Of a perfecting nature.

SA 3420. Mr. SESSIONS proposed an amendment to amendment SA 3192
submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the
bill S. 2454, to amend the Immigration and Nationality Act to provide
for comprehensive reform and for other purposes; as follows:

In the bill, strike all after the word ``SECTION'' and
insert the following:

1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Securing
America's Borders Act''.
(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.

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.

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.

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 or unlawful presence of an alien.
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. Denial of benefits to terrorists and criminals.
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. State and local law enforcement of Federal immigration laws.
Sec. 221. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 222. Alternatives to detention.
Sec. 223. Conforming amendment.
Sec. 224. Reporting requirements.
Sec. 225. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 226. Removal of drunk drivers.
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. Listing of immigration violators in the National Crime
Information Center database.
Sec. 231. Laundering of monetary instruments.
Sec. 232. Severability.

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--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH
ADVANCED DEGREES

Sec. 401. Elimination of existing backlogs.
Sec. 402. Country limits.
Sec. 403. Allocation of immigrant visas.
Sec. 404. Relief for minor children.
Sec. 405. Student visas.
Sec. 406. Visas for individuals with advanced degrees.
Sec. 407. Medical services in underserved areas.

TITLE V--IMMIGRATION LITIGATION REDUCTION

Sec. 501. Consolidation of immigration appeals.
Sec. 502. Additional immigration personnel.
Sec. 503. Board of immigration appeals removal order authority.
Sec. 504. Judicial review of visa revocation.
Sec. 505. Reinstatement of removal orders.
Sec. 506. Withholding of removal.
Sec. 507. Certificate of reviewability.
Sec. 508. Discretionary decisions on motions to reopen or reconsider.
Sec. 509. Prohibition of attorney fee awards for review of final orders
of removal.
Sec. 510. Board of Immigration Appeals.

TITLE VI--MISCELLANEOUS

Sec. 601. Technical and conforming amendments.

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.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2007 through 2011, the Secretary shall, subject
to the availability of appropriations, increase by not less
than 250 the number of positions for full-time active duty
Customs and Border Protection officers.
(2) 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 250

[[Page S3030]]

the number of positions for full-time active duty port of
entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(3) Border patrol agent.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is amended--
(A) by striking ``2010'' both places it appears and
inserting ``2011''; and
(B) by striking ``2,000'' and inserting ``2,400''.
(4) Investigative personnel.--
(A) Immigration and customs enforcement inspectors.--
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) Customs and border protection officers.--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) 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 (2) of subsection (a).
(3) Border patrol agents.--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
section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734),
as amended by subsection (a)(3).

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--
(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 25 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,

[[Page S3031]]

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,
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 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;

[[Page S3032]]

(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--
(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.

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

Not later than September 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)--

[[Page S3033]]

(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
(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; and
(8) an assessment of the effect of such a system on Indian
reservations and units of the National Park System.
(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 of Homeland Security 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.

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

[[Page S3034]]

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:

``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--
(A) any aliens in a removal, deportation, or exclusion
proceeding pending on or after the date of the enactment of
this Act; and
(B) any act or condition constituting a ground for
inadmissibility, excludability, or removal occurring or
existing before, 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 subparagraphs (C) and (E).
``(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 or such crimes, 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

[[Page S3035]]

``(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 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.

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
(including any provision providing an effective date), 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 (N), by striking ``paragraph (1)(A) or
(2) of'';
(3) 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'';
(4) 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
(5) by striking the undesignated matter following
subparagraph (U).

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

[[Page S3036]]

(2) by adding at the end the following: ``The petitioner
shall have the burden of showing that the Secretary's denial
of the application was contrary to law. Except in a
proceeding under section 340, and notwithstanding any other
provision of law, no court shall have jurisdiction to
determine, or to review a determination of the Secretary
regarding, whether, for purposes of an application for
naturalization, an alien--
``(1) is a person of good moral character;
``(2) understands and is attached to the principles of the
Constitution of the United States; or
``(3) is well disposed to the good order and happiness of
the United States.''.
(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. Such district court shall only have jurisdiction
to review the basis for delay and remand the matter to the
Secretary of Homeland Security 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;
(2) shall apply to any act that occurred before, on, or
after such date of enactment; and
(3) shall apply to any application for naturalization or
any other case or matter under the immigration laws pending
on, or filed 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 or remain 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 or remain 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)--

[[Page S3037]]

``(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 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 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, provided that such assistance is
rendered without compensation or the expectation of
compensation.
``(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 OR UNLAWFUL PRESENCE OF AN ALIEN.

