Of a perfecting nature.

SA 3421. Mr. NELSON of Nebraska proposed an amendment to amendment SA
3420 proposed by Mr. Sessions to the 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:

At the appropriate place in the Sessions amendment add the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Border
Security and Interior Enforcement Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.

TITLE I--SOUTHWEST BORDER SECURITY

Sec. 101. Construction of fencing and security improvements in border
area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to
assist with surveillance of southern international land
border of the United States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.

TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

Subtitle A--Additional Federal Resources

Sec. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
Sec. 205. Powers of immigration officers and employees.

Subtitle B--Maintaining Accurate Enforcement Data on Aliens

Sec. 211. Entry-exit system.
Sec. 212. State and local law enforcement provision of information
regarding aliens.
Sec. 213. Listing of immigration violators in the National Crime
Information Center database.
Sec. 214. Determination of immigration status of individuals charged
with Federal offenses.

Subtitle C--Detention of Aliens and Reimbursement of Costs

Sec. 221. Increase of Federal detention space and the utilization of
facilities identified for closures as a result of the
Defense Base Closure Realignment Act of 1990.
Sec. 222. Federal custody of illegal aliens apprehended by State or
local law enforcement.
Sec. 223. Institutional Removal Program.

Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

Sec. 231. Congressional affirmation of immigration law enforcement
authority by States and political subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law
enforcement personnel.
Sec. 233. Immunity.

TITLE III--VISA REFORM AND ALIEN STATUS

Subtitle A--Limitations on Visa Issuance and Validity

Sec. 301. Curtailment of visas for aliens from countries denying or
delaying repatriation of nationals.
Sec. 302. Judicial review of visa revocation.
Sec. 303. Elimination of diversity immigrant program.
Sec. 304. Completion of background and security checks.
Sec. 305. Naturalization and good moral character.
Sec. 306. Denial of benefits to terrorists and criminals.
Sec. 307. Repeal of adjustment of status of certain aliens physically
present in United States under section 245(i).
Sec. 308. Grounds of Inadmissibility and Removability for Persecutors.
Sec. 309. Technical Corrections to SEVIS Reporting Requirements.

TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

Subtitle A--In General

Sec. 401. Short title.
Sec. 402. Findings.

Subtitle B--Employment Eligibility Verification System

Sec. 411. Employment Eligibility Verification System.
Sec. 412. Employment eligibility verification process.
Sec. 413. Expansion of employment eligibility verification system to
previously hired individuals and recruiting and
referring.
Sec. 414. Extension of preemption to required construction of day
laborer shelters.
Sec. 415. Basic pilot program.
Sec. 416. Protection for United States workers and individuals
reporting immigration law violations.
Sec. 417. Penalties.

Subtitle C--Work Eligibility Verification Reform in the Social Security
Administration

Sec. 421. Verification responsibilities of the Commissioner of Social
Security.
Sec. 422. Notification by commissioner of failure to correct social
security information.
Sec. 423. Restriction on access and use.
Sec. 424. Sharing of information with the commissioner of Internal
Revenue Service.
Sec. 425. Sharing of information with the Secretary of Homeland
Security.

Subtitle D--Sharing of Information

Sec. 431. Sharing of information with the Secretary of Homeland
Security and the Commissioner of Social Security.

Subtitle E--Identification Document Integrity

Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.

Subtitle F--Effective Date; Authorization of Appropriations

Sec. 451. Effective date.
Sec. 452. Authorization of appropriations.

TITLE V--PENALTIES AND ENFORCEMENT

Subtitle A--Criminal and Civil Penalties

Sec. 501. Alien smuggling and related offenses.
Sec. 502. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements.
Sec. 503. Improper entry by, or presence of, aliens.
Sec. 504. Fees and Employer Compliance Fund.
Sec. 505. Reentry of removed alien.
Sec. 506. Civil and criminal penalties for document fraud, benefit
fraud, and false claims of citizenship.

[[Page S3055]]

Sec. 507. Rendering inadmissible and deportable aliens participating in
criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang
members.
Sec. 509. Ineligibility for asylum and protection from removal.
Sec. 510. Penalties for misusing social security numbers or filing
false information with Social Security Administration.
Sec. 511. Technical and clarifying amendments.

Subtitle B--Detention, Removal, and Departure

Sec. 521. Voluntary departure reform.
Sec. 522. Release of aliens in removal proceedings.
Sec. 523. Expedited removal.
Sec. 524. Reinstatement of previous removal orders.
Sec. 525. Cancellation of removal.
Sec. 526. Detention of dangerous alien.
Sec. 527. Alternatives to detention.
Sec. 528. Authorization of appropriations.

SEC. 2. SEVERABILITY.

If any provision of this Act, any amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, and the application of such provision
to other persons not similarly situated or to other
circumstances, shall not be affected by such holding.
TITLE I--SOUTHWEST BORDER SECURITY

SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS
IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF
MEXICO.

(a) In General.--Section 102(b)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 8 U.S.C. 1103 note) is amended to read
as follows--
``(1) Border security improvements.--
``(A) Border zone creation.--
``(i) In general.--In carrying out subsection (a), the
Secretary of Homeland Security shall create and control a
border zone, along the international land border between the
United States and Mexico, subject to the following
conditions:

``(I) Size.--The border zone shall consist of the United
States land area within 100 yards of such international land
border, except that with respect to areas of the border zone
that are contained within an organized subdivision of a State
or local government, the Secretary may adjust the area
included in the border zone to accommodate existing public
and private structures.
``(II) Federal land.--Not later than 30 days after the date
of the enactment of the Border Security and Interior
Enforcement Improvement Act of 2006, the head of each Federal
agency having jurisdiction over Federal land included in the
border zone shall transfer such land, without reimbursement,
to the administrative jurisdiction of the Secretary of
Homeland Security.
``(III) Consultation.--Before installing any fencing or
other physical barriers, roads, lighting, or sensors under
subparagraph (B) on land transferred by the Secretary of
Defense under subclause (II), the Secretary of Homeland
Security shall consult with the Secretary of Defense for
purposes of mitigating or limiting the impact of the fencing,
barriers, roads, lighting, and sensors on military training
and operations.

``(ii) Other uses.--The Secretary may authorize the use of
land included in the border zone for other purposes so long
as such use does not impede the operation or effectiveness of
the security features installed under subparagraph (B) or the
ability of the Secretary to carry out subsection (a).
``(B) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security shall provide for--
``(i) the construction along the southern international
land border between the United States and Mexico, starting at
the Pacific Ocean and extending eastward to the Gulf of
Mexico, of at least 2 layers of reinforced fencing; and
``(ii) the installation of such additional physical
barriers, roads, lighting, ditches, and sensors along such
border as may be necessary to eliminate illegal crossings and
facilitate legal crossings along such border.
``(C) Priority areas.--With respect to the border described
in subparagraph (B), the Secretary shall ensure that initial
fence construction occurs in high traffic and smuggling areas
along such border.''.
(b) Conforming Amendments.--Section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 8 U.S.C. 1103 note) as amended by
subsection (a) is further amended--
(1) in subsection (a), by striking ``Attorney General, in
consultation with the Commissioner of Immigration and
Naturalization,'' and inserting ``Secretary of Homeland
Security'';
(2) in subsection (b), by striking the heading and
inserting ``Border Zone Creation and Reinforced Fending--'';
and
(3) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''.

SEC. 102. BORDER PATROL AGENTS.

Section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734)
is amended--
(1) by striking ``2010'' both places it appears and
inserting ``2011''; and
(2) by striking ``2,000'' and inserting ``3,000''.

SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE
EQUIPMENT TO ASSIST WITH SURVEILLANCE OF
SOUTHERN INTERNATIONAL LAND BORDER OF THE
UNITED STATES.

(a) Increased Availability of Equipment.--The Secretary of
Defense and the Secretary of Homeland Security shall develop
and implement a plan to use the 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 with Department of Homeland Security
surveillance activities conducted at or near the southern
international land border of the United States.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall submit a report to
Congress that contains--
(1) a description of the current use of Department of
Defense equipment to assist with Department of Homeland
Security surveillance of the southern international land
border of the United States;
(2) the plan developed under subsection (a) to increase the
use of Department of Defense equipment to assist with such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by Department of Defense under such
plan during the 1-year period beginning after submission of
the report.

SEC. 104. PORTS OF ENTRY.

To facilitate legal trade, commerce, tourism, and legal
immigration, the Secretary of Homeland Security is authorized
to--
(1) construct additional ports of entry along the
international land border 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. 105. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated
$5,000,000,000 to carry out section 102(b)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 8 U.S.C. 1103), as amended by section
101. Such sums shall be available until expended.
(b) Border Patrol Agents.--There are authorized to be
appropriated $3,000,000,000 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 section
102.
(c) Ports of Entry.--There are authorized to be
appropriated $125,000,000 to carry out section 104.
(d) Conforming Amendment.--Section 102(b)(4) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note) is repealed.
TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
Subtitle A--Additional Federal Resources

SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED STATES
BORDERS.

(a) Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2007 through 2011, the Secretary of Homeland
Security shall increase by not less than 250 the number of
positions for full-time active duty Customs and Border
Protection officers.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2007 through 2011 to carry out paragraph (1).
(b) Technological Assets.--
(1) Acquisition.--The Secretary of Homeland Security shall
procure unmanned aerial vehicles, cameras, poles, sensors,
and other technologies necessary to achieve operational
control of the borders of the United States.
(2) Authorization of appropriations.--There are authorized
to be appropriated $500,000,000 for each of fiscal years 2007
through 2011 to carry out paragraph (1).
(c) Border Patrol Checkpoints.--Notwithstanding any other
provision of law or regulation, temporary or permanent
checkpoints may be maintained on roadways in border patrol
sectors close to the international land borders of the United
States in such locations and for such time period durations
as the Secretary of Homeland Security, in the Secretary's
sole discretion, determines necessary.

SEC. 202. ADDITIONAL IMMIGRATION PERSONNEL.

(a) Department of Homeland Security.--
(1) Investigative personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118
Stat. 3734), for each of fiscal years 2007 through 2011, the
Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase by
not less than 200 the number of positions for investigative
personnel within the Department of Homeland Security
investigating alien smuggling and immigration status
violations above the number of such positions for which funds
were made available during the preceding fiscal year.
(2) Trial attorneys.--In each of fiscal years 2007 through
2011, the Secretary of Homeland Security shall, subject to
the availability of appropriations for such purpose, increase
the number of positions for attorneys in the Office of
General Counsel of

[[Page S3056]]

the Department of Homeland Security 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.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Homeland Security for
each of fiscal years 2007 through 2011 such sums as may be
necessary to carry out this subsection.
(b) Department of Justice.--
(1) Assistant attorney general for immigration
enforcement.--
(A) Establishment.--There is established within the
Department of Justice the position of Assistant Attorney
General for Immigration Enforcement. The Assistant Attorney
General for Immigration Enforcement shall coordinate and
prioritize immigration litigation and enforcement in the
Federal courts, including--
(i) removal and deportation;
(ii) employer sanctions; and
(iii) alien smuggling and human trafficking.
(B) Conforming amendment.--Section 506 of title 28, United
States Code, is amended by striking ``ten'' and inserting
``11''.
(2) 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
above the number of such positions for which funds were made
available during the preceding fiscal year.
(3) Assistant 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 Assistant United
States Attorneys to litigate immigration cases in the Federal
courts above the number of such positions for which funds
were made available during the preceding fiscal year.
(4) Immigration judges.--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 immigration judges above 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 Department of Justice for each of
fiscal years 2007 through 2011 such sums as may be necessary
to carry out this subsection, including the hiring of
necessary support staff.

SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION
AGENTS.

(a) Worksite Enforcement.--In each of fiscal years 2007
through 2011, the Secretary of Homeland Security shall,
subject to the availability of appropriations for such
purpose, 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, 1324a) above the number of such positions
in which funds were made available during the preceding
fiscal year.
(b) Fraud Detection.--In each of fiscal years 2007 through
2011, the Secretary of Homeland Security shall, subject to
the availability of appropriations for such purpose, increase
by not less than 1,000 the number of positions for
Immigration Enforcement Agents dedicated to immigration fraud
detection above the number of such positions in which funds
were made available during the preceding fiscal year.
(c) Authorization of Appropriations.--There are authorized
to be appropriated during each of fiscal years 2007 through
2011 such sums as may be necessary to carry out this section.

SEC. 204. DOCUMENT FRAUD DETECTION.

(a) Training.--The Secretary of Homeland Security 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 Forensic Document Laboratory of the Bureau of
Immigration and Customs Enforcement of the Department of
Homeland Security.
(b) Forensic Document Laboratory.--The Secretary of
Homeland Security shall provide all officers of the Bureau of
Customs and Border Protection with access to the Forensic
Document Laboratory.
(c) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for each of fiscal years 2007
through 2011 to carry out this section.

SEC. 205. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.

Section 287(a) of the Immigration and Nationality Act (8
U.S.C. 1357(a)) is amended--
(1) by striking paragraph (5) and the 2 undesignated
paragraphs following paragraph (5);
(2) in the material preceding paragraph (1)--
(A) by striking ``(a) Any'' and inserting ``(a)(1) Any'';
and
(B) by striking ``Service'' and inserting ``Department of
Homeland Security'';
(3) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively; and
(4) by inserting after subparagraph (D), as redesignated by
paragraph (3), the following:
``(E) to make arrests--
``(i) for any offense against the United States, if the
offense is committed in the officer's or employee's presence;
or
``(ii) for any felony cognizable under the laws of the
United States, if the officer or employee has reasonable
grounds to believe that the person to be arrested has
committed or is committing such a felony.
``(2) Under regulations prescribed by the Attorney General
or the Secretary of Homeland Security, an officer or employee
of the Service may carry a firearm and may execute and serve
any order, warrant, subpoena, summons, or other process
issued under the authority of the United States.''.
Subtitle B--Maintaining Accurate Enforcement Data on Aliens

SEC. 211. ENTRY-EXIT SYSTEM.

