applying for
adjustment of status in accordance with this title for
conduct that occurred before the date of enactment of the
Comprehensive Immigration Reform Act of 2006.
``(4) Special rules for minors and individuals who entered
as minors.--The employment requirements under this section
shall not apply to any alien under 21 years of age.
``(5) Education permitted.--An alien may satisfy the
employment requirements under this section, in whole or in
part, by full-time attendance at--
``(A) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); or
``(B) a secondary school (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)).
``(e) Security and Law Enforcement Background Checks.--
``(1) Submission of fingerprints.--An alien may not be
granted conditional nonimmigrant status under this section,
or granted status as the spouse or child of an alien eligible
for such status under subsection (c), unless the alien
submits fingerprints in accordance with procedures
established by the Secretary of Homeland Security.
``(2) Background checks.--The Secretary of Homeland
Security shall utilize fingerprints and other data provided
by the alien to conduct a background check of such alien
relating to criminal, national security, or other law
enforcement actions that would render the alien ineligible
for a grant of conditional nonimmigrant status as described
in this section.
``(3) Expeditious processing.--The background checks
required under paragraph (2) shall be conducted as
expeditiously as possible.
``(f) Period of Authorized Stay and Application Fee and
Fine.--
``(1) Period of authorized stay.--
``(A) In general.--The period of authorized stay for a
conditional nonimmigrant described in this section shall be 6
years.
``(B) Limitation.--The Secretary of Homeland Security may
not authorize a change from such conditional nonimmigrant
classification to any other immigrant or nonimmigrant
classification until the termination of the 6-year period
described in subparagraph (A). The Secretary may only extend
such period to accommodate the processing of an application
for adjustment of status under section 245B.
``(2) Application fee.--The Secretary of Homeland Security
shall impose a fee for filing an application for a grant of
status under this section. Such fee shall be sufficient to
cover the administrative and other expenses incurred in
connection with the review of such applications.
``(3) Fines.--
``(A) In general.--In addition to the fee required under
paragraph (2), the Secretary of

[[Page S2648]]

Homeland Security may accept an application for a grant of
status under this section only if the alien pays a $1,000
fine.
``(B) Exception.--Fines paid under this paragraph shall not
be required from an alien under the age of 21.
``(4) Collection of fees and fines.--All fees and fines
collected under this section shall be deposited in the
Treasury in accordance with section 286(w).
``(g) Treatment of Applicants.--
``(1) In general.--An alien who files an application under
this section, including the alien's spouse or child--
``(A) shall be granted employment authorization pending
final adjudication of the alien's application for a grant of
status;
``(B) shall be granted permission to travel abroad;
``(C) may not be detained, determined inadmissible or
deportable, or removed pending final adjudication of the
alien's application for a grant of status, unless the alien,
through conduct or criminal conviction, becomes ineligible
for such grant of status; and
``(D) may not be considered an unauthorized alien (as
defined in section 274A) until employment authorization under
subparagraph (A) is denied.
``(2) Before application period.--If an alien is
apprehended after the date of the enactment of this section,
but before the promulgation of regulations pursuant to this
section, and the alien can establish prima facie eligibility
as a conditional nonimmigrant under this section, the
Secretary of Homeland Security shall provide the alien with a
reasonable opportunity, after promulgation of regulations, to
file an application for a grant of status.
``(3) During certain proceedings.--Notwithstanding any
provision of this Act, an alien who is in removal proceedings
shall have an opportunity to apply for a grant of status
under this title unless a final administrative determination
has been made.
``(4) Relationships of application to certain orders.--An
alien who is present in the United States and has been
ordered excluded, deported, removed, or ordered to depart
voluntarily from the United States under any provision of
this Act may, notwithstanding such order, apply for a grant
of status in accordance with this section. Such an alien
shall not be required to file a separate motion to reopen,
reconsider, or vacate the exclusion, deportation, removal, or
voluntary departure order. If the Secretary of Homeland
Security grants the application, the Secretary shall cancel
such order. If the Secretary of Homeland Security renders a
final administrative decision to deny the application, such
order shall be effective and enforceable to the same extent
as if the application had not been made.
``(h) Administrative and Judicial Review.--
``(1) Administrative review.--
``(A) Single level of administrative appellate review.--The
Secretary of Homeland Security shall establish an appellate
authority within the United States Citizenship and
Immigration Services to provide for a single level of
administrative appellate review of a determination respecting
an application for a grant of status under this section.
``(B) Standard for review.--Administrative appellate review
referred to in subparagraph (A) shall be based solely upon
the administrative record established at the time of the
determination on the application and upon the presentation of
additional or newly discovered evidence during the time of
the pending appeal.
``(2) Judicial review.--
``(A) In general.--There shall be judicial review in the
Federal courts of appeal of the denial of an application for
a grant of status under this section. Notwithstanding any
other provision of law, the standard for review of such a
denial shall be governed by subparagraph (B).
``(B) Standard for judicial review.--Judicial review of a
denial of an application under this section shall be based
solely upon the administrative record established at the time
of the review. The findings of fact and other determinations
contained in the record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record, considered as a whole.
``(C) Jurisdiction of courts.--
``(i) In general.--Notwithstanding any other provision of
law, the district courts of the United States shall have
jurisdiction over any cause or claim arising from a pattern
or practice of the Secretary of Homeland Security in the
operation or implementation of this section that is
arbitrary, capricious, or otherwise contrary to law, and may
order any appropriate relief.
``(ii) Remedies.--A district court may order any
appropriate relief under clause (i) if the court determines
that resolution of such cause or claim will serve judicial
and administrative efficiency or that a remedy would
otherwise not be reasonably available or practicable.
``(3) Stay of removal.--Aliens seeking administrative or
judicial review under this subsection shall not be removed
from the United States until a final decision is rendered
establishing ineligibility under this section.
``(i) Confidentiality of Information.--
``(1) In general.--Except as otherwise provided in this
subsection, no Federal agency or bureau, nor any officer,
employee, or agent of such agency or bureau, may--
``(A) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application;
``(B) make any publication through which the information
furnished by any particular applicant can be identified; or
``(C) permit anyone other than the sworn officers and
employees of such agency or bureau to examine individual
applications.
``(2) Required disclosures.--The Secretary of Homeland
Security shall provide the information furnished pursuant to
an application filed under this section, and any other
information derived from such furnished information, to a
duly recognized law enforcement entity in connection with a
criminal investigation or prosecution or a national security
investigation or prosecution, in each instance about an
individual suspect or group of suspects, when such
information is requested in writing by such entity.
``(3) Criminal penalty.--Any person who knowingly uses,
publishes, or permits information to be examined in violation
of this subsection shall be fined not more than $10,000.
``(j) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--
``(A) Violation.--It shall be unlawful for any person--
``(i) to file or assist in filing an application for a
grant of status under this section and knowingly and
willfully falsify, misrepresent, conceal, or cover up a
material fact or make any false, fictitious, or fraudulent
statements or representations, or make or use any false
writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry; or
``(ii) to create or supply a false writing or document for
use in making such an application.
``(B) Penalty.--Any person who violates subparagraph (A)
shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States on the ground described in
section 212(a)(6)(C)(i).
``(3) Exception.--Notwithstanding paragraphs (1) and (2),
any alien or other entity (including an employer or union)
that submits an employment record that contains incorrect
data that the alien used in order to obtain such employment
before, shall not, on that ground, be determined to have
violated this section.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 218C
the following:

``Sec. 218D. Conditional nonimmigrant work authorization and status.''.

SEC. 602. ADJUSTMENT OF STATUS FOR SECTION 218D CONDITIONAL
NONIMMIGRANTS.

(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245A the
following:

``SEC. 245B. ADJUSTMENT OF STATUS OF SECTION 218D CONDITIONAL
NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR
LAWFUL PERMANENT RESIDENCE.

``(a) Requirements.--The Secretary of Homeland Security
shall adjust the status of an alien from conditional
nonimmigrant status under section 218D to that of an alien
lawfully admitted for permanent residence under this section
if the alien satisfies the following requirements:
``(1) Completion of employment or education requirement.--
The alien establishes that the alien has been employed in the
United States, either full time, part time, seasonally, or
self-employed, or has met the education requirements of
section 218D(d)(5) during the period required by section
218D(b)(1)(B).
``(2) Application and fee.--The alien who applies for
adjustment of status under this section pays the following
fees:
``(A) Application fee.--An alien who files an application
under this section shall pay an application fee, set by the
Secretary.
``(B) Additional fee.--Before the adjudication of an
application for adjustment of status filed under this
section, an alien who is at least 21 years of age shall pay a
fee of $1,000.
``(3) Admissible under immigration laws.--The alien
establishes that the alien is not inadmissible under section
212(a), except for any provision of that section that is not
applicable or waived under section 218D(d)(2).
``(4) Medical examination.--The alien undergoes, at the
alien's expense, an appropriate medical examination
(including a determination of immunization status) that
conforms to generally accepted professional standards of
medical practice.
``(5) Payment of income taxes.--
``(A) In general.--Not later than the date on which status
is adjusted under this section, the alien establishes the
payment of all Federal income taxes owed for employment
during the period of employment required by section
218D(b)(1)(B) by establishing that--
``(i) no such tax liability exists;
``(ii) all outstanding liabilities have been met; or
``(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.