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

[[Page S3038]]

``SEC. 275. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.

``(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;
``(B) knowingly eludes examination or inspection by an
immigration officer;
``(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;
or
``(D) is otherwise present in the United States, knowing
that such presence violates the terms and conditions of any
admission, parole, immigration status, or authorized stay
granted the alien under this Act.
``(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.
``(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.
``(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 or unlawful presence of an alien.''.

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 be fined 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, provided
that such assistance is 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) 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.
``1546. Immigration and visa fraud.

[[Page S3039]]

``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.

``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 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,

[[Page S3040]]

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).''.
(b) 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''.

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 of the enactment of this Act.

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

[[Page S3041]]

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
(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

[[Page S3042]]

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, whether the removal order was entered before, 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. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

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

``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 of Homeland Security
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

[[Page S3043]]

``(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 of Homeland Security shall
provide sufficient transportation and officers to take
illegal aliens apprehended by State and local law enforcement
officers into custody for processing at a Department of
Homeland Security detention facility.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out this
section.

SEC. 220. 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. 221. 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. 222. 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. 223. 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. 224. 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 inserting 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).''.
(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

[[Page S3044]]

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

(a) In General.--Beginning on October 1, 2006, an alien who
is attempting to illegally enter the United States and who is
apprehended at a United States port of entry or along the
international land or 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, 2006, 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) shall 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. 226. REMOVAL OF DRUNK DRIVERS.

(a) In General.--Section 101(a)(43)(F) of the Immigration
and Nationality Act (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 or Federal 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. 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, whether or not admitted into the
United States, 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 (viii), any'';
(2) in subparagraph (A) by inserting after clause (vii) the
following:
``(viii) Clause (i) shall not apply to a citizen of the
United States who has been convicted of an offense described
in section 101(a)(43)(A), section 101(a)(43)(I), or section
101(a)(43)(K), 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 section 101(a)(43)(A), section
101(a)(43)(I), or section 101(a)(43)(K), 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)(viii))'' 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 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 subsection 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

[[Page S3045]]

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, either--
``(i) not later than 72 hours after the conclusion of the
State charging process or dismissal process, or if no State
charging or dismissal process is required, not later than 72
hours after the illegal alien is apprehended, take the
illegal alien into the custody of the Federal Government; 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 of Homeland Security,
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 aliens incarcerated in
a Federal facility pursuant to this subsection are held in
facilities which provide an appropriate level of security,
and that, where 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 where 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. 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; or
(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 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. 231. 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. 232. SEVERABILITY.

If any provision of this title, any amendment made by this
title, 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 title, the amendments made by
this title, and the application of the provisions of such to
any other person or circumstance shall not be affected by
such holding.

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 Securing America's Borders Act, 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

[[Page S3046]]

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--
``(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-

[[Page S3047]]

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 inquire 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
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) 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 Securing
America's Borders Act, 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 Securing
America's Borders Act, the Secretary may require additional
any 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 Securing America's Borders Act,
Secretary shall require an employer with more than 5,000
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) Mid-sized employers.--Not later than 3 years after
the date of enactment of the Securing America's Borders Act,
the Secretary shall require an employer with less than 5,000
employees and with more than 1,000 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 Securing America's Borders Act,
the Secretary shall require all employers with less than
1,000 employees and with more than 250 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 Securing America's Borders
Act, 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 Securing America's
Borders Act, if the Secretary has reasonable causes 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) 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

[[Page S3048]]

``(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 shall, 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 Securing America's Borders Act, 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, 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 Securing America's Borders Act, 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) Pre-penalty 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

[[Page S3049]]

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 the subsection (b), (c), and (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) 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.

[[Page S3050]]

``(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) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1)
(8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)''
and inserting ``274A''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by striking
``274A(b)'' and inserting ``274A(d)''; and
(B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)''
and inserting ``274A(d)(9)''.
(d) Effective Date.--The amendments made by subsections
(a), (b), and (c) 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 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 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--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS,
AND ALIENS WITH ADVANCED DEGREES

SEC. 401. 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. 402. 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. 403. 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

[[Page S3051]]

Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is
repealed.

SEC. 404. 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. 405. 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)(C), 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 $1,000 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. 406. 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)) is
amended by adding at the end the following:
``(F) 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).
``(G) 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).
``(H) 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:

``(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

[[Page S3052]]

(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.

SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.

Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-
416) is amended by striking ``Act and before June 1, 2006.''
and inserting ``Act.''.

TITLE V--IMMIGRATION LITIGATION REDUCTION

SEC. 501. CONSOLIDATION OF IMMIGRATION APPEALS.

(a) Reapportionment of Circuit Court Judges.--The table in
section 44(a) of title 28, United States Code, is amended in
the item relating to the Federal Circuit by striking ``12''
and inserting ``15''.
(b) Review of Orders of Removal.--Section 242(b) (8 U.S.C.
1252(b)) is amended--
(1) in paragraph (2), by striking the first sentence and
inserting ``The petition for review shall be filed with the
United Sates Court of Appeals for the Federal Circuit.'';
(2) in paragraph (5)(B), by adding at the end the
following: ``Any appeal of a decision by the district court
under this paragraph shall be filed with the United States
Court of Appeals for the Federal Circuit.''; and
(3) in paragraph (7), by amending subparagraph (C) to read
as follows:
``(C) Consequence of invalidation and venue of appeals.--
``(i) Invalidation.--If the district court rules that the
removal order is invalid, the court shall dismiss the
indictment for violation of section 243(a).
``(ii) Appeals.--The United States Government may appeal a
dismissal under clause (i) to the United States Court of
Appeals for the Federal Circuit within 30 days after the date
of the dismissal. If the district court rules that the
removal order is valid, the defendant may appeal the district
court decision to the United States Court of Appeals for the
Federal Circuit within 30 days after the date of completion
of the criminal proceeding.''.
(c) Review of Orders Regarding Inadmissable Aliens.--
Section 242(e) (8 U.S.C. 1252(e)) is amended by adding at the
end the following new paragraph:
``(6) Venue.--The petition to appeal any decision by the
district court pursuant to this subsection shall be filed
with the United States Court of Appeals for the Federal
Circuit.''.
(d) Exclusive Jurisdiction.--Section 242(g) (8 U.S.C.
1252(g)) is amended--
(1) by striking ``Except''; and inserting the following:
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Appeals.--Notwithstanding any other provision of law,
the United States Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction to review a district court
order arising from any action taken, or proceeding brought,
to remove or exclude an alien from the United States,
including a district court order granting or denying a
petition for writ of habeas corpus.''.
(e) Jurisdiction of the United States Court of Appeals for
the Federal Circuit.--
(1) Exclusive jurisdiction.--Section 1295(a) of title 28,
United States Code, is amended by adding at the end the
following new paragraph:
``(15) of an appeal to review a final administrative order
or a district court decision arising from any action taken,
or proceeding brought, to remove or exclude an alien from the
United States.''.
(2) Conforming amendments.--Such section 1295(a) is further
amended--
(A) in paragraph (13), by striking ``and''; and
(B) in paragraph (14), by striking the period at the end
and inserting a semicolon and ``and''.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Court of Appeals for
the Federal Circuit for each of the fiscal years 2007 through
2011 such sums as may be necessary to carry out this
subsection, including the hiring of additional attorneys for
the such Court.
(g) Effective Date.--The amendments made by this section
shall take effect upon the date of enactment of this Act and
shall apply to any final agency order or district court
decision entered on or after the date of enactment of this
Act.

SEC. 502. ADDITIONAL IMMIGRATION PERSONNEL.

(a) Department of Homeland Security.--
(1) Trial attorneys.--In each of fiscal years 2007 through
2011, the Secretary shall, subject to the availability of
appropriations for such purpose, increase the number of
positions for attorneys in the Office of General Counsel of
the Department who represent the Department in immigration
matters by not less than 100 above the number of such
positions for which funds were made available during each
preceding fiscal year.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of fiscal years
2007 through 2011 such sums as may be necessary to carry out
this subsection.
(b) Department of Justice.--
(1) Litigation attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of positions for attorneys in the
Office of Immigration Litigation of the Department of
Justice.
(2) United states attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of attorneys in the United States
Attorneys' office to litigate immigration cases in the
Federal courts.
(3) Immigration judges.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose--
(A) increase by not less than 20 the number of full-time
immigration judges compared to the number of such positions
for which funds were made available during the preceding
fiscal year; and
(B) increase by not less than 80 the number of positions
for personnel to support the immigration judges described in
subparagraph (A) compared to the number of such positions for
which funds were made available during the preceding fiscal
year.
(4) Staff attorneys.--In each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability
of appropriations for such purpose--
(A) increase by not less than 10 the number of positions
for full-time staff attorneys in the Board of Immigration
Appeals compared to the number of such positions for which
funds were made available during the preceding fiscal year;
and
(B) increase by not less than 10 the number of positions
for personnel to support the staff attorneys described in
subparagraph (A) compared to the number of such positions for
which funds were made available during the preceding fiscal
year
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General for each of the
fiscal years 2007 through 2011 such sums as may be necessary
to carry out this subsection, including the hiring of
necessary support staff.
(c) Administrative Office of the United States Courts.--In
each of the fiscal years 2007 through 2011, the Director of
the Administrative Office of the United States Courts shall,
subject to the availability of appropriations, increase by
not less than 50 the number of attorneys in the Federal
Defenders Program who litigate criminal immigration cases in
the Federal courts.