(a) Integrated Entry and Exit Data System.--Section
110(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a(b)(1)) is amended
to read as follows:
``(1) provides access to, and integrates, arrival and
departure data of all aliens who arrive and depart at ports
of entry, in an electronic format and in a database of the
Department of Homeland Security or the Department of State
(including those created or used at ports of entry and at
consular offices);''.
(b) Construction.--Section 110(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a(c)) is amended to read as follows:
``(c) Construction.--Nothing in this section shall be
construed to reduce or curtail any authority of the Secretary
of Homeland Security or the Secretary of State under any
other provision of law.''.
(c) Deadlines.--Section 110(d) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1365a(d)) is amended--
(1) in paragraph (1), by striking ``December 31, 2003'' and
inserting ``October 1, 2006''; and
(2) by amending paragraph (2) to read as follows:
``(2) Land border ports of entry.--Not later than October
1, 2006, the Secretary of Homeland Security shall implement
the integrated entry and exit data system using the data
described in paragraph (1) and available alien arrival and
departure data described in subsection (b)(1) pertaining to
aliens arriving in, or departing from, the United States at
all land border ports of entry. Such implementation shall
include ensuring that such data, when collected or created by
an immigration officer at a port of entry, are entered into
the system and can be accessed by immigration officers at
airports, seaports, and other land border ports of entry.''.
(d) Authority To Provide Access to System.--Section
110(f)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a(f)(1)) is amended
by adding at the end: ``The Secretary of Homeland Security
shall ensure that any officer or employee of the Department
of Homeland Security or the Department of State having need
to access the data contained in the integrated entry and exit
data system for any lawful purpose under the Immigration and
Nationality Act has such access, including access for
purposes of representation of the Department of Homeland
Security in removal proceedings under section 240 of such Act
and adjudication of applications for benefits under such
Act.''.
(e) Biometric Data Enhancements.--Not later than October 1,
2006, the Secretary of Homeland Security shall--
(1) in consultation with the Attorney General, enhance
connectivity between the automated biometric fingerprint
identification system (IDENT) of the Department of Homeland
Security and the integrated automated fingerprint
identification system (IAFIS) of the Federal Bureau of
Investigation fingerprint databases to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all 10 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), as amended by
this section.

SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF
INFORMATION REGARDING ALIENS.

(a) Violations of Federal Law.--A statute, policy, or
practice that prohibits, or restricts in any manner, a law
enforcement or administrative enforcement officer of a State
or of a political subdivision therein, from enforcing Federal
immigration laws or from assisting or cooperating with
Federal immigration law enforcement in the course of carrying
out the investigative or enforcement duties of the officer or
from providing information to an official of the United
States Government regarding the immigration status of an
individual who is believed to be illegally present in the
United States, is in violation of section 642(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1644).
(b) State and Local Law Enforcement Provision of
Information About Apprehended Illegal Aliens.--
(1) Provision of information.--
(A) In general.--In compliance with section 642(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1644), each

[[Page S3057]]

law enforcement agency of a State or of a political
subdivision therein shall provide to the Department of
Homeland Security the information listed in paragraph (2) for
each alien who is apprehended in the jurisdiction of such
agency and who cannot produce the valid certificate of alien
registration or alien registration receipt card described in
section 264(d) of the Immigration and Nationality Act (8
U.S.C. 1304(d)).
(B) Time limitation.--Not later than 15 days after an alien
described in subparagraph (A) is apprehended, information
required to be provided under subparagraph (A) shall be
provided in such form and in such manner as the Secretary of
Homeland Security may, by regulation or guideline, require.
(C) Exception.--The reporting requirement in paragraph (A)
shall not apply in the case of any alien determined to be
lawfully present in the United States.
(2) Information required.--The information listed in this
subsection is as follows:
(A) The alien's name.
(B) The alien's address or place of residence.
(C) A physical description of the alien.
(D) The date, time, and location of the encounter with the
alien and reason for stopping, detaining, apprehending, or
arresting the alien.
(E) If applicable--
(i) the alien's driver's license number and the State of
issuance of such license;
(ii) the type of any other identification document issued
to the alien, any designation number contained on the
identification document, and the issuing entity for the
identification document;
(iii) the license number and description of any vehicle
registered to, or operated by, the alien; and
(iv) a photo of the alien and a full set of the alien's 10
rolled fingerprints, if available or readily obtainable.
(3) Reimbursement.--The Secretary of Homeland Security
shall reimburse such law enforcement agencies for the costs,
per a schedule determined by the Secretary, incurred by such
agencies in collecting and transmitting the information
described in paragraph (2).
(c) Technical and Conforming Amendments.--
(1) Illegal immigration reform and immigrant responsibility
act of 1996.--
(A) Technical amendment.--Section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) is amended--
(i) in subsections (a), (b)(1), and (c), by striking
``Immigration and Naturalization Service'' each place it
appears and inserting ``Department of Homeland Security'';
and
(ii) in the heading by striking ``IMMIGRATION AND
NATURALIZATION SERVICE'' and inserting ``DEPARTMENT OF
HOMELAND SECURITY''.
(B) Conforming amendment.--Section 1(d) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-546) is
amended by striking the item related to section 642 and
inserting the following:

``Sec. 642. Communication between government agencies and the
Department of Homeland Security.''.

(2) Personal responsibility and work opportunity
reconciliation act of 1996.--
(A) In general.--Section 434 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1644) is amended--
(i) by striking ``IMMIGRATION AND NATURALIZATION SERVICE''
and inserting ``DEPARTMENT OF HOMELAND SECURITY''; and
(ii) in the heading by striking ``immigration and
naturalization service'' and inserting ``department of
homeland security''.
(B) Conforming amendment.--Section 2 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1642) is amended by striking the item related
to section 434 and inserting the following:

``Sec. 434. Communication between State and local government agencies
and the Department of Homeland Security.''.

(d) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the requirements of this section.

SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime
Information Center.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall provide to the head of the National Crime Information
Center of the Department of Justice the information that the
Secretary of Homeland Security 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)(2) or
(b)(2) of section 240B of the Immigration and Nationality Act
(8 U.S.C. 1229c) or who has violated a condition of a
voluntary departure agreement under such section 240B;
(C) detained by a Federal, State, or local law enforcement
agency whom a Federal immigration officer has confirmed to be
unlawfully present in the United States but, in the exercise
of discretion, has been released from detention without
transfer into the custody of a Federal immigration officer;
(D) who has remained in the United States beyond the
alien's authorized period of stay; and
(E) 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 of Homeland Security under
paragraph (1) related to an alien who is granted lawful
authority to enter or remain legally in the United States.
(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,
regardless of whether the alien has received notice of the
violation or the alien has already been removed; and''.

SEC. 214. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS
CHARGED WITH FEDERAL OFFENSES.

(a) Responsibility of United States Attorneys.--Beginning 2
years after the date of the enactment of this Act, the office
of the United States attorney that is prosecuting a criminal
case in a Federal court--
(1) shall determine, not later than 30 days after filing
the initial pleadings in the case, whether each defendant in
the case is lawfully present in the United States (subject to
subsequent legal proceedings to determine otherwise);
(2)(A) if the defendant is determined to be an alien
lawfully present in the United States, shall notify the court
in writing of the determination and the current status of the
alien under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) if the defendant is determined not to be lawfully
present in the United States, shall notify the court in
writing of the determination, the defendant's alien status,
and, to the extent possible, the country of origin or legal
residence of the defendant; and
(3) ensure that the information described in paragraph (2)
is included in the case file and the criminal records system
of the office of the United States attorney.
(b) Guidelines.--A determination made under subsection
(a)(1) shall be made in accordance with guidelines of the
Executive Office for Immigration Review of the Department of
Justice.
(c) Responsibilities of Federal Courts.--
(1) Modifications of records and case managements
systems.--Not later than 2 years after the date of the
enactment of this Act, all Federal courts that hear criminal
cases, or appeals of criminal cases, shall modify their
criminal records and case management systems, in accordance
with guidelines which the Director of the Administrative
Office of the United States Courts shall establish, so as to
enable accurate reporting of information described in
subsection (a)(2).
(2) Data entries.--Beginning 2 years after the date of the
enactment of this Act, each Federal court described in
paragraph (1) shall enter into its electronic records the
information contained in each notification to the court under
subsection (a)(2).
(d) Annual Report to Congress.--The Director of the
Administrative Office of the United States Courts shall
include, in the annual report filed with the Congress under
section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in
the courts and criminal convictions of aliens in the lower
courts and upheld on appeal, including the type of crime in
each case and including information on the legal status of
the aliens; and
(2) recommendations on whether additional court resources
are needed to accommodate the volume of criminal cases
brought against aliens in the Federal courts.
(e) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2007 through
2012, such sums as may be necessary to carry out this Act.
Funds appropriated pursuant to this subsection in any fiscal
year shall remain available until expended.
Subtitle C--Detention of Aliens and Reimbursement of Costs

SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND THE
UTILIZATION OF FACILITIES IDENTIFIED FOR
CLOSURES AS A RESULT OF THE DEFENSE BASE
CLOSURE REALIGNMENT ACT OF 1990.

(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall
construct or acquire, in addition to existing facilities for
the detention of aliens, 20 detention facilities in the
United States that have the capacity to detain a combined
total of not less than 10,000 individuals at any time for
aliens detained pending removal or a decision on removal of
such aliens from the United States.
(2) Determination of location.--The location of any
detention facility built or acquired in accordance with this
subsection shall be determined with the concurrence of the
Secretary by the senior officer responsible for Detention and
Removal Operations in the Department of Homeland Security.
The detention facilities shall be located so as

[[Page S3058]]

to enable the Department to increase to the maximum extent
practicable the annual rate and level of removals of illegal
aliens from the United States.
(3) Use of installations under base closure laws.--In
acquiring detention facilities under this subsection, the
Secretary of Homeland Security shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note) for use in
accordance with paragraph (1).
(b) Technical and Conforming Amendment.--Section 241(g)(1)
of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1))
is amended by striking ``may expend'' and inserting ``shall
expend''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY
STATE OR LOCAL LAW ENFORCEMENT.

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

``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL
CUSTODY.

``(a) In General.--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 illegal alien submits a request
to the Secretary of Homeland Security that the alien be taken
into Federal custody, the Secretary of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to verify
immigration status described in section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(c)), and expeditiously inform the requesting
entity whether such individual is an illegal alien; and
``(B) if the individual is an illegal alien, 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 and
incarcerate the alien; or
``(ii) request that the relevant State or local law
enforcement agency temporarily detain or transport the
illegal 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 criminal or illegal aliens to
the Department of Homeland Security.
``(b) 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 a criminal or illegal alien
as described in subparagraphs (A) and (B) of subsection
(a)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (a)(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 criminal or illegal
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 illegal alien during the period
between the time of transmittal of the request described in
subsection (a) and the time of transfer into Federal custody.
``(c) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that illegal 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.
``(d) 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 illegal aliens from the custody of those States
and political subdivisions of States which routinely submit
requests described in subsection (a) into Federal custody.
``(e) 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.
``(f) Illegal Alien Defined.--In this section, the term
`illegal alien' means an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the alien
was admitted or to which it was changed under section 248; or
``(B) comply with the conditions of any such status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.''.
(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. 223. INSTITUTIONAL REMOVAL PROGRAM.

(a) Institutional Removal Program.--
(1) Continuation.--The Secretary of Homeland Security shall
continue to operate the Institutional Removal Program or
develop and implement any other 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 of Homeland Security shall
extend the institutional removal program to all States. Each
State should--
(A) cooperate with officials of the Federal Institutional
Removal Program;
(B) expeditiously and systematically identify criminal
aliens in its prison and jail populations; and
(C) promptly convey the information collected under
subparagraph (B) to officials of the Institutional Removal
Program.
(b) Implementation of Cooperative Institutional Removal
Programs.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), is
amended by adding at the end the following:
``(d) Authorization for Detention After Completion of State
or Local Prison Sentence.--Law enforcement officers of a
State or political subdivision of a State are authorized to--
``(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State prison
sentence in order to effectuate the transfer of the alien to
Federal custody when 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 personnel from the Bureau of Immigration and
Customs Enforcement can take the alien into custody.
``(e) Technology Usage.--Technology such as
videoconferencing shall be used to the maximum extent
practicable in order to make the Institutional Removal
Program available in remote locations. Mobile access to
Federal databases of aliens, such as the automated biometric
fingerprint identification system (IDENT) of the Department
of Homeland Security, and live scan technology shall be used
to the maximum extent practicable in order to make these
resources available to State and local law enforcement
agencies in remote locations.
``(f) Report to Congress.--Not later than 1 year after the
date of the enactment of the Border Security and Interior
Enforcement Improvement Act of 2006, the Secretary of
Homeland Security shall submit to Congress a report on the
participation of States in the Institutional Removal Program
and in any other program carried out under subsection (a).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the Institutional
Removal Program--
``(1) $30,000,000 for fiscal year 2007;
``(2) $40,000,000 for fiscal year 2008;
``(3) $50,000,000 for fiscal year 2009;
``(4) $60,000,000 for fiscal year 2010; and
``(5) $70,000,000 for fiscal year 2011 and each fiscal year
thereafter.''.
Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW
ENFORCEMENT AUTHORITY BY STATES AND POLITICAL
SUBDIVISIONS OF STATES.

Notwithstanding any other provision of law and reaffirming
the existing inherent authority of States, law enforcement
personnel

[[Page S3059]]

of a State or a political subdivision of a State have the
inherent authority of a sovereign entity to investigate,
identify, apprehend, arrest, detain, or transfer to Federal
custody aliens in the United States (including the
transportation of such aliens across State lines to detention
centers), for the purpose of assisting in the enforcement 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.

SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND
LOCAL LAW ENFORCEMENT PERSONNEL.