[[Page S2649]]

``(B) IRS cooperation.--The Commissioner of Internal
Revenue shall provide documentation to an alien upon request
to establish the payment of all income taxes required by this
paragraph.
``(6) Basic citizenship skills.--
``(A) In general.--Except as provided in subparagraph (B),
the alien establishes that the alien--
``(i) meets the requirements of section 312; or
``(ii) is satisfactorily pursuing a course of study to
achieve such an understanding of English and knowledge and
understanding of the history and government of the United
States.
``(B) Relation to naturalization examination.--An alien who
demonstrates that the alien meets the requirements of section
312 may be considered to have satisfied the requirements of
that section for purposes of becoming naturalized as a
citizen of the United States under title III.
``(7) Security and law enforcement background checks.--The
Secretary shall conduct a security and law enforcement
background check in accordance with procedures described in
section 218D(e) with respect to each alien requesting
adjusting of status under this section.
``(8) Military selective service.--The alien shall
establish that if the alien is within the age period required
under the Military Selective Service Act (50 U.S.C. App. 451
et seq.), that such alien has registered under that Act.
``(b) Treatment of Spouses and Children.--
``(1) Adjustment of status.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall--
``(A) adjust the status to that of a lawful permanent
resident under this section, or provide an immigrant visa to
the spouse or child of an alien who adjusts status to that of
a permanent resident under this section; or
``(B) adjust the status to that of a lawful permanent
resident under this section for an alien who was the spouse
or child of an alien who adjusts status or is eligible to
adjust status to that of a permanent resident under section
245B in accordance with subsection (a), if--
``(i) the termination of the qualifying relationship was
connected to domestic violence; and
``(ii) the spouse or child has been battered or subjected
to extreme cruelty by the spouse or parent who adjusts status
to that of a permanent resident under this section.
``(2) Application of other law.--In acting on applications
filed under this subsection with respect to aliens who have
been battered or subjected to extreme cruelty, the Secretary
of Homeland Security shall apply the provisions of section
204(a)(1)(J) and the protections, prohibitions, and penalties
under section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
``(c) Rulemaking.--The Secretary shall establish
regulations for the timely filing and processing of
applications for adjustment of status for conditional
nonimmigrants under section 218D.
``(d) Judicial Review; Confidentiality; Penalties.--
Subsections (h), (i), and (j) of section 218D shall apply to
this section.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 245A
the following:

``Sec. 245B. Adjustment of status of section 218D conditional
nonimmigrant to that of person admitted for lawful
permanent residence.''.

SEC. 603. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (A) or
(B) of''; and
(2) by adding at the end the following:
``(F) Aliens whose status is adjusted from the status
described in section 218D.''.

SEC. 604. EMPLOYER PROTECTIONS.

(a) Immigration Status of Alien.--Employers of aliens
applying for adjustment of status under section 245B of the
Immigration and Nationality Act, as added by this title, or a
grant of status under section 218D of such Act, as added by
this title, shall not be subject to civil and criminal tax
liability relating directly to the employment of such alien
prior to such alien receiving employment authorization under
this title.
(b) Provision of Employment Records.--Employers that
provide unauthorized aliens with copies of employment records
or other evidence of employment pursuant to an application
for adjustment of status under section 245B of the
Immigration and Nationality Act or a grant of status under
218D of such Act or any other application or petition
pursuant to any other immigration law, shall not be subject
to civil and criminal liability under section 274A of such
Act for employing such unauthorized aliens.
(c) Applicability of Other Law.--Nothing in this section
may be used to shield an employer from liability under
section 274B of the Immigration and Nationality Act (8 U.S.C.
1324b) or any other labor or employment law.

SEC. 605. LIMITATION ON ADJUSTMENT OF STATUS FOR ALIENS
GRANTED CONDITIONAL NONIMMIGRANT WORK
AUTHORIZATION.

(a) Requirement to Process Pending Applications for
Permanent Residence.--The Secretary may not adjust the status
of an alien granted conditional nonimmigrant work
authorization under section 218D of the Immigration and
Nationality Act, as added by this title, to that of lawful
permanent resident under section 245B of such Act, as added
by this title, until the Secretary determines that the
priority dates have become current for the class of aliens
whose family-based or employment-based petitions for
permanent residence were pending on the date of the enactment
of this Act.
(b) Requirement to Eliminate Visa Backlog.--If the backlog
of applications for family-based and employment-based
immigrant visas is not eliminated within 6 years following
the date of the enactment of this Act, as predicted under the
formulas set out in title V and the amendments made by such
title, the Secretary shall hold in abeyance an application
submitted by an alien granted conditional nonimmigrant work
authorization under section 218D of the Immigration and
Nationality Act, for adjustment of status to that of a lawful
permanent resident under section 245B of such Act, until the
priority dates for the petitions and applications for family-
based and employment-based visas pending on the date of the
enactment of this Act become current.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
the Secretary such sums as may be necessary to carry out this
subtitle and the amendments made by this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of Congress that
funds authorized to be appropriated under subsection (a)
should be directly appropriated so as to facilitate the
orderly and timely commencement of the processing of
applications filed under sections 218D and 245B of the
Immigration and Nationality Act, as added by this Act.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

SEC. 611. SHORT TITLE.

This subtitle may be cited as the ``Agricultural Job
Opportunities, Benefits, and Security Act of 2006'' or the
``AgJOBS Act of 2006''.

SEC. 612. DEFINITIONS.

In this subtitle:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into
the United States for temporary residence under section
613(a).
(3) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
(4) Job opportunity.--The term ``job opportunity'' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
(5) Temporary.--A worker is employed on a ``temporary''
basis where the employment is intended not to exceed 10
months.
(6) United states worker.--The term ``United States
worker'' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 1 or more hours in agriculture
consistent with the definition of ``man-day'' under section
3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(u)).

CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS

SEC. 613. AGRICULTURAL WORKERS.

(a) Blue Card Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer blue card status upon an
alien who qualifies under this subsection if the Secretary
determines that the alien--
(A) has performed agricultural employment in the United
States for at least 863 hours or 150 work days, whichever is
less, during the 24-month period ending on December 31, 2005;
(B) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under subsection (e)(2).
(2) Authorized travel.--An alien in blue card status has
the right to travel abroad (including commutation from a
residence

[[Page S2650]]

abroad) in the same manner as an alien lawfully admitted for
permanent residence.
(3) Authorized employment.--An alien in blue card status
shall be provided an ``employment authorized'' endorsement or
other appropriate work permit, in the same manner as an alien
lawfully admitted for permanent residence.
(4) Termination of blue card status.--
(A) In general.--The Secretary may terminate blue card
status granted under this subsection only upon a
determination under this subtitle that the alien is
deportable.
(B) Grounds for termination of blue card status.--Before
any alien becomes eligible for adjustment of status under
subsection (c), the Secretary may deny adjustment to
permanent resident status and provide for termination of the
blue card status granted such alien under paragraph (1) if--
(i) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was the
result of fraud or willful misrepresentation (as described in
section 212(a)(6)(C)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--

(I) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided under
subsection (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(III) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500.