SEC. 503. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER
AUTHORITY.

(a) In General.--Section 101(a)(47) (8 U.S.C. 1101(a)(47))
is amended to read as follows:
``(47)(A)(i) The term `order of removal' means the order of
the immigration judge, the Board of Immigration Appeals, or
other administrative officer to whom the Attorney General or
the Secretary of Homeland Security has delegated the
responsibility for determining whether an alien is removable,
concluding that the alien is removable, or ordering removal.
``(ii) The term `order of deportation' means the order of
the special inquiry officer, immigration judge, the Board of
Immigration Appeals, or other such administrative officer to
whom the Attorney General has delegated the responsibility
for determining whether an alien is deportable, concluding
that the alien is deportable, or ordering deportation.
``(B) An order described under subparagraph (A) shall
become final upon the earlier of--
``(i) a determination by the Board of Immigration Appeals
affirming such order;
``(ii) the entry by the Board of Immigration Appeals of
such order;
``(iii) the expiration of the period in which any party is
permitted to seek review of such order by the Board of
Immigration Appeals;
``(iv) the entry by an immigration judge of such order, if
appeal is waived by all parties; or
``(v) the entry by another administrative officer of such
order, at the conclusion of a process authorized by law other
than under section 240.''.
(b) Conforming Amendments.--The Immigration and Nationality
Act is amended--
(1) in section 212(d)(12)(A) (8 U.S.C. 1182(d)(12)(A)), by
inserting ``an order of'' before ``removal''; and

[[Page S3053]]

(2) in section 245A(g)(2)(B) (8 U.S.C. 1255a(g)(2)(B))--
(A) in the heading, by inserting ``, removal,'' after
``deportation''; and
(B) in clause (i), by striking ``deportation,'' and
inserting ``deportation or an order of removal,''.

SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION.

Section 221(i) (8 U.S.C. 1201(i)) is amended by striking
the last sentence and inserting ``Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, a revocation under this subsection may not be reviewed
by any court, and no court shall have jurisdiction to hear
any claim arising from, or any challenge to, such a
revocation.''.

SEC. 505. REINSTATEMENT OF REMOVAL ORDERS.

(a) Reinstatement.--
(1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is
amended to read as follows:
``(5) Reinstatement of removal orders against aliens
illegally reentering.--
``(A) In general.--If the Secretary of Homeland Security
finds that an alien has entered the United States illegally
after having been removed, deported, or excluded or having
departed voluntarily, under an order of removal, deportation,
or exclusion, regardless of the date of the original order or
the date of the illegal entry--
``(i) the order of removal, deportation, or exclusion is
reinstated from its original date and is not subject to being
reopened or reviewed notwithstanding section 242(a)(2)(D);
``(ii) the alien is not eligible and may not apply for any
relief under this Act, regardless of the date that an
application or request for such relief may have been filed or
made; and
``(iii) the alien shall be removed under the order of
removal, deportation, or exclusion at any time after the
illegal entry.
``(B) No other proceedings.--Reinstatement under this
paragraph shall not require proceedings under section 240 or
other proceedings before an immigration judge.''.
(2) Conforming amendment.--Section 242(a)(2)(D) (8 U.S.C.
1252(a)(2)(D)) is amended by striking ``section)'' and
inserting ``section or section 241(a)(5))''.
(b) Judicial Review.--Section 242 (8 U.S.C. 1252) is
amended by adding at the end the following new subsection:
``(h) Judicial Review of Reinstatement Under Section
241(a)(5).--
``(1) Review of reinstatement.--Judicial review of a
determination under section 241(a)(5) is available under
subsection (a) of this section.
``(2) No review of original order.--Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court shall have jurisdiction to review any cause
or claim, arising from or relating to any challenge to the
original order.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect as if enacted on April 1, 1997, and
shall apply to all orders reinstated on or after that date by
the Secretary (or by the Attorney General prior to March 1,
2003), regardless of the date of the original order.