(a) Training Manual and Pocket Guide.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall establish--
(A) a training manual for law enforcement personnel of a
State or political subdivision of a State to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens
in the United States (including the transportation of such
aliens across State lines to detention centers and the
identification of fraudulent documents); and
(B) an immigration enforcement pocket guide for law
enforcement personnel of a State or political subdivision of
a State to provide a quick reference for such personnel in
the course of duty.
(2) Availability.--The training manual and pocket guide
established in accordance with paragraph (1) shall be made
available to all State and local law enforcement personnel.
(3) Applicability.--Nothing in this subsection shall be
construed to require State or local law enforcement personnel
to carry the training manual or pocket guide established in
accordance with paragraph (1) with them while on duty.
(4) Costs.--The Secretary of Homeland Security shall be
responsible for any and all costs incurred in establishing
the training manual and pocket guide under this subsection.
(b) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including
residential training at the Center for Domestic Preparedness
of the Department of Homeland Security, on-site training held
at State or local police agencies or facilities, online
training courses by computer, teleconferencing, and
videotape, or the digital video display (DVD) of a training
course or courses.
(2) Online training.--The head of the Distributed Learning
Program of the Federal Law Enforcement Training Center shall
make training available for State and local law enforcement
personnel via the Internet through a secure, encrypted
distributed learning system that has all its servers based in
the United States.
(3) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(c) Cooperative Enforcement Programs.--Not later than 2
years after the date of the enactment of this Act, the
Secretary shall negotiate and execute, where practicable, a
cooperative enforcement agreement described in section 287(g)
of the Immigration and Nationality Act (8 U.S.C. 1357(g))
with at least 1 law enforcement agency in each State, to
train law enforcement officers in the detection and
apprehension of individuals engaged in transporting,
harboring, sheltering, or encouraging aliens in violation of
section 274 of such Act (8 U.S.C. 1324).
(d) Duration of Training.--Section 287(g)(2) of the
Immigration and Nationalization Act (8 U.S.C. 1357(g)(2)) is
amended by adding at the end ``Such training may not exceed
14 days or 80 hours of classroom training.''.
(e) Clarification.--Nothing in this Act or any other
provision of law shall be construed as making any
immigration-related training a requirement for, or
prerequisite to, any State or local law enforcement officer
exercising the inherent authority of the officer to
investigate, identify, apprehend, arrest, detain, or transfer
to Federal custody illegal aliens during the normal course of
carrying out the law enforcement duties of the officer.
(f) Technical Amendments.--Section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended
by striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.

SEC. 233. IMMUNITY.

(a) Personal Immunity.--Notwithstanding any other provision
of law, a law enforcement officer of a State, or of a
political subdivision of a State, shall be immune, to the
same extent as a Federal law enforcement officer, from
personal liability arising out of the enforcement of any
immigration law. The immunity provided by this subsection
shall only apply to an officer of a State, or of a political
subdivision of a State, who is acting within the scope of
such officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision
of law, a law enforcement agency of a State, or of a
political subdivision of a State, shall be immune from any
claim for money damages based on Federal, State, or local
civil rights law for an incident arising out of the
enforcement of any immigration law, except to the extent that
the law enforcement officer of such agency, whose action the
claim involves, committed a violation of Federal, State, or
local criminal law in the course of enforcing such
immigration law.
TITLE III--VISA REFORM AND ALIEN STATUS
Subtitle A--Limitations on Visa Issuance and Validity

SEC. 301. CURTAILMENT OF VISAS FOR ALIENS FROM COUNTRIES
DENYING OR DELAYING REPATRIATION OF NATIONALS.

(a) In General.--Section 243 of the Immigration and
Nationality Act (8 U.S.C. 1253) is amended by adding at the
end the following new subsection:
``(e) Public Listing of Aliens With No Significant
Likelihood of Removal.--
``(1) In general.--The Secretary of Homeland Security shall
establish and maintain a public listing of every alien who is
subject to a final order of removal and with respect to whom
the Secretary or any Federal court has determined that there
is no significant likelihood of removal in the reasonably
foreseeable future due to the refusal, or unreasonable delay,
of all countries designated by the alien under this section
to receive the alien. The public listing shall indicate
whether such alien has been released from Federal custody,
and the city and State in which such alien resides.
``(2) Discontinuation of visas.--If 25 or more of the
citizens, subjects, or nationals of any foreign state remain
on the public listing described in paragraph (1) throughout
any month--
``(A) such foreign state shall be deemed to have denied or
unreasonably delayed the acceptance of such aliens;
``(B) the Secretary of Homeland Security shall make the
notification to the Secretary of State prescribed in
subsection (d) of this section; and
``(C) the Secretary of State shall discontinue the issuance
of nonimmigrant visas to citizens, subjects, or nationals of
such foreign state until such time as the number of aliens on
the public listing from such foreign state has--
``(i) declined to fewer than 6; or
``(ii) remained below 25 for at least 30 days.''.
(b) Technical Amendment.--Section 243 of the Immigration
and Nationality Act (8 U.S.C. 1253) is amended--
(1) in subsection (a)(1)(D), by inserting ``or the
Secretary of Homeland Security'' after ``Attorney General'';
(2) in subsection (c)--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(B) by striking ``Commissioner'' and inserting
``Secretary''; and
(3) in subsection (d)--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(B) by inserting ``of State'' after ``notifies the
Secretary''.

SEC. 302. JUDICIAL REVIEW OF VISA REVOCATION.

Section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)) is amended by striking ``, except in the
context of a removal proceeding if such revocation provides
the sole ground for removal under section 237(a)(1)(B)''.

SEC. 303. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

(a) Worldwide Level of Diversity Immigrants.--Section 201
of the Immigration and Nationality Act (8 U.S.C. 1151) is
amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph (1);
(B) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas.--Section 203
of such Act (8 U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2006.

SEC. 304. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) is amended by adding at the end the following
new subsection:
``(i) Notwithstanding any other provision of law, the
Secretary of Homeland Security, the Attorney General, or any
court shall not--
``(1) grant or order the grant of adjustment of status 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 Attorney General, the Secretary, or any court,

[[Page S3060]]

until such background and security checks as the Secretary
may in his discretion require have been completed to the
satisfaction of the Secretary.''.

SEC. 305. NATURALIZATION AND GOOD MORAL CHARACTER.

(a) Naturalization Reform.--
(1) Barring terrorists from naturalization.--Section 316 of
the Immigration and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end the following new subsection:
``(g) No person shall be naturalized who the Secretary of
Homeland Security determines, in the Secretary's discretion,
to have been at any time an alien described in section
212(a)(3) or 237(a)(4). Such determination may be based upon
any relevant information or evidence, including classified,
sensitive, or national security information, and shall be
binding upon, and unreviewable by, any court exercising
jurisdiction under the immigration laws over any application
for naturalization, regardless whether such jurisdiction to
review a decision or action of the Secretary is de novo or
otherwise.''.
(2) Concurrent naturalization and removal proceedings.--The
last sentence of section 318 of such Act (8 U.S.C. 1429) is
amended--
(A) by striking ``shall be considered by the Attorney
General'' and inserting ``shall be considered by the
Secretary of Homeland Security or any court'';
(B) by striking ``pursuant to a warrant of arrest issued
under the provisions of this or any other Act:'' and
inserting ``or other proceeding to determine the applicants
inadmissibility or deportability, or to determine whether the
applicants lawful permanent resident status should be
rescinded, regardless of when such proceeding was
commenced:''; and
(C) by striking ``upon the Attorney General'' and inserting
``upon the Secretary of Homeland Security''.
(3) Pending denaturalization or removal proceedings.--
Section 204(b) of such Act (8 U.S.C. 1154(b)) is amended by
adding at the end ``No petition shall be approved pursuant to
this section if there is any administrative or judicial
proceeding (whether civil or criminal) pending against the
petitioner that could (whether directly or indirectly) result
in the petitioner's denaturalization or the loss of the
petitioner's lawful permanent resident status.''.
(4) Conditional permanent residents.--Section 216(e) of
such Act (8 U.S.C. 1186a(e)) and section 216A(e) of such Act
(8 U.S.C. 1186b(e)) are each amended by inserting before the
period at the end of each such section ``, if the alien has
had the conditional basis removed under this section''.
(5) District court jurisdiction.--Section 336(b) of such
Act (8 U.S.C. 1447(b)) is amended to read as follows:
``(b) If there is a failure to render a final
administrative decision under section 335 before the end of
the 180-day period after the date on which the Secretary of
Homeland Security completes all examinations and interviews
conducted under such section (as such terms are defined in
regulations issued by the Secretary), the applicant may apply
to the district court for the district in which the applicant
resides for a hearing on the matter. Such court shall only
have jurisdiction to review the basis for delay and remand
the matter to the Secretary for the Secretary's determination
on the application.''.
(6) Conforming amendments.--Section 310(c) of such Act (8
U.S.C. 1421(c)) is amended--
(A) by inserting ``, not later than 120 days after the date
of the Secretary's final determination'' before ``seek''; and
(B) by striking the second sentence and inserting ``The
burden shall be upon the petitioner to show that the
Secretary's denial of the application was not supported by
facially legitimate and bona fide reasons. Except in a
proceeding under section 340, notwithstanding any other
provision of law, 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 determine, or to review a determination of
the Secretary made at any time regarding, for purposes of an
application for naturalization, whether an alien is a person
of good moral character, whether an alien understands and is
attached to the principles of the Constitution of the United
States, or whether an alien is well disposed to the good
order and happiness of the United States.''.
(7) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act,
shall apply to any act that occurred before, on, or after
such date, and shall apply to any application for
naturalization or any other case or matter under the
immigration laws pending on, or filed on or after, such date.
(b) Bar to Good Moral Character.--
(1) In general.--Section 101(f) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)) is amended--
(A) by inserting after paragraph (1) the following new
paragraph:
``(2) one who the Secretary of Homeland Security or the
Attorney General determines, in the unreviewable discretion
of the Secretary or the Attorney General, to have been at any
time an alien described in section 212(a)(3) or section
237(a)(4), which determination may be based upon any relevant
information or evidence, including classified, sensitive, or
national security information, and which shall be binding
upon any court regardless of the applicable standard of
review;'';
(B) in paragraph (8), by inserting ``, regardless whether
the crime was classified as an aggravated felony at the time
of conviction'' after ``(as defined in subsection (a)(43))'';
and
(C) by striking the first sentence in the undesignated
paragraph following paragraph (9) and inserting ``The fact
that any person is not within any of the foregoing classes
shall not preclude a discretionary finding for other reasons
that such a person is or was not of good moral character. The
Secretary and the Attorney General shall not be limited to
the applicant's conduct during the period for which good
moral character is required, but may take into consideration
as a basis for determination the applicant's conduct and acts
at any time.''.
(2) Aggravated felony effective date.--Section 509(b) of
the Immigration Act of 1990 (Public Law 101-649), as amended
by section 306(a)(7) of the Miscellaneous and Technical
Immigration and Naturalization Amendments of 1991 (Public Law
102-232)), is amended to read as follows:
``(b) Effective Date.--The amendment made by subsection (a)
shall take effect on November 29, 1990, and shall apply to
convictions occurring before, on, or after such date.''.
(3) Technical correction to the intelligence reform act.--
Section 5504(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3741)
is amended by striking ``adding at the end'' and inserting
``inserting after paragraph (8) and before the undesignated
paragraph at the end''.
(4) Effective dates.--
(A) In general.--The amendments made by paragraphs (1) and
(2) shall take effect on the date of the enactment of this
Act, shall apply to any act that occurred before, on, or
after such date, and shall apply to any application for
naturalization or any other benefit or relief or any other
case or matter under the immigration laws pending on, or
filed on or after, such date; or
(B) Intelligence reform and terrorism prevention act of
2004.--The amendments made by paragraph (3) shall take effect
as if included in the enactment of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118
Stat. 3638).

SEC. 306. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following new section:

``SEC. 219A. PROHIBITION ON PROVIDING IMMIGRATION BENEFITS TO
CERTAIN ALIENS.

``Nothing in this Act or any other provision of law shall
permit the Secretary of Homeland Security, the Attorney
General, the Secretary of State, the Secretary of Labor, or
any other authorized head of any 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 subparagraphs (A)(i),
(A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs
(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) Inadmissibility on Security and Related Grounds.--
Section 212(a)(3)(B)(ii)(I) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)(I)) is amended by
inserting ``is able to demonstrate, by clear and convincing
evidence, that such spouse or child'' after ``who''.

SEC. 307. REPEAL OF ADJUSTMENT OF STATUS OF CERTAIN ALIENS
PHYSICALLY PRESENT IN UNITED STATES UNDER
SECTION 245(I).

Section 245(i) of the Immigration and Nationality Act (8
U.S.C. 1255(i)) is repealed.

SEC. 308. GROUNDS OF INADMISSIBILITY AND REMOVABILITY FOR
PERSECUTORS.