(5) Record of employment.--
(A) In general.--Each employer of a worker granted status
under this subsection shall annually--
(i) provide a written record of employment to the alien;
and
(ii) provide a copy of such record to the Secretary.
(B) Sunset.--The obligation under subparagraph (A) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(6) Required features of blue card.--The Secretary shall
provide each alien granted blue card status and the spouse
and children of each such alien residing in the United States
with a card that contains--
(A) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(B) biometric identifiers, including fingerprints and a
digital photograph; and
(C) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(7) Fine.--An alien granted blue card status shall pay a
fine to the Secretary in an amount equal to $100.
(8) Maximum number.--The Secretary may issue not more than
1,500,000 blue cards during the 5-year period beginning on
the date of the enactment of this Act.
(b) Rights of Aliens Granted Blue Card Status.--
(1) In general.--Except as otherwise provided under this
subsection, an alien in blue card status shall be considered
to be an alien lawfully admitted for permanent residence for
purposes of any law other than any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Delayed eligibility for certain federal public
benefits.--An alien in blue card status shall not be
eligible, by reason of such status, for any form of
assistance or benefit described in section 403(a) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date
on which the Secretary confers blue card status upon that
alien.
(3) Terms of employment respecting aliens admitted under
this section.--
(A) Prohibition.--No alien granted blue card status may be
terminated from employment by any employer during the period
of blue card status except for just cause.
(B) Treatment of complaints.--
(i) Establishment of process.--The Secretary shall
establish a process for the receipt, initial review, and
disposition of complaints by aliens granted blue card status
who allege that they have been terminated without just cause.
No proceeding shall be conducted under this subparagraph with
respect to a termination unless the Secretary determines that
the complaint was filed not later than 6 months after the
date of the termination.
(ii) Initiation of arbitration.--If the Secretary finds
that a complaint has been filed in accordance with clause (i)
and there is reasonable cause to believe that the complainant
was terminated without just cause, the Secretary shall
initiate binding arbitration proceedings by requesting the
Federal Mediation and Conciliation Service to appoint a
mutually agreeable arbitrator from the roster of arbitrators
maintained by such Service for the geographical area in which
the employer is located. The procedures and rules of such
Service shall be applicable to the selection of such
arbitrator and to such arbitration proceedings. The Secretary
shall pay the fee and expenses of the arbitrator, subject to
the availability of appropriations for such purpose.
(iii) Arbitration proceedings.--The arbitrator shall
conduct the proceeding in accordance with the policies and
procedures promulgated by the American Arbitration
Association applicable to private arbitration of employment
disputes. The arbitrator shall make findings respecting
whether the termination was for just cause. The arbitrator
may not find that the termination was for just cause unless
the employer so demonstrates by a preponderance of the
evidence. If the arbitrator finds that the termination was
not for just cause, the arbitrator shall make a specific
finding of the number of days or hours of work lost by the
employee as a result of the termination. The arbitrator shall
have no authority to order any other remedy, including, but
not limited to, reinstatement, back pay, or front pay to the
affected employee. Within 30 days from the conclusion of the
arbitration proceeding, the arbitrator shall transmit the
findings in the form of a written opinion to the parties to
the arbitration and the Secretary. Such findings shall be
final and conclusive, and no official or court of the United
States shall have the power or jurisdiction to review any
such findings.
(iv) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated an alien granted blue card status without just
cause, the Secretary shall credit the alien for the number of
days or hours of work lost for purposes of the requirement of
subsection (c)(1).
(v) Treatment of attorney's fees.--The parties shall bear
the cost of their own attorney's fees involved in the
litigation of the complaint.
(vi) Nonexclusive remedy.--The complaint process provided
for in this subparagraph is in addition to any other rights
an employee may have in accordance with applicable law.
(vii) Effect on other actions or proceedings.--Any finding
of fact or law, judgment, conclusion, or final order made by
an arbitrator in the proceeding before the Secretary shall
not be conclusive or binding in any separate or subsequent
action or proceeding between the employee and the employee's
current or prior employer brought before an arbitrator,
administrative agency, court, or judge of any State or the
United States, regardless of whether the prior action was
between the same or related parties or involved the same
facts, except that the arbitrator's specific finding of the
number of days or hours of work lost by the employee as a
result of the employment termination may be referred to the
Secretary pursuant to clause (iv).
(C) Civil penalties.--
(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted blue card status has failed to provide the record of
employment required under subsection (a)(5) or has provided a
false statement of material fact in such a record, the
employer shall be subject to a civil money penalty in an
amount not to exceed $1,000 per violation.
(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this section.
(c) Adjustment to Permanent Residence.--
(1) Agricultural workers.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall adjust the status of an alien granted
blue card status to that of an alien lawfully admitted for
permanent residence if the Secretary determines that the
following requirements are satisfied:
(i) Qualifying employment.--The alien has performed at
least--

(I) 5 years of agricultural employment in the United
States, for at least 100 work days or 575 hours, but in no
case less than 575 hours per year, during the 5-year period
beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United
States, for at least 150 work days or 863 hours, but in no
case less than 863 hours per year, during the 5-year period
beginning on the date of the enactment of this Act.

(ii) Proof.--An alien may demonstrate compliance with the
requirement under clause (i) by submitting--

(I) the record of employment described in subsection
(a)(5); or
(II) such documentation as may be submitted under
subsection (d)(3).

(iii) Extraordinary circumstances.--In determining whether
an alien has met the requirement under clause (i)(I), the
Secretary may credit the alien with not more than 12
additional months to meet the requirement under clause (i) if
the alien was unable to work in agricultural employment due
to--

(I) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(II) illness, disease, or other special needs of a minor
child, if the alien can establish such illness, disease, or
special needs through medical records; or
(III) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time.

(iv) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(v) Fine.--The alien pays a fine to the Secretary in an
amount equal to $400.
(B) Grounds for denial of adjustment of status.--The
Secretary may deny an alien adjustment to permanent resident
status, and provide for termination of the blue card status
granted such alien, if--

[[Page S2651]]

(i) the Secretary finds by a preponderance of the evidence
that the adjustment to blue card status was the result of
fraud or willful misrepresentation, as described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--

(I) commits an act that makes the alien inadmissible to the
United States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182), except as provided under
subsection (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(III) is convicted of a single misdemeanor for which the
actual sentence served is 6 months or longer.

(C) Grounds for removal.--Any alien granted blue card
status who does not apply for adjustment of status under this
subsection before the expiration of the application period
described in subparagraph (A)(iv), or who fails to meet the
other requirements of subparagraph (A) by the end of the
applicable period, is deportable and may be removed under
section 240 of the Immigration and Nationality Act (8 U.S.C.
1229a).
(D) Payment of income taxes.--
(i) In general.--Not later than the date on which an
alien's status is adjusted under this subsection, the alien
shall establish the payment of all Federal income taxes owed
for employment during the period of employment required under
paragraph (1)(A) by establishing that--

(I) no such tax liability exists;
(II) all outstanding liabilities have been met; or
(III) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.

(ii) IRS cooperation.--The Commissioner of Internal Revenue
shall provide documentation to an alien upon request to
establish the payment of all income taxes required under this
paragraph.
(2) Spouses and minor children.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful
permanent resident on the spouse and minor child of an alien
granted status under paragraph (1), including any individual
who was a minor child on the date such alien was granted blue
card status, if the spouse or minor child applies for such
status, or if the principal alien includes the spouse or
minor child in an application for adjustment of status to
that of a lawful permanent resident.
(B) Treatment of spouses and minor children before
adjustment of status.--
(i) Removal.--The spouse and any minor child of an alien
granted blue card status may not be removed while such alien
maintains such status, except as provided in subparagraph
(C).
(ii) Travel.--The spouse and any minor child of an alien
granted blue card status may travel outside the United States
in the same manner as an alien lawfully admitted for
permanent residence.
(iii) Employment.--The spouse of an alien granted blue card
status may apply to the Secretary for a work permit to
authorize such spouse to engage in any lawful employment in
the United States while such alien maintains blue card
status.
(C) Grounds for denial of adjustment of status and
removal.--The Secretary may deny an alien spouse or child
adjustment of status under subparagraph (A) and may remove
such spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child
inadmissible to the United States under section 212 of such
Act (8 U.S.C. 1182), except as provided under subsection
(e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(iii) is convicted of a single misdemeanor for which the
actual sentence served is 6 months or longer.
(d) Applications.--
(1) To whom may be made.--The Secretary shall provide
that--
(A) applications for blue card status may be filed--
(i) with the Secretary, but only if the applicant is
represented by an attorney or a non-profit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under section
292.2 of title 8, Code of Federal Regulations; or
(ii) with a qualified designated entity (designated under
paragraph (2)), but only if the applicant consents to the
forwarding of the application to the Secretary; and
(B) applications for adjustment of status under subsection
(c) shall be filed directly with the Secretary.
(2) Designation of entities to receive applications.--
(A) In general.--For purposes of receiving applications
under subsection (a), the Secretary--
(i) shall designate qualified farm labor organizations and
associations of employers; and
(ii) may designate such other persons as the Secretary
determines are qualified and have substantial experience,
demonstrate competence, and have traditional long-term
involvement in the preparation and submission of applications
for adjustment of status under section 209, 210, or 245 of
the Immigration and Nationality Act, Public Law 89-732,
Public Law 95-145, or the Immigration Reform and Control Act
of 1986.
(B) References.--Organizations, associations, and persons
designated under subparagraph (A) are referred to in this
subtitle as ``qualified designated entities''.
(3) Proof of eligibility.--
(A) In general.--An alien may establish that the alien
meets the requirement of subsection (a)(1)(A) or (c)(1)(A)
through government employment records or records supplied by
employers or collective bargaining organizations, and other
reliable documentation as the alien may provide. The
Secretary shall establish special procedures to properly
credit work in cases in which an alien was employed under an
assumed name.
(B) Documentation of work history.--
(i) Burden of proof.--An alien applying for status under
subsection (a)(1) or (c)(1) has the burden of proving by a
preponderance of the evidence that the alien has worked the
requisite number of hours or days (as required under
subsection (a)(1)(A) or (c)(1)(A)).
(ii) Timely production of records.--If an employer or farm
labor contractor employing such an alien has kept proper and
adequate records respecting such employment, the alien's
burden of proof under clause (i) may be met by securing
timely production of those records under regulations to be
promulgated by the Secretary.
(iii) Sufficient evidence.--An alien can meet the burden of
proof under clause (i) to establish that the alien has
performed the work described in subsection (a)(1)(A) or
(c)(1)(A) by producing sufficient evidence to show the extent
of that employment as a matter of just and reasonable
inference.
(4) Treatment of applications by qualified designated
entities.--Each qualified designated entity shall agree to
forward to the Secretary applications filed with it in
accordance with paragraph (1)(A)(i)(II) but shall not forward
to the Secretary applications filed with it unless the
applicant has consented to such forwarding. No such entity
may make a determination required by this section to be made
by the Secretary. Upon the request of the alien, a qualified
designated entity shall assist the alien in obtaining
documentation of the work history of the alien.
(5) Limitation on access to information.--Files and records
prepared for purposes of this subsection by qualified
designated entities operating under this subsection are
confidential and the Secretary shall not have access to such
files or records relating to an alien without the consent of
the alien, except as allowed by a court order issued pursuant
to paragraph (6).
(6) Confidentiality of information.--
(A) In general.--Except as otherwise provided in this
subsection, neither the Secretary, nor any other official or
employee of the Department, or a bureau or agency of the
Department, may--
(i) use the information furnished by the applicant pursuant
to an application filed under this section, the information
provided to the applicant by a person designated under
paragraph (2)(A), or any information provided by an employer
or former employer, for any purpose other than to make a
determination on the application, or for enforcement of
paragraph (7);
(ii) make any publication whereby the information furnished
by any particular individual can be identified; or
(iii) permit anyone other than the sworn officers and
employees of the Department, or a bureau or agency of the
Department, or, with respect to applications filed with a
qualified designated entity, that qualified designated
entity, to examine individual applications.
(B) Required disclosures.--The Secretary shall provide the
information furnished under this section, or any other
information derived from such furnished information, to--
(i) a duly recognized law enforcement entity in connection
with a criminal investigation or prosecution, if such
information is requested in writing by such entity; or
(ii) an official coroner, for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(C) Construction.--
(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Department
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(ii) Criminal convictions.--Information concerning whether
the applicant has at any time been convicted of a crime may
be used or released for immigration enforcement or law
enforcement purposes.
(D) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
paragraph shall be subject to a fine in an amount not to
exceed $10,000.
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Any person who--
(i) files an application for status under subsection (a) or
(c) and knowingly and willfully falsifies, conceals, or
covers up a material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes

[[Page S2652]]

or uses any false writing or document knowing the same to
contain any false, fictitious, or fraudulent statement or
entry; or
(ii) creates or supplies a false writing or document for
use in making such an application,

shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
(B) Inadmissibility.--An alien who is convicted of a crime
under subparagraph (A) shall be considered to be inadmissible
to the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(8) Eligibility for legal services.--Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for adjustment of status under this section.
(9) Application fees.--
(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(i) shall be charged for the filing of applications for
status under subsections (a) and (c); and
(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such
applicants.
(B) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under subparagraph (A)(ii) for services provided to
applicants.
(C) Disposition of fees.--
(i) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the ``Agricultural Worker Immigration Status Adjustment
Account''. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under subparagraph (A)(i).
(ii) Use of fees for application processing.--Amounts
deposited in the ``Agricultural Worker Immigration Status
Adjustment Account'' shall remain available to the Secretary
until expended for processing applications for status under
subsections (a) and (c).
(e) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(1) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to
the adjustment of aliens to lawful permanent resident status
under this section.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
subsection (a)(1)(C) or an alien's eligibility for adjustment
of status under subsection (c)(1)(B)(ii)(I), the following
rules shall apply:
(A) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(B) Waiver of other grounds.--
(i) In general.--Except as provided in clause (ii), the
Secretary may waive any other provision of such section
212(a) in the case of individual aliens for humanitarian
purposes, to ensure family unity, or if otherwise in the
public interest.
(ii) Grounds that may not be waived.--Paragraphs (2)(A),
(2)(B), (2)(C), (3), and (4) of such section 212(a) may not
be waived by the Secretary under clause (i).
(iii) Construction.--Nothing in this subparagraph shall be
construed as affecting the authority of the Secretary other
than under this subparagraph to waive provisions of such
section 212(a).
(C) Special rule for determination of public charge.--An
alien is not ineligible for status under this section by
reason of a ground of inadmissibility under section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
if the alien demonstrates a history of employment in the
United States evidencing self-support without reliance on
public cash assistance.
(f) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in
the case of an alien who is apprehended before the beginning
of the application period described in subsection (a)(1)(B)
and who can establish a nonfrivolous case of eligibility for
blue card status (but for the fact that the alien may not
apply for such status until the beginning of such period),
until the alien has had the opportunity during the first 30
days of the application period to complete the filing of an
application for blue card status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit for
such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application
period described in subsection (a)(1)(B), including an alien
who files such an application within 30 days of the alien's
apprehension, and until a final determination on the
application has been made in accordance with this section,
the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit for
such purpose.
(g) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for status under subsection (a) or (c) except in accordance
with this subsection.
(2) Administrative review.--
(A) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide
for a single level of administrative appellate review of such
a determination.
(B) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the
application and upon such additional or newly discovered
evidence as may not have been available at the time of the
determination.
(3) Judicial review.--
(A) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(B) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations
contained in such record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record considered as a whole.
(h) Dissemination of Information on Adjustment Program.--
Beginning not later than the first day of the application
period described in subsection (a)(1)(B), the Secretary, in
cooperation with qualified designated entities, shall broadly
disseminate information respecting the benefits that aliens
may receive under this section and the requirements to be
satisfied to obtain such benefits.
(i) Regulations.--The Secretary shall issue regulations to
implement this section not later than the first day of the
seventh month that begins after the date of enactment of this
Act.
(j) Effective Date.--This section shall take effect on the
date that regulations are issued implementing this section on
an interim or other basis.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$40,000,000 for each of fiscal years 2007 through 2010.

SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(d)(1) of the Social Security
Act (42 U.S.C. 408(d)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2006,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

CHAPTER 2--REFORM OF H-2A WORKER PROGRAM

SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended--
(1) by striking section 218 and inserting the following:

``SEC. 218. H-2A EMPLOYER APPLICATIONS.

``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an
H-2A worker, unless the employer has filed with the Secretary
of Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of the work
to be performed;
``(C) the anticipated period (expected beginning and ending
dates) for which the workers will be needed; and
``(D) the number of job opportunities in which the employer
seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The
assurances referred to in subsection (a)(1) are the
following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect

[[Page S2653]]

to a job opportunity that is covered under a collective
bargaining agreement:
``(A) Union contract described.--The job opportunity is
covered by a union contract which was negotiated at arm's
length between a bona fide union and the employer.
``(B) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(C) Notification of bargaining representatives.--The
employer, at the time of filing the application, has provided
notice of the filing under this paragraph to the bargaining
representative of the employer's employees in the
occupational classification at the place or places of
employment for which aliens are sought.
``(D) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The employer has
offered or will offer the job to any eligible United States
worker who applies and is equally or better qualified for the
job for which the nonimmigrant is, or the nonimmigrants are,
sought and who will be available at the time and place of
need.
``(F) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity
that is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(B) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by section 218E to all workers employed
in the job opportunities for which the employer has applied
under subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and for a period of 30 days preceding the period
of employment in the occupation at the place of employment
for which the employer seeks approval to employ H-2A workers.
``(E) Requirements for placement of nonimmigrant with other
employers.--The employer will not place the nonimmigrant with
another employer unless--
``(i) the nonimmigrant performs duties in whole or in part
at 1 or more work sites owned, operated, or controlled by
such other employer;
``(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer; and
``(iii) the employer has inquired of the other employer as
to whether, and has no actual knowledge or notice that,
during the period of employment and for a period of 30 days
preceding the period of employment, the other employer has
displaced or intends to displace a United States worker
employed by the other employer in the occupation at the place
of employment for which the employer seeks approval to employ
H-2A workers.
``(F) Statement of liability.--The application form shall
include a clear statement explaining the liability under
subparagraph (E) of an employer if the other employer
described in such subparagraph displaces a United States
worker as described in such subparagraph.
``(G) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and in the course
of the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken or will take the
following steps to recruit United States workers for the job
opportunities for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:

``(I) Contacting former workers.--The employer shall make
reasonable efforts through the sending of a letter by United
States Postal Service mail, or otherwise, to contact any
United States worker the employer employed during the
previous season in the occupation at the place of intended
employment for which the employer is applying for workers and
has made the availability of the employer's job opportunities
in the occupation at the place of intended employment known
to such previous workers, unless the worker was terminated
from employment by the employer for a lawful job-related
reason or abandoned the job before the worker completed the
period of employment of the job opportunity for which the
worker was hired.
``(II) Filing a job offer with the local office of the
state employment security agency.--Not later than 28 days
before the date on which the employer desires to employ an H-
2A worker in a temporary or seasonal agricultural job
opportunity, the employer shall submit a copy of the job
offer described in subsection (a)(2) to the local office of
the State employment security agency which serves the area of
intended employment and authorize the posting of the job
opportunity on `America's Job Bank' or other electronic job
registry, except that nothing in this subclause shall require
the employer to file an interstate job order under section
653 of title 20, Code of Federal Regulations.
``(III) Advertising of job opportunities.--Not later than
14 days before the date on which the employer desires to
employ an H-2A worker in a temporary or seasonal agricultural
job opportunity, the employer shall advertise the
availability of the job opportunities for which the employer
is seeking workers in a publication in the local labor market
that is likely to be patronized by potential farm workers.
``(IV) Emergency procedures.--The Secretary of Labor shall,
by regulation, provide a procedure for acceptance and
approval of applications in which the employer has not
complied with the provisions of this subparagraph because the
employer's need for H-2A workers could not reasonably have
been foreseen.