SEC. 506. WITHHOLDING OF REMOVAL.

(a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is
amended--
(1) in subparagraph (A), by adding at the end ``The burden
of proof is on the alien to establish that the alien's life
or freedom would be threatened in that country, and that
race, religion, nationality, membership in a particular
social group, or political opinion would be at least one
central reason for such threat.''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A)'' and inserting ``For purposes of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if enacted on May 11, 2005, and shall
apply to applications for withholding of removal made on or
after such date.

SEC. 507. CERTIFICATE OF REVIEWABILITY.

(a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C))
is amended to read as follows:
``(C) Briefs.--
``(i) Alien's brief.--The alien shall serve and file a
brief in connection with a petition for judicial review not
later than 40 days after the date on which the administrative
record is available. The court may not extend this deadline
except upon motion for good cause shown. If an alien fails to
file a brief within the time provided in this subparagraph,
the court shall dismiss the appeal unless a manifest
injustice would result.
``(ii) United states brief.--The United States shall not be
afforded an opportunity to file a brief in response to the
alien's brief until a judge issues a certificate of
reviewability as provided in subparagraph (D), unless the
court requests the United States to file a reply brief prior
to issuing such certification.''.
(b) Certificate of Reviewability.--Section 242(b)(3) (8
U.S.C. 1252 (b)(3)) is amended by adding at the end the
following new subparagraphs:
``(D) Certificate of reviewability.--
``(i) After the alien has filed a brief, the petition for
review shall be assigned to one judge on the Federal Circuit
Court of Appeals.
``(ii) Unless such judge issues a certificate of
reviewability, the petition for review shall be denied and
the United States may not file a brief.
``(iii) Such judge may not issue a certificate of
reviewability under clause (ii) unless the petitioner
establishes a prima facie case that the petition for review
should be granted.
``(iv) Such judge shall complete all action on such
certificate, including rendering judgment, not later than 60
days after the date on which the judge is assigned the
petition for review, unless an extension is granted under
clause (v).
``(v) Such judge may grant, on the judge's own motion or on
the motion of a party, an extension of the 60-day period
described in clause (iv) if--

``(I) all parties to the proceeding agree to such
extension; or
``(II) such extension is for good cause shown or in the
interests of justice, and the judge states the grounds for
the extension with specificity.

``(vi) If no certificate of reviewability is issued before
the end of the period described in clause (iv), including any
extension under clause (v), the petition for review shall be
denied, any stay or injunction on petitioner's removal shall
be dissolved without further action by the court or the
Government, and the alien may be removed.
``(vii) If such judge issues a certificate of reviewability
under clause (ii), the Government shall be afforded an
opportunity to file a brief in response to the alien's brief.
The alien may serve and file a reply brief not later than 14
days after service of the Government brief, and the court may
not extend this deadline except upon motion for good cause
shown.
``(E) No further review of decision not to issue a
certificate of reviewability.--The decision of a judge on the
Federal Circuit Court of Appeals not to issue a certificate
of reviewability or to deny a petition for review, shall be
the final decision for the Federal Circuit Court of Appeals
and may not be reconsidered, reviewed, or reversed by the
such Court through any mechanism or procedure.''.

SEC. 508. DISCRETIONARY DECISIONS ON MOTIONS TO REOPEN OR
RECONSIDER.

(a) Exercise of Discretion.--Section 240(c) (8 U.S.C.
1229a(c)) is amended--
(1) in paragraph (6), by adding at the end the following
new subparagraph:
``(D) Discretion.--The decision to grant or deny a motion
to reconsider is committed to the Attorney General's
discretion.''; and
(2) in paragraph (7), by adding at the end the following
new subparagraph:
``(D) Discretion.--The decision to grant or deny a motion
to reopen is committed to the Attorney General's
discretion.''.
(b) Eligibility for Protection From Removal to Alternative
Country.--Section 240(c) (8 U.S.C. 1229a(c)), as amended by
subsection (a), is further amended by adding at the end of
paragraph (7)(C) the following new clause:
``(v) Special rule for alternative countries of removal.--
The requirements of this paragraph may not apply if--

``(I) the Secretary of Homeland Security is seeking to
remove the alien to an alternative or additional country of
removal under paragraph (1)(C), 2(D), or 2(E) of section
241(b) that was not considered during the alien's prior
removal proceedings;
``(II) the alien's motion to reopen is filed within 30 days
after receiving notice of the Secretary's intention to remove
the alien to that country; and
``(III) the alien establishes a prima facie case that the
alien is entitled by law to withholding of removal under
section 241(b)(3) or protection under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, with respect
to that particular country.''.