(a) General Classes of Aliens Ineligible To Receive Visas
and Ineligible for Admission.--
(1) Persecution.--Section 212(a)(3)(E) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(A) in the header, by striking ``Nazi''; and
(B) by inserting after clause (iii) the following new
clause:
``(iv) Participation in other persecution.--Any alien who
ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion is inadmissible.''.
(2) Recommendations by consular officers.--Section
212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)(A)) by striking ``and clauses (i) and (ii) of
paragraph (3)(E)'' both places it appears and inserting ``or
3(E)''.
(b) General Classes of Deportable Aliens.--Section
237(a)(4)(D) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)(D)) is amended--
(1) in the header, by striking ``Nazi''; and
(2) by striking ``or (iii)'' and inserting ``(iii), or
(iv)''.
(c) Bar to Good Moral Character.--Section 101(f) of the
Immigration and Nationality Act (8 U.S.C. 1101(f)) is
amended--

[[Page S3061]]

(1) in paragraph (8), by striking ``or'';
(2) in paragraph (9), as added by section 5504(2) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3741), as amended by section
305(b)(3) of this Act, by striking the period at the end and
inserting a semicolon and ``or''; and
(3) inserting after paragraph (9), as added by section
5504(2) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3741), as amended
by section 305(b)(3) of this Act, and before the undesignated
paragraph at the end the following new paragraph:
``(10) one who at any time has ordered, incited, assisted,
or otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion.''.
(d) Voluntary Departure.--Section 240B of the Immigration
and Nationality Act (8 U.S.C. 1229c) is amended--
(1) in subsection (a)(1), by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and
inserting ``removable under section 237(a)(2)(A)(iii),
subparagraph (B) or (D) or section 237(a)(4), or section
212(a)(3)(E).''; and
(2) in subsection (b)(1)(C), by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and
inserting ``removable under section 237(a)(2)(A)(iii),
subparagraph (B) or (D) of section 237(a)(4), or section
212(a)(3)(E).''.
(e) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of such Act (8 U.S.C. 1327) is amended
by striking ``or 212(a)(3) (other than subparagraph (E)
thereof)'' and inserting ``, section 212(a)(3)''.

SEC. 309. TECHNICAL CORRECTIONS TO SEVIS REPORTING
REQUIREMENTS.

(a) Program To Collect Information Relating to Nonimmigrant
Foreign Students.--
(1) In general.--Section 641(a)(4) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(a)(4)) is amended--
(A) by striking ``Not later than 30 days after the deadline
for registering for classes for an academic term'' and
inserting ``Not later than the program start date (for new
students) or the next session start date (for continuing
students) of an academic term''; and
(B) by striking ``shall report to the Immigration and
Naturalization Service any failure of the alien to enroll or
to commence participation.'' and inserting ``shall report to
the Secretary of Homeland Security any failure to enroll or
to commence participation by the program start date or next
session start date, as applicable.''.
(2) Technical and conforming amendments.--
(A) Authority of the secretary of homeland security.--
Except as provided in subparagraph (B), section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1372) is amended by striking ``Attorney
General'' each place that term appears and inserting
``Secretary of Homeland Security''.
(B) Exceptions.--Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372) is amended--
(i) in subsections (b), (c)(4)(A), (c)(4)(B), (e)(1),
(e)(6), and (g) by inserting ``Secretary of Homeland Security
or the'' before ``Attorney General'' each place that term
appears;
(ii) by striking the heading of section (c)(4)(B) and
inserting ``Secretary of homeland security and attorney
general''; and
(iii) in subsection (f), by inserting ``the Secretary of
Homeland Security,'' before ``the Attorney General''.
(b) Clarification of Release of Information.--Section 641
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), as amended by
subsection (a), is further amended--
(1) in subsection (c)(1)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) in subparagraph (H), by striking the period and
inserting a semicolon and ``and''; and
(C) by adding at the end the following new subparagraph:
``(I) any other information the Secretary of Homeland
Security determines is necessary.''; and
(2) in subsection (c)(2), by adding at the end ``Approved
institutions of higher education or other approved
educational institutions shall release information regarding
alien students referred to in this section to the Secretary
of Homeland Security as part of such information collection
program or upon request.''.
TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY
Subtitle A--In General

SEC. 401. SHORT TITLE.

This title may be cited as the ``Employment Security Act of
2006''.

SEC. 402. FINDINGS.

Congress makes the following findings:
(1) The failure of Federal, State, and local governments to
control and sanction the unauthorized employment and unlawful
exploitation of illegal alien workers is a primary cause of
illegal immigration.
(2) The use of modern technology not available in 1986,
when the Immigration Reform and Control Act of 1986 (Public
Law 99-603; 100 Stat. 3359) created the I-9 worker
verification system, will enable employers to rapidly and
accurately verify the identity and work authorization of
their employees and independent contractors.
(3) The Government and people of the United States share a
compelling interest in protection of United States employment
authorization, income tax withholding, and social security
accounting systems, against unauthorized access by illegal
aliens.
(4) Limited data sharing between the Department of Homeland
Security, the Internal Revenue Service, and the Social
Security Administration is essential to the integrity of
these vital programs, which protect the employment and
retirement security of all working Americans.
(5) The Federal judiciary must be open to private United
States citizens, legal foreign workers, and law-abiding
enterprises that seek judicial protection against injury to
their wages and working conditions due to unlawful employment
of illegal alien workers and the United States enterprises
that utilize the labor or services provided by illegal
aliens, especially where lack of resources constrains
enforcement of Federal immigration law by Federal immigration
officials.
Subtitle B--Employment Eligibility Verification System

SEC. 411. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

(a) In General.--Section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)) is amended by adding at
the end the following:
``(7) Employment eligibility verification system.--
``(A) In general.--The Secretary of Homeland Security shall
establish and administer a verification system, known as the
Employment Eligibility Verification System, through which the
Secretary--
``(i) responds to inquiries made by persons at any time
through a toll-free telephone line and other toll-free
electronic media concerning an individual's identity and
whether the individual is authorized to be employed; and
``(ii) maintains records of the inquiries that were made,
of verifications provided (or not provided), and of the codes
provided to inquirers as evidence of their compliance with
their obligations under this section.
``(B) Initial response.--The verification system shall
provide verification or a tentative nonverification of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing
verification or tentative nonverification, the verification
system shall provide an appropriate code indicating such
verification or such nonverification.
``(C) Secondary verification process in case of tentative
nonverification.--In cases of tentative nonverification, the
Secretary shall specify, in consultation with the
Commissioner of Social Security, an available secondary
verification process to confirm the validity of information
provided and to provide a final verification or
nonverification within 10 working days after the date of the
tentative nonverification. When final verification or
nonverification is provided, the verification system shall
provide an appropriate code indicating such verification or
nonverification.
``(D) Design and operation of system.--The verification
system shall be designed and operated--
``(i) to maximize its reliability and ease of use by
persons and other entities consistent with insulating and
protecting the privacy and security of the underlying
information;
``(ii) to respond to all inquiries made by such persons and
entities on whether individuals are authorized to be employed
and to register all times when such inquiries are not
received;
``(iii) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
``(iv) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--

``(I) the selective or unauthorized use of the system to
verify eligibility;
``(II) the use of the system prior to an offer of
employment; or
``(III) the exclusion of certain individuals from
consideration for employment as a result of a perceived
likelihood that additional verification will be required,
beyond what is required for most job applicants.

``(E) Responsibilities of the commissioner of social
security.--As part of the verification system, the
Commissioner of Social Security, in consultation with the
Secretary of Homeland Security (and any designee of the
Secretary selected to establish and administer the
verification system), shall establish a reliable, secure
method, which, within the time periods specified under
subparagraphs (B) and (C), compares the name and social
security account number provided in an inquiry against such
information maintained by the Commissioner in order to
validate (or not validate) the information provided regarding
an individual whose identity and employment eligibility must
be confirmed, the correspondence of the name and number, and
whether the individual has presented a social security
account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such verification or nonverification)
except as provided for in this section or section
205(c)(2)(I) of the Social Security Act.

[[Page S3062]]

``(F) Responsibilities of the secretary of homeland
security.--(i) As part of the verification system, the
Secretary of Homeland Security (in consultation with any
designee of the Secretary selected to establish and
administer the verification system), shall establish a
reliable, secure method, which, within the time periods
specified under subparagraphs (B) and (C), compares the name
and alien identification or authorization number which are
provided in an inquiry against such information maintained by
the Secretary in order to validate (or not validate) the
information provided, the correspondence of the name and
number, and whether the alien is authorized to be employed in
the United States.
``(ii) When a single employer has submitted to the
verification system pursuant to paragraph (3)(A) the
identical social security account number in more than one
instance, or when multiple employers have submitted to the
verification system pursuant to such paragraph the identical
social security account number, in a manner which indicates
the possible fraudulent use of that number, the Secretary of
Homeland Security shall conduct an investigation, within the
time periods specified in subparagraphs (B) and (C), in order
to ensure that no fraudulent use of a social security account
number has taken place. If the Secretary has selected a
designee to establish and administer the verification system,
the designee shall notify the Secretary when a single
employer has submitted to the verification system pursuant to
paragraph (3)(A) the identical social security account number
in more than one instance, or when multiple employers have
submitted to the verification system pursuant to such
paragraph the identical social security account number, in a
manner which indicates the possible fraudulent use of that
number. The designee shall also provide the Secretary with
all pertinent information, including the name and address of
the employer or employers who submitted the relevant social
security account number, the relevant social security account
number submitted by the employer or employers, and the
relevant name and date of birth of the employee submitted by
the employer or employers.
``(G) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes maximum accuracy
and shall provide a process for the prompt correction of
erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in subparagraph (C).
``(H) Limitation on use of the verification system and any
related systems.--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 Government to utilize any information, database, or
other records assembled under this subsection for any purpose
other than the enforcement and administration of the
immigration laws, the Social Security Act, or any provision
of Federal criminal law.
``(I) Federal tort claims act.--If an individual alleges
that the individual would not have been dismissed from a job
but for an error of the verification mechanism, the
individual may seek compensation only through the mechanism
of the Federal Tort Claims Act, and injunctive relief to
correct such error. No class action may be brought under this
subparagraph.
``(J) Protection from liability for actions taken on the
basis of information.--No person or entity shall be civilly
or criminally liable for any action taken in good faith
reliance on information provided through the employment
eligibility verification mechanism established under this
paragraph.''.
(b) Repeal of Provision Relating to Evaluations and Changes
in Employment Verification.--Section 274A(d) (8 U.S.C.
1324a(d)) is repealed.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of the enactment of
this Act.

SEC. 412. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

(a) In General.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subsection (a)(3), by inserting ``(A)'' after
``Defense.--'', and by adding at the end the following:
``(B) Failure to seek and obtain verification.--In the case
of a person or entity in the United States that hires, or
continues to employ, an individual, or recruits or refers an
individual for employment, the following requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or entity has not made an
inquiry, under the mechanism established under subsection
(b)(7), seeking verification of the identity and work
eligibility of the individual, by not later than the end of 3
working days (as specified by the Secretary of Homeland
Security) after the date of the hiring, the date specified in
subsection (b)(8)(B) for previously hired individuals, or
before the recruiting or referring commences, the defense
under subparagraph (A) shall not be considered to apply with
respect to any employment, except as provided in subclause
(II).
``(II) Special rule for failure of verification
mechanism.--If such a person or entity in good faith attempts
to make an inquiry in order to qualify for the defense under
subparagraph (A) and the verification mechanism has
registered that not all inquiries were responded to during
the relevant time, the person or entity can make an inquiry
until the end of the first subsequent working day in which
the verification mechanism registers no nonresponses and
qualify for such defense.
``(ii) Failure to obtain verification.--If the person or
entity has made the inquiry described in clause (i)(I) but
has not received an appropriate verification of such identity
and work eligibility under such mechanism within the time
period specified under subsection (b)(7)(B) after the time
the verification inquiry was received, the defense under
subparagraph (A) shall not be considered to apply with
respect to any employment after the end of such time
period.'';
(2) by amending subparagraph (A) of subsection (b)(1) to
read as follows:
``(A) In general.--The person or entity must attest, under
penalty of perjury and on a form designated or established by
the Secretary by regulation, that it has verified that the
individual is not an unauthorized alien by--
``(i) obtaining from the individual the individual's social
security account number and recording the number on the form
(if the individual claims to have been issued such a number),
and, if the individual does not attest to United States
citizenship under paragraph (2), obtaining such
identification or authorization number established by the
Department of Homeland Security for the alien as the
Secretary of Homeland Security may specify, and recording
such number on the form; and
``(ii)(I) examining a document described in subparagraph
(B); or
``(II) examining a document described in subparagraph (C)
and a document described in subparagraph (D).

A person or entity has complied with the requirement of this
paragraph with respect to examination of a document if the
document reasonably appears on its face to be genuine,
reasonably appears to pertain to the individual whose
identity and work eligibility is being verified, and, if the
document bears an expiration date, that expiration date has
not elapsed. If an individual provides a document (or
combination of documents) that reasonably appears on its face
to be genuine, reasonably appears to pertain to the
individual whose identity and work eligibility is being
verified, and is sufficient to meet the first sentence of
this paragraph, nothing in this paragraph shall be construed
as requiring the person or entity to solicit the production
of any other document or as requiring the individual to
produce another document.'';
(3) in subsection (b)(1)(D)--
(A) in clause (i), by striking ``or such other personal
identification information relating to the individual as the
Attorney General finds, by regulation, sufficient for
purposes of this section''; and
(B) in clause (ii), by inserting before the period ``and
that contains a photograph of the individual'';
(4) in subsection (b)(2), by adding at the end the
following: ``The individual must also provide that
individual's social security account number (if the
individual claims to have been issued such a number), and, if
the individual does not attest to United States citizenship
under this paragraph, such identification or authorization
number established by the Department of Homeland Security for
the alien as the Secretary may specify.'';
(5) by amending paragraph (3) of subsection (b) to read as
follows:
``(3) Retention of verification form and verification.--
``(A) In general.--After completion of such form in
accordance with paragraphs (1) and (2), the person or entity
shall--
``(i) retain a paper, microfiche, microfilm, or electronic
version of the form and make it available for inspection by
officers of the Department of Homeland Security, the Special
Counsel for Immigration-Related Unfair Employment Practices,
or the Department of Labor during a period beginning on the
date of the hiring, recruiting, or referral of the individual
or the date of the completion of verification of a previously
hired individual and ending--

``(I) in the case of the recruiting or referral of an
individual, three years after the date of the recruiting or
referral;
``(II) in the case of the hiring of an individual, the
later of--

``(aa) three years after the date of such hiring; or
``(bb) one year after the date the individual's employment
is terminated; and

``(III) in the case of the verification of a previously
hired individual, the later of--