``(ii) Job offers.--The employer has offered or will offer
the job to any eligible United States worker who applies and
is equally or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought and who will be
available at the time and place of need.
``(iii) Period of employment.--The employer will provide
employment to any qualified United States worker who applies
to the employer during the period beginning on the date on
which the foreign worker departs for the employer's place of
employment and ending on the date on which 50 percent of the
period of employment for which the foreign worker who is in
the job was hired has elapsed, subject to the following
requirements:

``(I) Prohibition.--No person or entity shall willfully and
knowingly withhold United States workers before the arrival
of H-2A workers in order to force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of a complaint by an
employer that a violation of subclause (I) has occurred, the
Secretary of Labor shall immediately investigate. The
Secretary of Labor shall, within 36 hours of the receipt of
the complaint, issue findings concerning the alleged
violation. If the Secretary of Labor finds that a violation
has occurred, the Secretary of Labor shall immediately
suspend the application of this clause with respect to that
certification for that date of need.
``(III) Placement of united states workers.--Before
referring a United States worker to an employer during the
period described in the matter preceding subclause (I), the
Secretary of Labor shall make all reasonable efforts to place
the United States worker in an open job acceptable to the
worker, if there are other job offers pending with the job
service that offer similar job opportunities in the area of
intended employment.

``(iv) Statutory construction.--Nothing in this
subparagraph shall be construed to prohibit an employer from
using such legitimate selection criteria relevant to the type
of job that are normal or customary to the type of job
involved so long as such criteria are not applied in a
discriminatory manner.
``(c) Applications by Associations on Behalf of Employer
Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of
its employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218E through 218G.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities
of any of its producer members named on the application, and
such workers may be transferred among such producer members
to perform the agricultural services of a temporary or
seasonal nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw
an application filed pursuant to subsection (a) with respect
to 1 or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor
in writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer
who withdraws an application under subsection (a), or on
whose behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.

[[Page S2654]]

``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as
a result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under
subsection (a) is unaffected by withdrawal of such
application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is
filed, at the employer's principal place of business or work
site, a copy of each such application (and such accompanying
documents as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor shall
compile, on a current basis, a list (by employer and by
occupational classification) of the applications filed under
this subsection. Such list shall include the wage rate,
number of workers sought, period of intended employment, and
date of need. The Secretary of Labor shall make such list
available for examination in the District of Columbia.
``(B) Review of applications.--The Secretary of Labor shall
review such an application only for completeness and obvious
inaccuracies. Unless the Secretary of Labor finds that the
application is incomplete or obviously inaccurate, the
Secretary of Labor shall certify that the intending employer
has filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall be
provided within 7 days of the filing of the application.'';
and
(2) by inserting after section 218D, as added by section
601 of this Act, the following:

``SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.

``(a) Preferential Treatment of Aliens Prohibited.--
Employers seeking to hire United States workers shall offer
the United States workers no less than the same benefits,
wages, and working conditions that the employer is offering,
intends to offer, or will provide to H-2A workers.
Conversely, no job offer may impose on United States workers
any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--
Except in cases where higher benefits, wages, or working
conditions are required by the provisions of subsection (a),
in order to protect similarly employed United States workers
from adverse effects with respect to benefits, wages, and
working conditions, every job offer which shall accompany an
application under section 218(b)(2) shall include each of the
following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under section
218(a) for H-2A workers shall offer to provide housing at no
cost to all workers in job opportunities for which the
employer has applied under that section and to all other
workers in the same occupation at the place of employment,
whose place of residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable local or
State standards, Federal temporary labor camp standards shall
apply.
``(C) Family housing.--When it is the prevailing practice
in the occupation and area of intended employment to provide
family housing, family housing shall be provided to workers
with families who request it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If public housing
provided for migrant agricultural workers under the auspices
of a local, county, or State government is secured by an
employer, and use of the public housing unit normally
requires charges from migrant workers, such charges shall be
paid by the employer directly to the appropriate individual
or entity affiliated with the housing's management.
``(ii) Deposit charges.--Charges in the form of deposits
for bedding or other similar incidentals related to housing
shall not be levied upon workers by employers who provide
housing for their workers. An employer may require a worker
found to have been responsible for damage to such housing
which is not the result of normal wear and tear related to
habitation to reimburse the employer for the reasonable cost
of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement under clause (ii) is
satisfied, the employer may provide a reasonable housing
allowance instead of offering housing under subparagraph (A).
Upon the request of a worker seeking assistance in locating
housing, the employer shall make a good faith effort to
assist the worker in identifying and locating housing in the
area of intended employment. An employer who offers a housing
allowance to a worker, or assists a worker in locating
housing which the worker occupies, pursuant to this clause
shall not be deemed a housing provider under section 203 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1823) solely by virtue of providing such housing
allowance. No housing allowance may be used for housing which
is owned or controlled by the employer.
``(ii) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers,
and H-2A workers, who are seeking temporary housing while
employed at farm work. Such certification shall expire after
3 years unless renewed by the Governor of the State.
``(iii) Amount of allowance.--

``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.

``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who completes 50
percent of the period of employment of the job opportunity
for which the worker was hired shall be reimbursed by the
employer for the cost of the worker's transportation and
subsistence from the place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place of employment
to the place from which the worker, disregarding intervening
employment, came to work for the employer, or to the place of
next employment, if the worker has contracted with a
subsequent employer who has not agreed to provide or pay for
the worker's transportation and subsistence to such
subsequent employer's place of employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--

``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.

``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less, or the worker is not residing
in employer-provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (4)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and work
site.--The employer shall provide transportation between the
worker's living quarters and the employer's work site without
cost to the worker, and such transportation will be in
accordance with applicable laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied

[[Page S2655]]

for workers, not less (and is not required to pay more) than
the greater of the prevailing wage in the occupation in the
area of intended employment or the adverse effect wage rate.
No worker shall be paid less than the greater of the hourly
wage prescribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable
State minimum wage.
``(B) Limitation.--Effective on the date of the enactment
of the Agricultural Job Opportunities, Benefits, and Security
Act of 2006 and continuing for 3 years thereafter, no adverse
effect wage rate for a State may be more than the adverse
effect wage rate for that State in effect on January 1, 2003,
as established by section 655.107 of title 20, Code of
Federal Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--If Congress does not set a new
wage standard applicable to this section before the first
March 1 that is not less than 3 years after the date of
enactment of this section, the adverse effect wage rate for
each State beginning on such March 1 shall be the wage rate
that would have resulted if the adverse effect wage rate in
effect on January 1, 2003, had been annually adjusted,
beginning on March 1, 2006, by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(ii) Subsequent annual adjustments.--Beginning on the
first March 1 that is not less than 4 years after the date of
enactment of this section, and each March 1 thereafter, the
adverse effect wage rate then in effect for each State shall
be adjusted by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(D) Deductions.--The employer shall make only those
deductions from the worker's wages that are authorized by law
or are reasonable and customary in the occupation and area of
employment. The job offer shall specify all deductions not
required by law which the employer will make from the
worker's wages.
``(E) Frequency of pay.--The employer shall pay the worker
not less frequently than twice monthly, or in accordance with
the prevailing practice in the area of employment, whichever
is more frequent.
``(F) Hours and earnings statements.--The employer shall
furnish to the worker, on or before each payday, in 1 or more
written statements--
``(i) the worker's total earnings for the pay period;
``(ii) the worker's hourly rate of pay, piece rate of pay,
or both;
``(iii) the hours of employment which have been offered to
the worker (broken out by hours offered in accordance with
and over and above the three-quarters guarantee described in
paragraph (4);
``(iv) the hours actually worked by the worker;
``(v) an itemization of the deductions made from the
worker's wages; and
``(vi) if piece rates of pay are used, the units produced
daily.
``(G) Report on wage protections.--Not later than December
31, 2008, the Comptroller General of the United States shall
prepare and transmit to the Secretary of Labor, the Committee
on the Judiciary of the Senate, and Committee on the
Judiciary of the House of Representatives, a report that
addresses--
``(i) whether the employment of H-2A or unauthorized aliens
in the United States agricultural work force has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(ii) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(iii) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage; and
``(v) recommendations for future wage protection under this
section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established the Commission
on Agricultural Wage Standards under the H-2A program (in
this subparagraph referred to as the `Commission').
``(ii) Composition.--The Commission shall consist of 10
members as follows:

``(I) 4 representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.
``(II) 4 representatives of agricultural workers and 1
representative of the Department of Labor, each appointed by
the Secretary of Labor.