(c) Effective Date.--This amendment made by this section
shall apply to motions to reopen or reconsider which are
filed on or after the date of the enactment of this Act in
removal, deportation, or exclusion proceedings, whether a
final administrative order is entered before, on, or after
the date of the enactment of this Act.

SEC. 509. PROHIBITION OF ATTORNEY FEE AWARDS FOR REVIEW OF
FINAL ORDERS OF REMOVAL.

(a) In General.--Section 242 (8 U.S.C. 1252), as amended by
section 505(b), is further amended by adding at the end the
following new subsection:
``(i) Prohibition on Attorney Fee Awards.--Notwithstanding
any other provision of law, a court may not award fees or
other expenses to an alien based upon the alien's status as a
prevailing party in any proceedings relating to an order of
removal issued under this Act, unless the court of appeals
concludes that the determination of the Attorney General or
the Secretary of Homeland Security that the alien was
removable under sections 212 and 237 was not substantially
justified.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to proceedings relating to an order of removal
issued on or after the date of the enactment of this Act,
regardless of the date that such fees or expenses were
incurred.

SEC. 510. BOARD OF IMMIGRATION APPEALS.

(a) Requirement to Hear Cases in 3-Member Panels.--

[[Page S3054]]

(1) In general.--Except as provided in paragraphs (2) and
(3), cases before the Board of Immigration Appeals of the
Department of Justice shall be heard by 3-member panels of
such Board.
(2) Hearing by a single member.--A 3-member panel of the
Board of Immigration Appeals or a member of such Board alone
may--
(A) summarily dismiss any appeal or portion of any appeal
in any case which--
(i) the party seeking the appeal fails to specify the
reasons for the appeal;
(ii) the only reason for the appeal specified by such party
involves a finding of fact or a conclusion of law that was
conceded by that party at a prior proceeding;
(iii) the appeal is from an order that granted such party
the relief that had been requested;
(iv) the appeal is determined to be filed for an improper
purpose, such as to cause unnecessary delay; or
(v) the appeal lacks an arguable basis in fact or in law
and is not supported by a good faith argument for extension,
modification, or reversal of existing law;
(B) grant an unopposed motion or a motion to withdraw an
appeal pending before the Board; or
(C) adjudicate a motion to remand any appeal--
(i) from the decision of an officer of the Department if
the appropriate official of the Department requests that the
matter be remanded back for further consideration;
(ii) if remand is required because of a defective or
missing transcript; or
(iii) if remand is required for any other procedural or
ministerial issue.
(3) Hearing en banc.--The Board of Immigration Appeals may,
by a majority vote of the Board members--
(A) consider any case as the full Board en banc; or
(B) reconsider as the full Board en banc any case that has
been considered or decided by a 3-member panel.
(b) Affirmance Without Opinion.--Upon individualized review
of a case, the Board of Immigration Appeals may affirm the
decision of an immigration judge without opinion only if--
(1) the decision of the immigration judge resolved all
issues in the case;
(2) the issue on appeal is squarely controlled by existing
Board or Federal court precedent and does not involve the
application of precedent to a novel fact situation;
(3) the factual and legal questions raised on appeal are so
insubstantial that the case does not warrant the issuance of
a written opinion in the case; and
(4) the Board approves both the result reached in the
decision below and all of the reasoning of that decision.
(c) Requirement for Regulations.--Not later than 180 days
after the date of the enactment of this Act, the Attorney
General shall promulgate regulations to carry out this
section.

TITLE VI--MISCELLANEOUS

SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS.

The Attorney General, in consultation with the Secretary,
shall, as soon as practicable but not later than 90 days
after the date of the enactment of this Act, submit to
Congress a draft of any technical and conforming changes in
the Immigration and Nationality Act which are necessary to
reflect the changes in the substantive provisions of law made
by the Homeland Security Act of 2002, this Act, or any other
provision of law.
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