``(aa) three years after the date of the completion of
verification; or
``(bb) one year after the date the individual's employment
is terminated;
``(ii) make an inquiry, as provided in paragraph (7), using
the verification system to seek verification of the identity
and employment eligibility of an individual, by not later
than the end of 3 working days (as specified by the Secretary
of Homeland Security) after the date of the hiring or in the
case of previously hired individuals, the date specified in
subsection (b)(8)(B), or before the recruiting or referring
commences; and

[[Page S3063]]

``(iii) not commence recruitment or referral of the
individual until the person or entity receives verification
under subparagraph (B)(i) or (B)(iii).
``(B) Verification.--
``(i) Verification received.--If the person or other entity
receives an appropriate verification of an individual's
identity and work eligibility under the verification system
within the time period specified, the person or entity shall
record on the form an appropriate code that is provided under
the system and that indicates a final verification of such
identity and work eligibility of the individual.
``(ii) Tentative nonverification received.--If the person
or other entity receives a tentative nonverification of an
individual's identity or work eligibility under the
verification system within the time period specified, the
person or entity shall so inform the individual for whom the
verification is sought. If the individual does not contest
the nonverification within the time period specified, the
nonverification shall be considered final. The person or
entity shall then record on the form an appropriate code
which has been provided under the system to indicate a
tentative nonverification. If the individual does contest the
nonverification, the individual shall utilize the process for
secondary verification provided under paragraph (7). The
nonverification will remain tentative until a final
verification or nonverification is provided by the
verification system within the time period specified. In no
case shall an employer terminate employment of an individual
because of a failure of the individual to have identity and
work eligibility confirmed under this section until a
nonverification becomes final. Nothing in this clause shall
apply to a termination of employment for any reason other
than because of such a failure.
``(iii) Final verification or nonverification received.--If
a final verification or nonverification is provided by the
verification system regarding an individual, the person or
entity shall record on the form an appropriate code that is
provided under the system and that indicates a verification
or nonverification of identity and work eligibility of the
individual.
``(iv) Extension of time.--If the person or other entity in
good faith attempts to make an inquiry during the time period
specified and the verification system has registered that not
all inquiries were received during such time, the person or
entity may make an inquiry in the first subsequent working
day in which the verification system registers that it has
received all inquiries. If the verification system cannot
receive inquiries at all times during a day, the person or
entity merely has to assert that the entity attempted to make
the inquiry on that day for the previous sentence to apply to
such an inquiry, and does not have to provide any additional
proof concerning such inquiry.
``(v) Consequences of nonverification.--

``(I) Termination or notification of continued
employment.--If the person or other entity has received a
final nonverification regarding an individual, the person or
entity may terminate employment of the individual (or decline
to recruit or refer the individual). If the person or entity
does not terminate employment of the individual or proceeds
to recruit or refer the individual, the person or entity
shall notify the Secretary of Homeland Security of such fact
through the verification system or in such other manner as
the Secretary may specify.
``(II) Failure to notify.--If the person or entity fails to
provide notice with respect to an individual as required
under subclause (I), the failure is deemed to constitute a
violation of subsection (a)(1)(A) with respect to that
individual.

``(vi) Continued employment after final nonverification.--
If the person or other entity continues to employ (or to
recruit or refer) an individual after receiving final
nonverification, a rebuttable presumption is created that the
person or entity has violated subsection (a)(1)(A).'';
(6) by amending paragraph (4) of subsection (b) to read as
follows:
``(4) Copying and record keeping of documentation
required.--
``(A) Lawful employment documents.--Notwithstanding any
other provision of law, a person or entity shall retain a
copy of each document presented by an individual to the
individual or entity pursuant to this subsection. Such copy
may only be used (except as otherwise permitted under law)
for the purposes of complying with the requirements of this
subsection and shall be maintained for a time period to be
determined by the Secretary of Homeland Security.
``(B) Social security correspondence.--A person or entity
shall maintain records of correspondence from the
Commissioner of Social Security regarding name and number
mismatches or no-matches and the steps taken to resolve such
mismatches or no-matches. The employer shall maintain such
records for a time period to be determined by the Secretary.
``(C) Other documents.--The Secretary may, by regulation,
require additional documents to be copied and maintained.'';
and
(7) by amending paragraph (5) of subsection (b) to read as
follows:
``(5) Use of attestation form.--A form designated by the
Secretary to be used for compliance with this subsection, and
any information contained in or appended to such form, may
not be used for purposes other than for enforcement of this
chapter or of title 18, United States Code.''.
(b) Investigation Not a Warrantless Entry.--Section 287(e)
of the Immigration and Nationality Act (8 U.S.C. 1357(e)) is
amended by adding at the end the following: ``An
investigation authorized pursuant to subsections (b)(7) or
(e) of section 274A is not a warrantless entry.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of the enactment of
this Act.

SEC. 413. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION
SYSTEM TO PREVIOUSLY HIRED INDIVIDUALS AND
RECRUITING AND REFERRING.

(a) Application to Recruiting and Referring.--Section 274A
of the Immigration and Nationality Act (8 U.S.C. 1324a) is
amended--
(1) in subsection (a)(1)(A), by striking ``for a fee'';
(2) in subsection (a)(1), by amending subparagraph (B) to
read as follows:
``(B) to hire, continue to employ, or to recruit or refer
for employment in the United States an individual without
complying with the requirements of subsection (b).'';
(3) in subsection (a)(2) by striking ``after hiring an
alien for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''; and
(4) in subsection (a)(3), as amended by section 702, is
further amended by striking ``hiring,'' and inserting
``hiring, employing,'' each place it appears.
(b) Employment Eligibility Verification for Previously
Hired Individuals.--Section 274A(b) of such Act (8 U.S.C.
1324a(b)), as amended by section 411(a), is amended by adding
at the end the following new paragraph:
``(8) Use of employment eligibility verification system for
previously hired individuals.--
``(A) On a voluntary basis.--Beginning on the date that is
2 years after the date of the enactment of the Employment
Security Act of 2006 and until the date specified in
subparagraph (B)(iii), a person or entity may make an
inquiry, as provided in paragraph (7), using the verification
system to seek verification of the identity and employment
eligibility of any individual employed by the person or
entity, as long as it is done on a nondiscriminatory basis.
``(B) On a mandatory basis.--
``(i) Initial compliance.--A person or entity described in
clause (ii) shall make an inquiry as provided in paragraph
(7), using the verification system to seek verification of
the identity and employment eligibility of all individuals
employed by the person or entity who have not been previously
subject to an inquiry by the person or entity by the date 3
years after the date of the enactment of the Employment
Security Act of 2006.
``(ii) Person or entity covered.--A person or entity is
described in this clause if it is a Federal, State, or local
governmental body (including the Armed Forces of the United
States), or if it employs individuals working in a location
that is a Federal, State, or local government building, a
military base, a nuclear energy site, a weapon site, an
airport, or that contains critical infrastructure (as defined
in section 1016(e) of the Critical Infrastructure Protection
Act of 2001 (42 U.S.C. 5195c(e))), but only to the extent of
such individuals.
``(iii) Subsequent compliance.--All persons and entities
other than a person or entity described in clause (ii) shall
make an inquiry, as provided in paragraph (7), using the
verification system to seek verification of the identity and
employment eligibility of all individuals employed by the
person or entity that have not been previously subject to an
inquiry by the person or entity by the date 6 years after the
date of the enactment of the Employment Security Act of
2006.''.

SEC. 414. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF
DAY LABORER SHELTERS.

Paragraph 274A(h)(2) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(2)) is amended--
(1) by striking ``imposing'', and inserting a dash and
``(A) imposing'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(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.''.

SEC. 415. BASIC PILOT PROGRAM.

Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
amended by striking ``at the end of the 11-year period
beginning on the first day the pilot program is in effect''
and inserting ``2 years after the date of the enactment of
the Employment Security Act of 2006''.

SEC. 416. PROTECTION FOR UNITED STATES WORKERS AND
INDIVIDUALS REPORTING IMMIGRATION LAW
VIOLATIONS.

Section 274B(a) of the Immigration and Nationality Act (8
U.S.C. 1324b(a)) is amended by adding at the end the
following:
``(7) Protection of right to report.--Notwithstanding any
other provision of law, the rights protected by this
subsection include the right of any individual to report a
violation or suspected violation of any immigration law to
the Secretary of Homeland Security or a law enforcement
agency.''.

[[Page S3064]]

SEC. 417. PENALTIES.

(a) Civil and Criminal Penalties.--Section 274A(e)(4) of
the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is
amended to read:
``(4) Civil and criminal penalties.--
``(A) Knowingly hiring unauthorized aliens.--Any person or
entity that violates subsection (a)(1)(A) shall--
``(i) in the case of a first offense, be fined $10,000 for
each unauthorized alien;
``(ii) (in the case of a second offense, be fined $50,000
for each unauthorized alien; and
``(iii) in the case of a third or subsequent offense, be
fined in accordance with title 18, United States Code,
imprisoned not less than 1 year and not more than 3 years, or
both.
``(B) Continuing employment of unauthorized aliens.--Any
person or entity that violates subsection (a)(2) shall be
fined in accordance of title 18, United States Code,
imprisoned not less than 1 year and not more than 3 years, or
both.''.
(b) Paperwork or Verification Violations.--Section
274A(e)(5) of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended to read:
``(5) Paperwork or verification violations.--Any person or
entity that violates subsection (a)(1)(B) shall--
``(A) in the case of a first offense, be fined $1,000 for
each violation;
``(B) in the case of a second violation, be fined $5,000
for each violation; and
``(C) in the case of a third and subsequent violation, be
fined $10,000 for each such violation.''.
(c) Government Contracts.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is
amended by adding at the end the following new paragraph:
``(10) Government contracts.--
``(A) Employers.--
``(i) In general.--If the Secretary of Homeland Secretary
determines that a person or entity that employs an alien is a
repeat violator of this section or is convicted of a crime
under this section, such person or entity shall be debarred
from the receipt of a Federal contract, grant, or cooperative
agreement for a period of 2 years. The Secretary of Homeland
Security 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 2-year period.
``(ii) Waiver.--The Administrator of General Services, in
consultation with the Secretary of Homeland Security and
Attorney General, may waive the application of this
subparagraph or may limit the duration or scope of the
debarment imposed under it.
``(iii) Prohibition on judicial review.--Any proposed
debarment that is predicated on an administrative
determination of liability for civil penalty by the Secretary
of Homeland Security or the Attorney General may not be
reviewable in any debarment proceeding. The decision of
whether to debar or take alternation may not be reviewed by
any court.
``(B) Contractors and recipients.--
``(i) In general.--If the Secretary of Homeland Security
determines that a person or entity that employs an alien and
holds a Federal contract, grant, or cooperative agreement is
a repeat violator of this section or is convicted of a crime
under this section, such person or entity shall be debarred
from the receipt of a Federal contract, grant, or cooperative
agreement for a period of 2 years. Prior to debarring the
employer, the Secretary of Homeland Security, in cooperation
with the Administrator of General Services, shall advise the
head of each agency holding such a contract, grant, or
cooperative agreement with person or entity 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.
``(ii) Waiver.--After consideration of the views of the
head of each such agency, the Secretary of Homeland Security
may, in lieu of debarring the employer from the receipt of
new a Federal contract, grant, or cooperative agreement for a
period of 2 years, waive application of this subparagraph,
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.
``(iii) Prohibition on review.--Any proposed debarment that
is predicated on an administrative determination of liability
for civil penalty by the Secretary of Homeland Security or
the Attorney General may not be reviewable in any debarment
proceeding. The decision of whether to debar or take
alternation may not be reviewed by any court.
``(C) Cause for suspension.--Indictments for violations of
this section or adequate evidence of actions that could form
the basis for debarment under this paragraph shall be
considered a cause for suspension under the procedures and
standards for suspension prescribed by the Federal
Acquisition Regulation.
``(D) Applicability.--The provisions of this paragraph
shall apply to any Federal contract, grant, or cooperative
agreement that is effective on or after the date of the
enactment of the Employment Security Act of 2006.''.
(d) Criminal Penalties for Pattern or Practice
Violations.--Section 274A(f)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(f)(1)) is amended to read as
follows:
``(1) Criminal penalty.--Any person or entity engages in a
pattern or practice of violations of subsection (a)(1) or (2)
shall be fined not more than $50,000 for each unauthorized
alien with respect to which such a violation occurs,
imprisoned for not less than 3 years and not more than 5
years, or both, notwithstanding the provisions of any other
Federal law relating to fine levels. The amount of the gross
proceeds of such violation, and any property traceable to
such proceeds, shall be seized and subject to forfeiture
under title 18, United States Code.''.
(e) Authority of the Secretary of Homeland Security.--
Subsections (b)(2) and (f)(2) of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a) are amended
by striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
Subtitle C--Work Eligibility Verification Reform in the Social Security
Administration

SEC. 421. VERIFICATION RESPONSIBILITIES OF THE COMMISSIONER
OF SOCIAL SECURITY.

The Commissioner of Social Security is authorized to
perform activities with respect to carrying out the
Commissioner's responsibilities in this title or the
amendments made by this title, however in no case shall funds
from the Federal Old-Age and Survivors Insurance Trust Fund
or the Federal Disability Insurance Trust Fund be used to
carry out such responsibilities.

SEC. 422. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT
SOCIAL SECURITY INFORMATION.

The Commissioner of Social Security shall promptly notify
the Secretary of Homeland Security of the failure of any
individual to provide, upon any request of the Commissioner
made pursuant to section 205(c)(2) of the Social Security Act
(42 U.S.C. 405(c)(2)), evidence necessary, under such section
to--
(1) establish the age, citizenship, immigration or work
eligibility status of the individual;
(2) establish such individual's true identity; or
(3) determine which (if any) social security account number
has previously been assigned to such individual.

SEC. 423. RESTRICTION ON ACCESS AND USE.