``(iii) Functions.--The Commission shall conduct a study
that shall address--

``(I) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(II) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(III) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(IV) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(V) recommendations for future wage protection under this
section.

``(iv) Final report.--Not later than December 31, 2008, the
Commission shall submit a report to the Congress setting
forth the findings of the study conducted under clause (iii).
``(v) Termination date.--The Commission shall terminate
upon submitting its final report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least three-fourths of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
paragraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment, termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the `three-fourths guarantee' described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster, including but not limited to a flood, hurricane,
freeze, earthquake, fire, drought, plant or animal disease or
pest infestation, or regulatory drought, before the guarantee
in subparagraph (A) is fulfilled, the employer may terminate
the worker's employment. In the event of such termination,
the employer shall fulfill the employment guarantee in
subparagraph (A) for the work days that have elapsed from the
first work day after the arrival of the worker to the
termination of employment. In such cases, the employer will
make efforts to transfer the United States worker to other
comparable employment acceptable to the worker. If such
transfer is not effected, the employer shall provide the
return transportation required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in clauses (iii) and
(iv), this subsection applies to any H-2A employer that uses
or causes to be used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph, the term `uses or
causes to be used'--

``(I) applies only to transportation provided by an H-2A
employer to an H-2A worker, or by a farm labor contractor to
an H-2A worker at the request or direction of an H-2A
employer; and
``(II) does not apply to--

``(aa) transportation provided, or transportation
arrangements made, by an H-2A worker, unless the employer
specifically requested or arranged such transportation; or
``(bb) car pooling arrangements made by H-2A workers
themselves, using 1 of the workers' own vehicles, unless
specifically requested by the employer directly or through a
farm labor contractor.
``(iii) Clarification.--Providing a job offer to an H-2A
worker that causes the worker to travel to or from the place
of employment, or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-2A employer,
shall not constitute an

[[Page S2656]]

arrangement of, or participation in, such transportation.
``(iv) Agricultural machinery and equipment excluded.--This
subsection does not apply to the transportation of an H-2A
worker on a tractor, combine, harvester, picker, or other
similar machinery or equipment while such worker is actually
engaged in the planting, cultivating, or harvesting of
agricultural commodities or the care of livestock or poultry
or engaged in transportation incidental thereto.
``(v) Common carriers excluded.--This subsection does not
apply to common carrier motor vehicle transportation in which
the provider holds itself out to the general public as
engaging in the transportation of passengers for hire and
holds a valid certification of authorization for such
purposes from an appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and insurance
requirements.--
``(i) In general.--When using, or causing to be used, any
vehicle for the purpose of providing transportation to which
this subparagraph applies, each employer shall--

``(I) ensure that each such vehicle conforms to the
standards prescribed by the Secretary of Labor under section
401(b) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle;
and
``(III) have an insurance policy or a liability bond that
is in effect which insures the employer against liability for
damage to persons or property arising from the ownership,
operation, or causing to be operated, of any vehicle used to
transport any H-2A worker.

``(ii) Amount of insurance required.--The level of
insurance required shall be determined by the Secretary of
Labor pursuant to regulations to be issued under this
subsection.
``(iii) Effect of workers' compensation coverage.--If the
employer of any H-2A worker provides workers' compensation
coverage for such worker in the case of bodily injury or
death as provided by State law, the following adjustments in
the requirements of subparagraph (B)(i)(III) relating to
having an insurance policy or liability bond apply:

``(I) No insurance policy or liability bond shall be
required of the employer, if such workers are transported
only under circumstances for which there is coverage under
such State law.
``(II) An insurance policy or liability bond shall be
required of the employer for circumstances under which
coverage for the transportation of such workers is not
provided under such State law.

``(c) Compliance With Labor Laws.--An employer shall assure
that, except as otherwise provided in this section, the
employer will comply with all applicable Federal, State, and
local labor laws, including laws affecting migrant and
seasonal agricultural workers, with respect to all United
States workers and alien workers employed by the employer,
except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the
worker, not later than the day the work commences, a copy of
the employer's application and job offer described in section
218(a), or, if the employer will require the worker to enter
into a separate employment contract covering the employment
in question, such separate employment contract.
``(e) Range Production of Livestock.--Nothing in this
section, section 218, or section 218F shall preclude the
Secretary of Labor and the Secretary from continuing to apply
special procedures and requirements to the admission and
employment of aliens in occupations involving the range
production of livestock.

``SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF
H-2A WORKERS.

``(a) Petitioning for Admission.--An employer, or an
association acting as an agent or joint employer for its
members, that seeks the admission into the United States of
an H-2A worker may file a petition with the Secretary. The
petition shall be accompanied by an accepted and currently
valid certification provided by the Secretary of Labor under
section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The
Secretary shall establish a procedure for expedited
adjudication of petitions filed under subsection (a) and
within 7 working days shall, by fax, cable, or other means
assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of
approved petitions, to the appropriate immigration officer at
the port of entry or United States consulate (as the case may
be) where the petitioner has indicated that the alien
beneficiary (or beneficiaries) will apply for a visa or
admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218E,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(B) otherwise violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously been
admitted into the United States pursuant to this section, and
who is otherwise eligible for admission in accordance with
paragraphs (1) and (2), shall not be deemed inadmissible by
virtue of section 212(a)(9)(B). If an alien described in the
preceding sentence is present in the United States, the alien
may apply from abroad for H-2A status, but may not be granted
that status in the United States.
``(B) Maintenance of waiver.--An alien provided an initial
waiver of ineligibility pursuant to subparagraph (A) shall
remain eligible for such waiver unless the alien violates the
terms of this section or again becomes ineligible under
section 212(a)(9)(B) by virtue of unlawful presence in the
United States after the date of the initial waiver of
ineligibility pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the work site and a period of 14 days
following the period of employment for the purpose of
departure or extension based on a subsequent offer of
employment, except that--
``(A) the alien is not authorized to be employed during
such 14-day period except in the employment for which the
alien was previously authorized; and
``(B) the total period of employment, including such 14-day
period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the
alien under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the
employment which was the basis for such admission or status
shall be considered to have failed to maintain nonimmigrant
status as an H-2A worker and shall depart the United States
or be subject to removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely
abandons employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of
State shall promptly issue a visa to, and the Secretary shall
admit into the United States, an eligible alien designated by
the employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates employment; or
``(B) whose employment is terminated after a United States
worker is employed pursuant to section 218(b)(2)(H)(iii), if
the United States worker voluntarily departs before the end
of the period of intended employment or if the employment
termination is for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify
such person's proper identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall be in a form that is resistant to
counterfeiting and to tampering.
``(C) The document shall--

[[Page S2657]]

``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(h) Extension of Stay of H-2A Aliens in the United
States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the date of
the alien's last admission to the United States under this
section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present in the
United States may commence the employment described in a
petition under paragraph (1) on the date on which the
petition is filed.
``(B) Definition.--For purposes of subparagraph (A), the
term `file' means sending the petition by certified mail via
the United States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of the
date of receipt of the petition.
``(C) Handling of petition.--The employer shall provide a
copy of the employer's petition to the alien, who shall keep
the petition with the alien's identification and employment
eligibility document as evidence that the petition has been
filed and that the alien is authorized to work in the United
States.
``(D) Approval of petition.--Upon approval of a petition
for an extension of stay or change in the alien's authorized
employment, the Secretary shall provide a new or updated
employment eligibility document to the alien indicating the
new validity date, after which the alien is not required to
retain a copy of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment
eligibility document, together with a copy of a petition for
extension of stay or change in the alien's authorized
employment that complies with the requirements of paragraph
(1), shall constitute a valid work authorization document for
a period of not more than 60 days beginning on the date on
which such petition is filed, after which time only a
currently valid identification and employment eligibility
document shall be acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous period of
authorized status as an H-2A worker (including any
extensions) is 3 years.
``(B) Requirement to remain outside the united states.--
``(i) In general.--Subject to clause (ii), in the case of
an alien outside the United States whose period of authorized
status as an H-2A worker (including any extensions) has
expired, the alien may not again apply for admission to the
United States as an H-2A worker unless the alien has remained
outside the United States for a continuous period equal to at
least \1/5\ the duration of the alien's previous period of
authorized status as an H-2A worker (including any
extensions).
``(ii) Exception.--Clause (i) shall not apply in the case
of an alien if the alien's period of authorized status as an
H-2A worker (including any extensions) was for a period of
not more than 10 months and such alien has been outside the
United States for at least 2 months during the 12 months
preceding the date the alien again is applying for admission
to the United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders,
Goat Herders, or Dairy Workers.--Notwithstanding any
provision of the Agricultural Job Opportunities, Benefits,
and Security Act of 2006, 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 12 months;
``(2) subject to subsection (j)(5), may have such 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) Eligible alien.--For purposes of 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 such 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) Classification 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 alien's employer on behalf of an 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 of Homeland
Security 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 shall be
construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other provision
of law.

``SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS
ENFORCEMENT.

``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--The
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in section
218(b), or an employer's misrepresentation of material facts
in an application under section 218(a). Complaints may be
filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this subparagraph if there is
reasonable cause to believe that such a failure or
misrepresentation has occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, within 30 days after the
date such a complaint is filed, for a determination as to
whether or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (H). If the
Secretary of Labor determines that such a reasonable basis
exists, the Secretary of Labor shall provide for notice of
such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance
with section 556 of title 5, United States Code, within 60
days after the date of the determination. If such a hearing
is requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the date
of the hearing. In the case of similar complaints respecting
the same applicant, the Secretary of Labor may consolidate
the hearings under this subparagraph on such complaints.
``(C) Failures to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(A), (1)(B),
(1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b),
a substantial failure to meet a condition of paragraph
(1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of aliens described in section
101(a)(15)(H)(ii)(a) for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition of section
218(b), a willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief to effectuate the purposes of subsection
(d)(1); and
``(iii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition of section
218(b) or a willful misrepresentation of a material fact in
an application under section 218(a), in the course of which
failure or misrepresentation the employer displaced a

[[Page S2658]]

United States worker employed by the employer during the
period of employment on the employer's application under
section 218(a) or during the period of 30 days preceding such
period of employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 3 years.
``(F) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to an application under section 218(a) in excess of
$90,000.
``(G) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment, required under
section 218E(b), the Secretary of Labor shall assess payment
of back wages, or other required benefits, due any United
States worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or other
required benefits under section 218E(b) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218E.
``(b) Rights Enforceable by Private Right of Action.--H-2A
workers may enforce the following rights through the private
right of action provided in subsection (c), and no other
right of action shall exist under Federal or State law to
enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218E(b)(1).
``(2) The reimbursement of transportation as required under
section 218E(b)(2).
``(3) The payment of wages required under section
218E(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in
section 218E(c), compliance with which shall be governed by
the provisions of such laws.
``(5) The guarantee of employment required under section
218E(b)(4).
``(6) The motor vehicle safety requirements under section
218E(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service
to assist the parties in reaching a satisfactory resolution
of all issues involving all parties to the dispute. Upon a
filing of such request and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (B).
``(A) Mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under subsection (b) between H-2A
workers and agricultural employers without charge to the
parties.
``(B) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other non-binding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives the request for assistance
unless the parties agree to an extension of this period of
time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii), there are
authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry
out this section.
``(ii) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service is authorized to conduct the mediation or other
dispute resolution activities from any other appropriated
funds available to the Director and to reimburse such
appropriated funds when the funds are appropriated pursuant
to this authorization, such reimbursement to be credited to
appropriations currently available at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court
of the United States having jurisdiction of the parties,
without regard to the amount in controversy, without regard
to the citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the
Secretary of Labor under subsection (a)(1) is withdrawn
before the filing of such action, in which case the rights
and remedies available under this subsection shall be
exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement,
except that no court or administrative action shall be
available under any State contract law to enforce the rights
created by this Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act
shall be void as contrary to public policy, except that a
waiver or modification of the rights or obligations in favor
of the Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes
or litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable under
subsection (b), it shall award actual damages, if any, or
equitable relief.
``(B) Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28,
United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this section,
where a State's workers' compensation law is applicable and
coverage is provided for an H-2A worker, the workers'
compensation benefits shall be the exclusive remedy for the
loss of such worker under this section in the case of bodily
injury or death in accordance with such State's workers'
compensation law.
``(B) The exclusive remedy prescribed in subparagraph (A)
precludes the recovery under paragraph (6) of actual damages
for loss from an injury or death but does not preclude other
equitable relief, except that such relief shall not include
back or front pay or in any manner, directly or indirectly,
expand or otherwise alter or affect--
``(i) a recovery under a State workers' compensation law;
or
``(ii) rights conferred under a State workers' compensation
law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for
such injury or death under subsection (c) shall be tolled for
the period during which the claim for such injury or death
under such State workers' compensation law was pending. The
statute of limitations for an action for actual damages or
other equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury
or death was pending under the State workers' compensation
law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this
section or any finding by the Secretary of Labor under
subsection (a)(1)(B) shall preclude any right of action
arising out of the same facts between the parties under any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection,
includes a former employee and an applicant for employment)
because the employee has disclosed information to the
employer, or to any other person, that the employee
reasonably believes evidences a violation of section 218 or
218E or any rule or regulation pertaining to section 218 or
218E, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning
the employer's compliance with the requirements of section
218 or 218E or any rule or regulation pertaining to either of
such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker
has, with just cause, filed a complaint with the Secretary of
Labor regarding a denial of the rights enumerated and
enforceable under subsection (b) or instituted, or caused to
be instituted, a

[[Page S2659]]

private right of action under subsection (c) regarding the
denial of the rights enumerated under subsection (b), or has
testified or is about to testify in any court proceeding
brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--
The Secretary of Labor and the Secretary shall establish a
process under which an H-2A worker who files a complaint
regarding a violation of subsection (d) and is otherwise
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the United
States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such
application, and for complying with the terms and conditions
of sections 218 and 218E, as though the employer had filed
the application itself. If such an employer is determined,
under this section, to have committed a violation, the
penalty for such violation shall apply only to that member of
the association unless the Secretary of Labor determines that
the association or other member participated in, had
knowledge, or reason to know, of the violation, in which case
the penalty shall be invoked against the association or other
association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under
this section, the penalty for such violation shall apply only
to the association unless the Secretary of Labor determines
that an association member or members participated in or had
knowledge, or reason to know of the violation, in which case
the penalty shall be invoked against the association member
or members as well.

``SEC. 218H. DEFINITIONS.

``For purposes of this section, section 218, and sections
218E through 218G:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(6) H-2a employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2a worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
``(9) Lays off.--
``(A) In general.--The term `lays off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, contract impossibility (as described in
section 218E(b)(4)(D)), or temporary layoffs due to weather,
markets, or other temporary conditions; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under section 218(b)(2)(E), with either employer described in
such section) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Statutory construction.--Nothing in this paragraph is
intended to limit an employee's rights under a collective
bargaining agreement or other employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of the
year; and
``(B) from its nature, it may not be continuous or carried
on throughout the year.
``(12) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10
months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended--
(1) by striking the item relating to section 218 and
inserting the following:

``Sec. 218. H-2A employer applications.''; and

(2) by inserting after the item relating to section 218D,
as added by section 601 of this Act, the following:

``Sec. 218E. H-2A employment requirements.
``Sec. 218F. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218G. Worker protections and labor standards enforcement.
``Sec. 218H. Definitions.''.

CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 616. DETERMINATION AND USE OF USER FEES.

(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of
aliens under this subtitle and the amendments made by this
subtitle, and a collection process for such fees from
employers participating in the program provided under this
subtitle. Such fees shall be the only fees chargeable to
employers for services provided under this subtitle.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as added by section 615
of this Act, and sufficient to provide for the direct costs
of providing services related to an employer's authorization
to employ eligible aliens pursuant to this subtitle, to
include the certification of eligible employers, the issuance
of documentation, and the admission of eligible aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such a
schedule, the Secretary shall comply with Federal cost
accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall publish
in the Federal Register an initial fee schedule and
associated collection process and the cost data or estimates
upon which such fee schedule is based, and any subsequent
amendments thereto, pursuant to which public comment shall be
sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, all proceeds resulting from the payment of the alien
employment user fees shall be available without further
appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of
State, and the Secretary of Labor for the costs of carrying
out sections 218 and 218F of the Immigration and Nationality
Act, as added by section 615 of this Act, and the provisions
of this subtitle.

SEC. 617. REGULATIONS.

(a) Regulations of the Secretary.--The Secretary shall
consult with the Secretary of Labor and the Secretary of
Agriculture on all regulations to implement the duties of the
Secretary under this subtitle and the amendments made by this
subtitle.
(b) Regulations of the Secretary of State.--The Secretary
of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to
implement the duties of the Secretary of State under this
subtitle and the amendments made by this subtitle.
(c) Regulations of the Secretary of Labor.--The Secretary
of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of
the Secretary of Labor under this subtitle and the amendments
made by this subtitle.
(d) Deadline for Issuance of Regulations.--All regulations
to implement the duties of the Secretary, the Secretary of
State, and the Secretary of Labor created under sections 218,
218E, 218F, and 218G of the Immigration and Nationality Act,
as added by section 615 of this Act, shall take effect on the
effective date of section 615 and shall be issued not later
than 1 year after the date of enactment of this Act.