Section 205(c)(2) of the Social Security Act (42 U.S.C.
405(c)(2)) is amended by adding at the end the following new
subparagraph:
``(I)(i) Access to any information contained in the
Employment Eligibility Verification System established
section 274A(b)(7) of the Immigration and Nationality Act,
shall be prohibited for any purpose other than the
administration or enforcement of Federal immigration, social
security, and tax laws, any provision of title 18, United
States Code, or as otherwise authorized by Federal law.
``(ii) No person or entity may use the information in such
Employment Eligibility Verification System for any purpose
other than as permitted by Federal law.
``(iii) Whoever knowingly uses, discloses, publishes, or
permits the unauthorized use of information in such
Employment Eligibility Verification System in violation of
clause (i) or (ii) shall be fined not more than $10,000 per
individual injured by such violation. The Commissioner of
Social Security shall establish procedure to ensure that 60
percent of any fine imposed under this clause is awarded to
the individual injured by such violation.''.

SEC. 424. SHARING OF INFORMATION WITH THE COMMISSIONER OF
INTERNAL REVENUE SERVICE.

Section 205(c)(2)(H) of the Social Security Act (42 U.S.C.
405(c)(2)(H)) is amended to read as follows:
``(H) The Commissioner of Social Security shall share with
the Secretary of the Treasury--
``(i) the information obtained by the Commissioner pursuant
to the second sentence of subparagraph (B)(ii) and to
subparagraph (C)(ii) for the purpose of administering those
sections of the Internal Revenue Code of 1986 that grant tax
benefits based on support or residence of children; and
``(ii) information relating to the detection of wages or
income from self-employment of unauthorized aliens (as
defined by section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a)), or the investigation of false
statements or fraud by such persons incident to the
administration of immigration, social security, or tax laws
of the United States.

Information disclosed under this subparagraph shall be solely
for the use of the officers and employees to whom such
information is disclosed in such response or
investigation.''.

SEC. 425. SHARING OF INFORMATION WITH THE SECRETARY OF
HOMELAND SECURITY.

(a) Amendment to the Social Security Act.--Section
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)),
as amended by section 423, is amended by adding at the end
the following new subparagraph:
``(J) Upon the issuance of a social security account number
under subparagraph (B) to any individual or the issuance of a
Social Security card under subparagraph (G) to any
individual, the Commissioner of social security shall
transmit to the Secretary of Homeland Security such
information received by the Commissioner in the individual's
application for such number or such card as the Secretary of
Homeland Security determines necessary and appropriate for
administration of the immigration laws of the United
States.''.

[[Page S3065]]

(b) Amendments to the Immigration and Nationality Act.--
(1) Forms and procedures.--Section 264(f) of the
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended
to read as follows:
``(f) Notwithstanding any other provision of law (including
section 6103 of title 26, United States Code), the Secretary
of Homeland Security, Secretary of Labor and the Attorney
General are authorized to require any individual to provide
the individual's own social security account number for
purposes of inclusion in any record of the individual
maintained by any of any such Secretary or the Attorney
General, or for inclusion on any application, document, or
form provided under or required by the immigration laws.''.
(2) Central file.--Section 290(c) of the Immigration and
Nationality Act (8 U.S.C. 1360(c)) is amended by striking
paragraph (2) and inserting the following new paragraphs:
``(2) Notwithstanding any other provision of law (including
section 6103 of title 26, United States Code) if earnings are
reported on or after January 1, 1997, to the Commissioner of
Social Security on a social security account number issued to
an alien who is not authorized to work in the United States,
the Commissioner shall provide the Secretary of Homeland
Security with information regarding the name, date of birth,
and address of the alien, the name and address of the person
reporting the earnings, and the amount of the earnings. The
information shall be provided in an electronic form agreed
upon by the Commissioner and the Secretary.
``(3) Notwithstanding any other provision of law (including
section 6103 of title 26, United States Code), the
Commissioner of Social Security shall provide the Secretary
of Homeland Security information regarding the name, date of
birth, and address of an individual, as well as the name and
address of the person reporting the earnings, in any case
where a social security account number does not match the
name in the Social Security Administration record. The
information shall be provided in an electronic form agreed
upon by the Commissioner and the Secretary for the sole
purpose of enforcing the immigration laws. The Secretary, in
consultation with the Commissioner, may limit or modify these
requirements as appropriate to identify those cases posing
the highest possibility of fraudulent use of social security
account numbers related to violation of the immigration laws.
``(4) Notwithstanding any other provision of law (including
section 6103 of title 26, United States Code), the
Commissioner of Social Security shall provide the Secretary
of Homeland Security information regarding the name, date of
birth, and address of an individual, as well as the name and
address of the person reporting the earnings, in any case
where the individual has more than one person reporting
earnings for the individual during a single tax year and
where a social security number was used with multiple names.
The information shall be provided in an electronic form
agreed upon by the Commissioner and the Secretary for the
sole purpose of enforcing the immigration laws. The
Secretary, in consultation with the Commissioner, may limit
or modify these requirements as appropriate to identify those
cases posing the highest possibility of fraudulent use of
social security account numbers related to violation of the
immigration laws.
``(5)(A) The Commissioner of Social Security shall perform,
at the request of the Secretary of Homeland Security, any
search or manipulation of records held by the Commissioner,
so long as the Secretary certifies that the purpose of the
search or manipulation is to obtain information likely to
assist in identifying individuals (and their employers) who--
``(i) are using false names or social security numbers; who
are sharing among multiple individuals a single valid name
and social security number;
``(ii) are using the social security number of persons who
are deceased, too young to work or not authorized to work; or
``(iii) are otherwise engaged in a violation of the
immigration laws.
``(B) The Commissioner shall provide the results of such
search or manipulation to the Secretary, notwithstanding any
other provision of law (including section 6103 of title 26,
United States Code). The Secretary shall transfer to the
Commissioner the funds necessary to cover the additional cost
directly incurred by the Commissioner in carrying out the
searches or manipulations reported by the Secretary.''.
Subtitle D--Sharing of Information

SEC. 431. SHARING OF INFORMATION WITH THE SECRETARY OF
HOMELAND SECURITY AND THE COMMISSIONER OF
SOCIAL SECURITY.

(a) Amendment to the Internal Revenue Code of 1986.--
Section 6103(i) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(9) Disclosure of information relating to violations of
federal immigration law.--
``(A) Upon receipt by the Secretary of the Treasury of a
written request, by the Secretary of Homeland Security or
Commissioner of Social Security, the Secretary of the
Treasury shall disclose return information to officers and
employees of the Department of Homeland Security and the
Social Security Administration who are personally and
directly engaged in--
``(i) preparation for any judicial or administrative civil
or criminal enforcement proceeding against an alien under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
other than the adjudication of any application for a change
in immigration status or other benefit by such alien, or
``(ii) preparation for a civil or criminal enforcement
proceeding against a citizen or national of the United States
under section 274, 274A, or 274C of the Immigration and
Nationality Act (8 U.S.C. 1324, 1324a, or 1324c), or
``(iii) any investigation which may result in the
proceedings enumerated in clauses (i) and (ii) above.
``(B) Limitation on use and retention of tax return
information.--
``(i) Information disclosed under this paragraph shall be
solely for the use of the officers and employees to whom such
information is disclosed in such response or investigation.
``(ii) Should the proceeding for which such information has
been disclosed not commence within 3 years after the date on
which the information has been disclosed by the Secretary,
the information shall be returned to the Secretary in its
entirety, and shall not be retained in any form by the
requestor, unless the taxpayer is notified in writing as to
the information that has been retained.''.
(b) Amendment to the Immigration and Nationality Act.--
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended by adding at the end the following new
subsection:
``(i) No-Match Notice.--
``(1) No-match notice defined.--In this subsection, the
term `no-match notice' means a 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.
``(2) Provision of information.--
``(A) Requirement to provide.--Notwithstanding any other
provision of law (including section 6103 of title 26, United
States Code), the Commissioner shall provide the Secretary of
Homeland Security with information relating to employers who
have received no-match notices and, upon request, with such
additional information as the Secretary certifies is
necessary to administer or enforce the immigration laws.
``(B) Form of information.--The information shall be
provided in an electronic form agreed upon by the
Commissioner and the Secretary.
``(C) Use of information.--A no-match notice received by
the Secretary from the Commissioner may be used as evidence
in any civil or criminal proceeding.
``(3) Other authorities.--
``(A) Verification requirement.--The Secretary, in
consultation with the Commissioner, is authorized to
establish by regulation requirements for verifying the
identity and work authorization of an employee who is the
subject of a no-match notice.
``(B) Penalties.--The Secretary is authorized to establish
by regulation penalties for failure to comply with this
subsection.
``(C) Limitation on authorities.--This authority in this
subsection is provided in aid of the Secretary's authority to
administer and enforce the immigration laws, and nothing in
this subsection shall be construed to authorize the Secretary
to establish any regulation regarding the administration or
enforcement of laws otherwise relating to taxation or the
Social Security system.''.
Subtitle E--Identification Document Integrity

SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS.

(a) Acceptance of Foreign Identification Documents.--
(1) In general.--Subject to paragraph (3), for purposes of
personal identification, no agency, commission, entity, or
agent of the executive or legislative branches of the Federal
Government may accept, acknowledge, recognize, or rely on any
identification document issued by the government of a foreign
country, unless otherwise mandated by Federal law.
(2) Agent defined.--In this section, the term ``agent''
shall include the following:
(A) A Federal contractor or grantee.
(B) An institution or entity exempted from Federal income
taxation under the Internal Revenue Code of 1986.
(C) A financial institution required to ask for
identification under section 5318(l) of title 31, United
States Code.
(3) Exceptions.--
(A) In general.--An individual who is not a citizen or
national of the United States may present for purposes of
personal identification an official identification document
issued by the government of a foreign country or other
foreign identification document recognized pursuant to a
treaty entered into by the United States, if--
(i) such individual simultaneously presents valid
verifiable documentation of lawful presence in the United
States issued by the appropriate agency of the Federal
Government;
(ii) reporting a violation of law or seeking government
assistance in an emergency;
(iii) the document presented is a passport issued to a
citizen or national of a country that participates in the
visa waiver program established under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) by the
government of such country; or
(iv) such use is expressly permitted another provision of
Federal law.
(B) Nonapplication.--The provisions of paragraph (1) shall
not apply to--
(i) inspections of alien applicants for admission to the
United States; or

[[Page S3066]]

(ii) verification of personal identification of persons
outside the United States.
(4) Listing of acceptable documents.--The Secretary of
Homeland Security shall issue and maintain an updated public
listing, compiled in consultation with the Secretary of
State, and including sample facsimiles, of all acceptable
Federal documents that satisfy the requirements of paragraph
(3)(A).
(b) Establishment of Personal Identity.--Section 274C(a) of
the Immigration and Nationality Act (8 U.S.C. 1324c(a)) is
amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a comma and ``or''; and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) to use to establish personal identity, before any
agent of the Federal Government, or before any agency of the
Federal Government or of a State or any political subdivision
therein, a travel or identification document issued by a
foreign government that is not accepted by the Secretary of
Homeland Security to establish personal identity for purposes
of admission to the United States at a port of entry,
except--
``(A) in the case of a person who is not a citizen of the
United States--
``(i) the person simultaneously presents valid verifiable
documentation of lawful presence in the United States issued
by an agency of the Federal Government;
``(ii) the person is reporting a violation of law or
seeking government assistance in an emergency; or
``(iii) such use is expressly permitted by Federal law.''.

SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION
DOCUMENTS.

(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) in the heading, by striking ``ENTRY AND EXIT
DOCUMENTS'' and inserting ``TRAVEL, ENTRY, AND EVIDENCE OF
STATUS DOCUMENTS'';
(2) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004, the
Attorney General'' and inserting ``The Secretary of Homeland
Security''; and
(B) by striking ``visas and'' each place it appears and
inserting ``visas, evidence of status, and'';
(3) by striking subsection (d) and inserting 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 immigrant, nonimmigrant, parole, asylee, or refugee
status, shall be machine-readable, tamper-resistant, and
incorporate a biometric identifier to allow the Secretary of
Homeland Security to electronically verify the identity and
status of the alien.
``(e) Funding.--
``(1) Authorization of appropriation.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section, including reimbursements to international and
domestic standards organizations.
``(2) Fee.--During any fiscal year for which appropriations
sufficient to issue documents described in subsection (d) are
not made pursuant to law, the Secretary of Homeland Security
is authorized to implement and collect a fee sufficient to
cover the direct cost of issuance of such document from the
alien to whom the document will be issued.
``(3) Exception.--The fee described in paragraph (2) may
not be levied against nationals of a foreign country if the
Secretary of Homeland has determined that the total estimated
population of such country who are unlawfully present in the
United States does not exceed 3,000 aliens.''.
(b) Technical Amendment.--The table of contents in section
1(b) of the Enhanced Border Security and Visa Entry Reform
Act of 2002 (Public Law 107-173; 116 Stat. 543) is amended by
striking the item relating to section 303 and inserting the
following:

``Sec. 303. Machine-readable, tamper-resistant travel, entry, and
evidence of status documents.''.
Subtitle F--Effective Date; Authorization of Appropriations

SEC. 451. EFFECTIVE DATE.

Except as otherwise specially provided in this Act, the
provisions of this title shall take effect not later than 45
days after the date of the enactment of this Act.

SEC. 452. AUTHORIZATION OF APPROPRIATIONS.

In addition to amounts otherwise authorized to be
appropriated, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2007
through 2011 to carry out this title.
TITLE V--PENALTIES AND ENFORCEMENT
Subtitle A--Criminal and Civil Penalties

SEC. 501. ALIEN SMUGGLING AND RELATED OFFENSES.