SEC. 618. REPORT TO CONGRESS.

Not later than September 30 of each year, the Secretary
shall submit a report to Congress that identifies, for the
previous year--

[[Page S2660]]

(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218F(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218F(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 613(a);
(5) the number of such aliens whose status was adjusted
under section 613(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 613(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 613(c).

SEC. 619. EFFECTIVE DATE.

(a) In General.--Except as otherwise provided, sections 615
and 616 shall take effect 1 year after the date of the
enactment of this Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to the appropriate committees of Congress a report that
describes the measures being taken and the progress made in
implementing this subtitle.

Subtitle C--DREAM Act

SEC. 621. SHORT TITLE.

This subtitle may be cited as the ``Development, Relief,
and Education for Alien Minors Act of 2006'' or the ``DREAM
Act of 2006''.

SEC. 622. DEFINITIONS.

In this subtitle:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.

SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this subtitle, the
Secretary may cancel removal of, and adjust to the status of
an alien lawfully admitted for permanent residence, subject
to the conditional basis described in section 625, an alien
who is inadmissible or deportable from the United States, if
the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this Act, and
had not yet reached the age of 16 years at the time of
initial entry;
(B) the alien has been a person of good moral character
since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(B),
(6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if
inadmissible solely under subparagraph (C) or (F) of
paragraph (6) of such subsection, the alien was under the age
of 16 years at the time the violation was committed; and
(ii) is not deportable under paragraph (1)(E), (1)(G), (2),
(3)(B), (3)(C), (3)(D), (4), or (6) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)), or, if
deportable solely under subparagraphs (C) or (D) of paragraph
(3) of such subsection, the alien was under the age of 16
years at the time the violation was committed;
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the United
States, or has earned a high school diploma or obtained a
general education development certificate in the United
States; and
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien has remained in the United States under
color of law or received the order before attaining the age
of 16 years.
(2) Waiver.--The Secretary may waive the grounds of
ineligibility under section 212(a)(6) of the Immigration and
Nationality Act and the grounds of deportability under
paragraphs (1), (3), and (6) of section 237(a) of that Act
for humanitarian purposes or family unity or when it is
otherwise in the public interest.
(3) Procedures.--The Secretary shall provide a procedure by
regulation allowing eligible individuals to apply
affirmatively for the relief available under this subsection
without being placed in removal proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary may extend the time periods described in paragraph
(1) if the alien demonstrates that the failure to timely
return to the United States was due to exceptional
circumstances. The exceptional circumstances determined
sufficient to justify an extension should be no less
compelling than serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
publish proposed regulations implementing this section. Such
regulations shall be effective immediately on an interim
basis, but are subject to change and revision after public
notice and opportunity for a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary shall publish final
regulations implementing this section.
(f) Removal of Alien.--The Secretary may not remove any
alien who has a pending application for conditional status
under this subtitle.

SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section
626, an alien whose status has been adjusted under section
624 to that of an alien lawfully admitted for permanent
residence shall be considered to have obtained such status on
a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary shall provide for
notice to the alien regarding the provisions of this section
and the requirements of subsection (c) to have the
conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary to provide a notice under this paragraph--
(i) shall not affect the enforcement of the provisions of
this subtitle with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary shall terminate the
conditional permanent resident status of any alien who
obtained such status under this subtitle, if the Secretary
determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 624(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this subtitle.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary, in accordance with paragraph (3), a petition which
requests the removal of such conditional basis and which
provides, under penalty of perjury, the facts and information
so that the Secretary may make the determination described in
paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary shall make a
determination as to whether the alien meets the requirements
set out in subparagraphs (A) through (E) of subsection
(d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.

[[Page S2661]]

(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary in accordance with this
subtitle. The alien shall be deemed in conditional permanent
resident status in the United States during the period in
which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary to determine whether each of the following
requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 624(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of all of the secondary
educational institutions that the alien attended in the
United States.
(2) Hardship exception.--
(A) In general.--The Secretary may, in the Secretary's
discretion, remove the conditional status of an alien if the
alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
may extend the period of the conditional resident status for
the purpose of completing the requirements described in
paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must be
removed before the alien may apply for naturalization.

SEC. 626. RETROACTIVE BENEFITS.

If, on the date of enactment of this Act, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 624(a)(1) and section 625(d)(1)(D), the
Secretary may adjust the status of the alien to that of a
conditional resident in accordance with section 624. The
alien may petition for removal of such condition at the end
of the conditional residence period in accordance with
section 625(c) if the alien has met the requirements of
subparagraphs (A), (B), and (C) of section 625(d)(1) during
the entire period of conditional residence.

SEC. 627. EXCLUSIVE JURISDICTION.

(a) In General.--The Secretary shall have exclusive
jurisdiction to determine eligibility for relief under this
subtitle, except where the alien has been placed into
deportation, exclusion, or removal proceedings either prior
to or after filing an application for relief under this
subtitle, in which case the Attorney General shall have
exclusive jurisdiction and shall assume all the powers and
duties of the Secretary until proceedings are terminated, or
if a final order of deportation, exclusion, or removal is
entered the Secretary shall resume all powers and duties
delegated to the Secretary under this subtitle.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 624(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States, consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.), and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).

SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

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

SEC. 629. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition.--No officer or employee of the United
States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this subtitle to initiate
removal proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this subtitle can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this subtitle with a designated entity, that
designated entity, to examine applications filed under this
subtitle.
(b) Required Disclosure.--The Attorney General or the
Secretary shall provide the information furnished under this
section, and any other information derived from such
furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.

SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

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

SEC. 631. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this subtitle shall be
eligible only for the following assistance under such title
IV:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 632. GAO REPORT.

Seven years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a
report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives, which sets forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 624(a);
(2) the number of aliens who applied for adjustment of
status under section 624(a);
(3) the number of aliens who were granted adjustment of
status under section 624(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 625.

Subtitle D--Grant Programs to Assist Nonimmigrant Workers

SEC. 641. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY
TRAINING.

(a) Grants Authorized.--The Assistant Attorney General,
Office of Justice Programs, may award grants to qualified
non-profit community organizations to educate, train, and
support non-profit agencies, immigrant communities, and other
interested entities regarding the provisions of this Act and
the amendments made by this Act.
(b) Use of Funds.--
(1) In general.--Grants awarded under this section shall be
used--
(A) for public education, training, technical assistance,
government liaison, and all

[[Page S2662]]

related costs (including personnel and equipment) incurred by
the grantee in providing services related to this Act; and
(B) to educate, train, and support nonprofit organizations,
immigrant communities, and other interested parties regarding
this Act and the amendments made by this Act and on matters
related to its implementation.
(2) Education.--In addition to the purposes described in
paragraph (1), grants awarded under this section shall be
used to--
(A) educate immigrant communities and other interested
entities regarding--
(i) the individuals and organizations that can provide
authorized legal representation in immigration matters under
regulations prescribed by the Secretary; and
(ii) the dangers of securing legal advice and assistance
from those who are not authorized to provide legal
representation in immigration matters;
(B) educate interested entities regarding the requirements
for obtaining nonprofit recognition and accreditation to
represent immigrants under regulations prescribed by the
Secretary;
(C) provide nonprofit agencies with training and technical
assistance on the recognition and accreditation process; and
(D) educate nonprofit community organizations, immigrant
communities, and other interested entities regarding--
(i) the process for obtaining benefits under this Act or
under an amendment made by this Act; and
(ii) the availability of authorized legal representation
for low-income persons who may qualify for benefits under
this Act or under an amendment made by this Act.
(c) Diversity.--The Assistant Attorney General shall
ensure, to the extent possible, that the nonprofit community
organizations receiving grants under this section serve
geographically diverse locations and ethnically diverse
populations who may qualify for benefits under the Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Office of Justice Programs of the
Department of Justice such sums as may be necessary for each
of the fiscal years 2007 through 2009 to carry out this
section.

SEC. 642. FUNDING FOR THE OFFICE OF CITIZENSHIP.

(a) Authorization.--The Secretary, acting through the
Director of the Bureau of Citizenship and Immigration
Services, is authorized to establish the United States
Citizenship and Immigration Foundation (referred to in this
subtitle as the ``Foundation'').
(b) Purpose.--The Foundation shall be incorporated in the
District of Columbia, exclusively for charitable and
educational purposes to support the functions of the Office
of Citizenship of the Bureau of 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.

SEC. 643. CIVICS INTEGRATION GRANT PROGRAM.

(a) In General.--The Secretary shall establish a
competitive grant program to provide financial assistance to
nonprofit organizations, including faith-based organizations,
to support--
(1) efforts by entities certified by the Office of
Citizenship to provide civics and English as a second
language courses; and
(2) other activities approved by the Secretary to promote
civics and English as a second language.
(b) Acceptance of Gifts.--The Secretary may accept and use
gifts from the Foundation 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.
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