(a) In General.--Section 274 of the Immigration and
Nationality Act (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.--Whoever--
``(A) assists, encourages, directs, or induces a person to
come to or enter the United States, or to attempt to come to
or enter the United States, knowing or in reckless disregard
of the fact that such person is an alien who lacks lawful
authority to come to or enter the United States;
``(B) assists, encourages, directs, or induces a person to
come to or enter 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, regardless of whether
such person has official permission or lawful authority to be
in the United States, knowing or in reckless disregard of the
fact that such person is an alien;
``(C) assists, encourages, directs, or induces a person to
reside in or remain in the United States, or to attempt to
reside in 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;
``(D) 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, where the transportation or movement will aid
or further in any manner the person's illegal entry into or
illegal presence in the United States;
``(E) 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;
``(F) 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 one country to another or on the
high seas, under circumstances in which the person is in fact
seeking to enter the United States without official
permission or lawful authority; or
``(G) conspires or attempts to commit any of the preceding
acts,
shall be punished as provided in paragraph (2), regardless of
any official action which may later be taken with respect to
such alien.
``(2) Criminal penalties.--A person who violates the
provisions of paragraph (1) shall--
``(A) except as provided in subparagraphs (D) through (H),
in the case where the offense was not committed for
commercial advantage, profit, or private financial gain, be
imprisoned for not more than 5 years, or fined under title
18, United States Code, or both;
``(B) except as provided in subparagraphs (C) through (H),
where the offense was committed for commercial advantage,
profit, or private financial gain--
``(i) in the case of a first violation of this
subparagraph, be imprisoned for not more than 20 years, or
fined under title 18, United States Code, or both; and
``(ii) for any subsequent violation, be imprisoned for not
less than 3 years nor more than 20 years, or fined under
title 18, United States Code, or both;
``(C) in the case where the offense was committed for
commercial advantage, profit, or private financial gain and
involved 2 or more aliens other than the offender, be
imprisoned for not less than 3 nor more than 20 years, or
fined under title 18, United States Code, or both;
``(D) in the case where the offense furthers or aids the
commission of any other offense against the United States or
any State, which offense is punishable by imprisonment for
more than 1 year, be imprisoned for not less than 5 nor more
than 20 years, or fined under title 18, United States Code,
or both;
``(E) in the case where any participant in the offense
created a substantial risk of death or serious bodily injury
to another person, including--
``(i) transporting a person in an engine compartment,
storage compartment, or other confined space;
``(ii) transporting a person at an excessive speed or in
excess of the rated capacity of the means of transportation;
or
``(iii) transporting or harboring a person in a crowded,
dangerous, or inhumane manner,

be imprisoned not less than 5 nor more than 20 years, or
fined under title 18, United States Code, or both;
``(F) in the case where the offense caused serious bodily
injury (as defined in section 1365 of title 18, United States
Code, including any conduct that would violate sections 2241
or 2242 of title 18, United States Code, if the conduct
occurred in the special maritime and territorial jurisdiction
of the United States) to any person, be imprisoned for not
less than 7 nor more than 30 years, or fined under title 18,
United States Code, or both;
``(G) in the case where the offense involved an alien who
the offender knew or had reason to believe was an alien--
``(i) engaged in terrorist activity (as defined in section
212(a)(3)(B)); or
``(ii) intending to engage in such terrorist activity,
be imprisoned for not less than 10 nor more than 30 years, or
fined under title 18, United States Code, or both; and
``(H) in the case where the offense caused or resulted in
the death of any person, be punished by death or imprisoned
for not less than 10 years, or any term of years, or for
life, or fined under title 18, United States Code, or both.
``(3) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Employment of Unauthorized Aliens.--
``(1) In general.--Any person who, during any 12-month
period, knowingly hires for

[[Page S3067]]

employment at least 10 individuals with actual knowledge that
the individuals are aliens described in paragraph (2), shall
be fined under title 18, United States Code, imprisoned for
not more than 5 years, or both.
``(2) Alien described.--A alien described in this paragraph
is an alien who--
``(A) is an unauthorized alien (as defined in section
274A(h)(3)); and
``(B) has been brought into the United States in violation
of subsection (a).
``(c) Seizure and Forfeiture.--
``(1) In general.--Any property, real or personal, that has
been 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, including section 981(d) of such title, except
that such duties as are imposed upon the Secretary of the
Treasury under the customs laws described in that section
shall be performed by such officers, agents, and other
persons as may be designated for that purpose by the
Secretary of Homeland Security.
``(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 officers and employees
designated by the Secretary of Homeland Security, either
individually or as a member of a class, and all other
officers whose duty it is to enforce criminal laws.
``(e) Admissibility of Evidence.--
``(1) Prima facie evidence in determinations of
violations.--Notwithstanding any provision of the Federal
Rules of Evidence, in determining whether a violation of
subsection (a) has occurred, any of the following shall be
prima facie evidence that an alien involved in the violation
lacks lawful authority to come to, enter, reside, remain, or
be in the United States or that such alien had come to,
entered, resided, remained or been present in the United
States in violation of law:
``(A) Any order, finding, or determination concerning the
alien's status or lack thereof made by a federal judge or
administrative adjudicator (including an immigration judge or
an immigration officer) during any judicial or administrative
proceeding authorized under the immigration laws or
regulations prescribed thereunder.
``(B) An official record of the Department of Homeland
Security, Department of Justice, or the Department of State
concerning the alien's status or lack thereof.
``(C) Testimony by an immigration officer having personal
knowledge of the facts concerning the alien's status or lack
thereof.
``(2) Videotaped 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 the witness was
available for cross examination at the deposition and the
deposition otherwise complies with the Federal Rules of
Evidence.
``(f) Definitions.--For purposes of this section:
``(1) The term `lawful authority' means permission,
authorization, or license that is expressly provided for in
the immigration laws of the United States or the regulations
prescribed thereunder. Such term does not include any such
authority secured by fraud or otherwise obtained in violation
of law, nor does it include authority that has been sought
but not approved. No alien shall be deemed to have lawful
authority to come to, enter, reside, remain, or be in the
United States if such coming to, entry, residence, remaining,
or presence was, is, or would be in violation of law.
``(2) 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 or
to which the alien is traveling or moving.''.
(b) Clerical Amendment.--The item relating to section 274
in the table of contents of such Act is amended to read as
follows:

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

SEC. 502. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL,
REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

(a) Prohibition.--
(1) In general.--Chapter 27 of title 18, United States
Code, is amended by adding at the end a new section as
follows:

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

``(a) Prohibition.--A person shall be punished as described
in subsection (b) if such person--
``(1) attempts to elude or eludes customs, immigration, or
agriculture inspection or fails to stop at the command of an
officer or employee of the United States charged with
enforcing the immigration, customs, or other laws of the
United States at a port of entry or customs or immigration
checkpoint; or
``(2) intentionally violates an arrival, reporting, entry,
or clearance requirement of--
``(A) section 107 of the Federal Plant Pest Act (7 U.S.C.
105ff);
``(B) section 10 of the Act of August 20, 1912 (7 U.S.C.
164(a));
``(C) section 7 of the Federal Noxious Weed Act of 1974 (7
U.S.C. 2806);
``(D) the Agriculture and Food Act of 1981 (Public Law 97-
98; 95 Stat. 1213);
``(E) section 431, 433, 434, or 459 of the Tariff Act of
1930 (19 U.S.C. 1431, 1433, 1434, and 1459);
``(F) section 10 of the Act of August 20, 1890 (21 U.S.C.
105);
``(G) section 2 of the Act of February 2, 1903 (21 U.S.C.
111);
``(H) section 4197 of the Revised Statutes (46 U.S.C. App.
91); or
``(I) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
``(b) Penalties.--A person who commits an offense described
in subsection (a) shall be--
``(1) fined under this title;
``(2)(A) imprisoned for not more than 5 years, or both;
``(B) imprisoned for not more than 10 years, or both, if in
commission of this violation, attempts to inflict or inflicts
bodily injury (as defined in section 1365(g) of this title);
or
``(C) imprisoned for any term of years or for life, or
both, if death results, and may be sentenced to death; or
``(3) both fined and imprisoned under this subsection.
``(c) Conspiracy.--If 2 or more persons conspire to commit
an offense described in subsection (a), and 1 or more of such
persons do any act to effect the object of the conspiracy,
each shall be punishable as a principal, except that the
sentence of death may not be imposed.
``(d) Prima Facie Evidence.--For the purposes of seizure
and forfeiture under applicable law, in the case of use of a
vehicle or other conveyance in the commission of this
offense, or in the case of disregarding or disobeying the
lawful authority or command of any officer or employee of the
United States under section 111(b) of this title, such
conduct shall constitute prima facie evidence of smuggling
aliens or merchandise.''.
(2) Conforming amendment.--The table of sections for
chapter 27 of title 18, United States Code, is amended by
inserting at the end:

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

SEC. 503. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

(a) In General.--Section 275 of the Immigration and
Nationality Act (8 U.S.C. 1325) is amended--
(1) in the section heading, by inserting ``UNLAWFUL
PRESENCE;'' after ``IMPROPER TIME OR PLACE;'';
(2) in subsection (a)--
(A) by striking ``Any alien'' and inserting ``Except as
provided in subsection (b), any alien'';
(B) by striking ``or'' before (3);
(C) by inserting after ``concealment of a material fact,''
the following: ``or (4) is otherwise present in the United
States in violation of the immigration laws or the
regulations prescribed thereunder,''; and
(D) by striking ``6 months'' and inserting ``one year'';
(3) by amending subsection (c) to read as follows:
``(c)(1) Whoever--
``(A) knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws; or
``(B) knowingly misrepresents the existence or
circumstances of a marriage--
``(i) in an application or document arising under or
authorized by the immigration laws of the United States or
the regulations prescribed thereunder, or
``(ii) 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 title 18, United States Code, or
imprisoned not more than 10 years, or both.
``(2) Whoever--
``(A) knowingly enters into two or more marriages for the
purpose of evading any provision of the immigration laws; or
``(B) knowingly arranges, supports, or facilitates two or
more marriages designed or intended to evade any provision of
the immigration laws;
shall be fined under title 18, United States Code, imprisoned
not less than 2 years nor more than 20 years, or both.
``(3) An offense under this subsection continues until the
fraudulent nature of the marriage or marriages is discovered
by an immigration officer.
``(4) For purposes of this section, the term `proceeding'
includes an adjudication, interview, hearing, or review.''
(4) in subsection (d)--

[[Page S3068]]

(A) by striking ``5 years'' and inserting ``10 years'';
(B) by adding at the end the following: ``An offense under
this subsection continues until the fraudulent nature of the
commercial enterprise is discovered by an immigration
officer.''; and
(5) by adding at the end the following new subsections:
``(e)(1) Any alien described in paragraph (2)--
``(A) shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both, if the offense
described in such paragraph was committed subsequent to a
conviction or convictions for commission of three or more
misdemeanors involving drugs, crimes against the person, or
both, or a felony;
``(B) whose violation was subsequent to conviction for a
felony for which the alien received a sentence of 30 months
or more, shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both; or
``(C) whose violation was subsequent to conviction for a
felony for which the alien received a sentence of 60 months
or more, shall be fined under title 18, United States Code,
imprisoned not more than 20 years, or both.
``(2) An alien described in this paragraph is an alien
who--
``(A) enters or attempts to enter the United States at any
time or place other than as designated by immigration
officers;
``(B) eludes examination or inspection by immigration
officers;
``(C) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or
the willful concealment of a material fact; or
``(D) is otherwise present in the United States in
violation of the immigration laws or the regulations
prescribed thereunder.
``(3) The prior convictions in subparagraph (A), (B), or
(C) of paragraph (1) are elements of those crimes and the
penalties in those subparagraphs shall apply only in cases in
which the conviction (or convictions) that form the basis for
the additional penalty are alleged in the indictment or
information and are proven beyond a reasonable doubt at trial
or admitted by the defendant in pleading guilty. Any
admissible evidence may be used to show that the prior
conviction is a qualifying crime, and the criminal trial for
a violation of this section shall not be bifurcated.
``(4) An offense under subsection (a) or paragraph (1) of
this subsection continues until the alien is discovered
within the United States by immigration officers.
``(f) For purposes of this section, the term `attempts to
enter' refers to the general intent of the alien to enter the
United States and does not refer to the intent of the alien
to violate the law.''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the authority of any
State or political subdivision therein to enforce criminal
trespass laws against aliens whom a law enforcement agency
has verified to be present in the United States in violation
of this Act or the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).

SEC. 504. FEES AND EMPLOYER COMPLIANCE FUND.

(a) Equal Access to Justice Fees.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by
adding at the end the following new subsection:
``(w) Fees and Costs.--The provisions of section 2412,
title 28, United States Code, shall not apply to civil
actions arising under or related to the immigration laws,
including any action under--
``(1) any provision of title 5, United States Code;
``(2) any application for a writ of habeas corpus under
section 2241 of title 28, United States Code, or any other
habeas corpus provision; or
``(3) any action under section 1361 or 1651 of title 28,
United States Code, that involves or is related to the
enforcement or administration of the immigration laws with
respect to any person or entity.''.
(b) Employer Compliance Fund.--
(1) Establishment.--Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356), as amended by subsection
(a), is further amended by adding at the end the following
new subsection:
``(x) 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 monetary penalties collected by
the Secretary of Homeland Security under section 274A.
``(3) Use of funds.--Amounts deposited into the Fund shall
be used by the Secretary of Homeland Security for the
purposes of enhancing employer compliance with section 274A,
compliance training, and outreach.
``(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.''.
(2) Conforming amendment.--Section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a), as amended by section
431(b), is further amended by adding at the end the following
new subsection:
``(j) Deposits of Amounts Received.--Amounts collected
under this section shall be deposited by the Secretary of
Homeland Security into the Employer Compliance Fund
established under section 286(x).''.

SEC. 505. REENTRY OF REMOVED ALIEN.

(a) In General.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking all that follows ``United
States'' the first place it appears and inserting a comma;
(B) in the matter following paragraph (2), by striking
``imprisoned not more than 2 years,'' and inserting
``imprisoned for a term of not less than 1 year and not more
than 2 years,''; and
(C) by adding at the end the following: ``It shall be an
affirmative defense to an offense under this subsection that
(A) prior to an alien's reembarkation at a place outside the
United States or an alien's application for admission from
foreign contiguous territory, the Secretary of Homeland
Security has expressly consented to the alien's reapplying
for admission; or (B) with respect to an alien previously
denied admission and removed, such alien was not required to
obtain such advance consent under this Act or any prior
Act.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``imprisoned not more
than 10 years,'' and insert ``imprisoned for a term of not
less than 5 years and not more than 10 years,'';
(B) in paragraph (2), by striking ``imprisoned not more
than 20 years,'' and insert ``imprisoned for a term of not
less than 10 years and not more than 20 years,'';
(C) in paragraph (3), by striking ``. or'' and inserting
``; or'';
(D) in paragraph (4), by striking ``imprisoned for not more
than 10 years,'' and insert ``imprisoned for a term of not
less than 5 years and not more than 10 years,''; and
(E) by adding at the end the following: ``The prior
convictions in paragraphs (1) and (2) are elements of
enhanced crimes and the penalties under such paragraphs shall
apply only where the conviction (or convictions) that form
the basis for the additional penalty are alleged in the
indictment or information and are proven beyond a reasonable
doubt at trial or admitted by the defendant in pleading
guilty. Any admissible evidence may be used to show that the
prior conviction is a qualifying crime and the criminal trial
for a violation of either such paragraph shall not be
bifurcated.'';
(3) in subsections (b)(3), (b)(4), and (c), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security'' each place it appears;
(4) in subsection (c)--
(A) by inserting ``(as in effect before the effective date
of the amendments made by section 305 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-597)), or
removed under section 241(a)(4),'' after ``242(h)(2)'';
(B) by striking ``(unless the Attorney General has
expressly consented to such alien's reentry)'';
(C) by inserting ``or removal'' after ``time of
deportation''; and
(D) by inserting ``or removed'' after ``reentry of
deported'';
(5) in subsection (d)--
(A) in the matter before paragraph (1), by striking
``deportation order'' and inserting ``deportation or removal
order''; and
(B) in paragraph (2), by inserting ``or removal'' after
``deportation''; and
(6) by adding at the end the following new subsection:
``(e) For purposes of this section, the term `attempts to
enter' refers to the general intent of the alien to enter the
United States and does not refer to the intent of the alien
to violate the law.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to criminal proceedings involving aliens who
enter, attempt to enter, or are found in the United States,
after such date.

SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD,
BENEFIT FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.

(a) Civil Penalties for Document Fraud.--Section 274C(d)(3)
of the Immigration and Nationality Act (8 U.S.C. 1324c(d)(3))
is amended--
(1) in subparagraph (A), by striking ``$250 and not more
than $2,000'' and inserting ``$500 and not more than
$4,000''; and
(2) in subparagraph (B), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000''.
(b) Fraud and False Statements.--Chapter 47 of title 18,
United States Code, is amended--
(1) in section 1015, by striking ``not more than 5 years''
and inserting ``not more than 10 years''; and
(2) in section 1028(b)--
(A) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(B) in paragraph (2), by striking ``5 years'' and inserting
``6 years'';
(C) in paragraph (3), by striking ``20 years'' and
inserting ``25 years''; and
(D) in paragraph (6), by striking ``one year'' and
inserting ``2 years''.
(c) Document Fraud.--Section 1546 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``not more than 25 years'' and inserting
``not less than 25 years''

[[Page S3069]]

(B) by inserting ``and if the terrorism offense resulted in
the death of any person, shall be punished by death or
imprisoned for life,'' after ``section 2331 of this
title)),'';
(C) by striking ``20 years'' and inserting ``imprisoned not
more than 40 years'';
(D) by striking ``10 years'' and inserting ``imprisoned not
more than 20 years''; and
(E) by striking ``15 years'' and inserting ``imprisoned not
more than 25 years''; and
(2) in subsection (b), by striking ``5 years'' and
inserting ``10 years''.
(d) Crimes of Violence.--
(1) In general.--Title 18, United States Code, is amended
by inserting after chapter 51 the following:

``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal
aliens.

``Sec. 1131. Enhanced penalties for certain crimes committed
by illegal aliens

``(a) Any alien unlawfully present in the United States,
who commits, or conspires or attempts to commit, a crime of
violence or a drug trafficking crime (as such terms are
defined in section 924), shall be fined under this title and
sentenced to not less than 5 years in prison.
``(b) If an alien who violates subsection (a) was
previously ordered removed under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of
having committed a crime, the alien shall be sentenced to not
less than 15 years in prison.
``(c) A sentence of imprisonment imposed under this section
shall run consecutively to any other sentence of imprisonment
imposed for any other crime.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part I of title 18, United States Code, is
amended by inserting after the item relating to chapter 51
the following:

``52. Illegal aliens............................................1131''.

SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS
PARTICIPATING IN CRIMINAL STREET GANGS.

(a) Inadmissible.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at
the end the following:
``(J) Criminal street gang participation.--
``(i) In general.--Any alien is inadmissible if--

``(I) the alien has been removed under section
237(a)(2)(F); or
``(II) the consular officer or the Secretary of Homeland
Security knows, or has reasonable ground to believe that the
alien--

``(aa) is a member of a criminal street gang and has
committed, conspired, or threatened to commit, or seeks to
enter the United States to engage solely, principally, or
incidentally in, a gang crime or any other unlawful activity;
or
``(bb) is a member of a criminal street gang designated
under section 219A.
``(ii) Definitions.--In this subparagraph:

``(I) Criminal street gang.--The term `criminal street
gang' means an ongoing group, club organization or informal
association of 5 or more persons who engage, or have engaged
within the past 5 years in a continuing series of 3 or more
gang crimes (1 of which is a crime of violence, as defined in
section 16 of title 18, United States Code).
``(II) Gang crime.--The term `gang crime' means conduct
constituting any Federal or State crime, punishable by
imprisonment for 1 year or more, in any of the following
categories:

``(aa) A crime of violence (as defined in section 16 of
title 18, United States Code).
``(bb) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant,
or burglary.
``(cc) A crime involving the manufacturing, importing,
distributing, possessing with intent to distribute, or
otherwise dealing in a controlled substance or listed
chemical (as those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).
``(dd) Any conduct punishable under section 844 of title
18, United States Code (relating to explosive materials),
subsection (d), (g)(1) (where the underlying conviction is a
violent felony (as defined in section 924(e)(2)(B) of such
title) or is a serious drug offense (as defined in section
924(e)(2)(A)), (i), (j), (k), (o), (p), (q), (u), or (x) of
section 922 of such title (relating to unlawful acts), or
subsection (b), (c), (g), (h), (k), (l), (m), or (n) of
section 924 of such title (relating to penalties), section
930 of such title (relating to possession of firearms and
dangerous weapons in Federal facilities), section 931 of such
title (relating to purchase, ownership, or possession of body
armor by violent felons), sections 1028 and 1029 of such
title (relating to fraud and related activity in connection
with identification documents or access devices), section
1952 of such title (relating to interstate and foreign travel
or transportation in aid of racketeering enterprises),
section 1956 of such title (relating to the laundering of
monetary instruments), section 1957 of such title (relating
to engaging in monetary transactions in property derived from
specified unlawful activity), or sections 2312 through 2315
of such title (relating to interstate transportation of
stolen motor vehicles or stolen property).
``(ee) Any conduct punishable under section 274 (relating
to bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation of
alien for immoral purpose) of this Act.''.
(b) Deportable.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at
the end the following:
``(F) Criminal street gang participation.--
``(i) In general.--An alien is deportable if the alien--

``(I) is a member of a criminal street gang and is
convicted of committing, or conspiring, threatening, or
attempting to commit, a gang crime; or
``(II) is determined by the Secretary of Homeland Security
to be a member of a criminal street gang designated under
section 219A.

``(ii) Definitions.--For purposes of this subparagraph, the
terms `criminal street gang' and `gang crime' have the
meaning given such terms in section 212(a)(2)(J)(ii).''.
(c) Designation of Criminal Street Gangs.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:

``SEC. 219A. DESIGNATION OF CRIMINAL STREET GANGS.

``(a) Designation.--
``(1) In general.--The Attorney General is authorized to
designate a group or association as a criminal street gang in
accordance with this subsection if the Attorney General finds
that the group or association meets the criteria described in
section 212(a)(2)(J)(ii)(I).
``(2) Procedure.--
``(A) Notice.--
``(i) To congressional leaders.--Seven days before making a
designation under this subsection, the Attorney General
shall, by classified communication, notify the Speaker and
Minority Leader of the House of Representatives, the
President pro tempore, Majority Leader, and Minority Leader
of the Senate, and the members of the relevant committees, in
writing, of the intent to designate a group or association
under this subsection, together with the findings made under
paragraph (1) with respect to that group or association, and
the factual basis therefore.
``(ii) Publication in federal register.--The Attorney
General shall publish the designation in the Federal Register
7 days after providing the notification under clause (i).
``(B) Effect of designation.--A designation under this
subsection shall take effect upon publication under
subparagraph (A)(ii).
``(3) Record.--In making a designation under this
subsection, the Attorney General shall create an
administrative record.
``(4) Period of designation.--
``(A) In general.--A designation under this subsection
shall be effective for all purposes until revoked under
paragraph (5) or (6) or set aside pursuant to subsection (b).
``(B) Review of designation upon petition.--
``(i) In general.--The Attorney General shall review the
designation of a criminal street gang under the procedures
set forth in clauses (iii) and (iv) if the designated gang or
association files a petition for revocation within the
petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause (i)--

``(I) if the designated gang or association has not
previously filed a petition for revocation under this
subparagraph, the petition period begins 2 years after the
date on which the designation was made; or
``(II) if the designated gang or association has previously
filed a petition for revocation under this subparagraph, the
petition period begins 2 years after the date of the
determination made under clause (iv) on that petition.

``(iii) Procedures.--Any criminal street gang that submits
a petition for revocation under this subparagraph shall
provide evidence in that petition that the relevant
circumstances described in paragraph (1) are sufficiently
different from the circumstances that were the basis for the
designation such that a revocation with respect to the gang
is warranted.
``(iv) Determination.--

``(I) In general.--Not later than 180 days after receiving
a petition for revocation submitted under this subparagraph,
the Attorney General shall make a determination as to such
revocation.
``(II) Publication of determination.--A determination made
by the Attorney General under this clause shall be published
in the Federal Register.
``(III) Procedures.--Any revocation by the Attorney General
shall be made in accordance with paragraph (6).

``(C) Other review of designation.--
``(i) In general.--If in a 4-year period no review has
taken place under subparagraph (B), the Attorney General
shall review the designation of the criminal street gang in
order to determine whether such designation should be revoked
pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition for
revocation that is filed in accordance with that
subparagraph, then the review shall be conducted pursuant to
procedures established by the Attorney General. The results
of such review and the applicable procedures shall not be
reviewable in any court.
``(iii) Publication of results of review.--The Attorney
General shall publish any determination made pursuant to this
subparagraph in the Federal Register.
``(5) Revocation based on change in circumstances.--

[[Page S3070]]

``(A) In general.--The Attorney General may revoke a
designation made under paragraph (1) at any time, and shall
revoke a designation upon completion of a review conducted
pursuant to subparagraphs (b) and (c) of paragraph (4) if the
Attorney General finds that--
``(i) the circumstances that were the basis for the
designation have changed in such a manner as to warrant
revocation; or
``(ii) the national security of the United States warrants
a revocation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) and (3) shall apply to a revocation under this paragraph.
Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.
``(6) Effect of revocation.--The revocation of a
designation under paragraph (5) shall not affect any action
or proceeding based on conduct committed prior to the
effective date of such revocation.
``(7) Use of designation in hearing.--If a designation
under this subsection has become effective under paragraph
(2)(B), an alien in a removal proceeding shall not be
permitted to raise any question concerning the validity of
the issuance of such designation as a defense or an objection
at any hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 60 days after publication
of the designation in the Federal Register, a group or
association designated as a criminal street gang may seek
judicial review of the designation in the United States Court
of Appeals for the District of Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record.
``(3) Scope of review.--The court shall hold unlawful and
set aside a designation the court finds to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
``(B) contrary to constitutional right, power, privilege,
or immunity;
``(C) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right;
``(D) lacking substantial support in the administrative
record taken as a whole; or
``(E) not in accord with the procedures required by law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation shall not affect the
application of this section, unless the court issues a final
order setting aside the designation.
``(c) Relevant Committee Defined.--As used in this section,
the term `relevant committees' means the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 219
the following:

``Sec. 219A. Designation of criminal street gangs.''.

SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET
GANG MEMBERS.

(a) In General.--Section 236(c)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(1) by inserting ``or 212(a)(2)(J)'' after
``212(a)(3)(B)''; and
(2) by inserting ``or 237(a)(2)(F)'' before
``237(a)(4)(B)''.
(b) Annual Report.--Not later than March 1 2007, and
annually thereafter, the Secretary of Homeland Security,
after consultation with the appropriate Federal agencies,
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives on the number of aliens detained under the
amendments made by subsection (a).

SEC. 509. INELIGIBILITY FOR ASYLUM AND PROTECTION FROM
REMOVAL.

(a) Inapplicability of Restriction on Removal to Certain
Countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described
in section 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who
is'' after ``to an alien''.
(b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such
Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
``(vi) the alien is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(F)(i) (relating to participation in
criminal street gangs); or''.
(c) Denial of Review of Determination of Ineligibility for
Temporary Protected Status.--Section 244(c)(2) of such Act (8
U.S.C. 1254a(c)(2)) is amended by adding at the end the
following:
``(C) Limitation on judicial review.--There shall be no
judicial review of any finding under subparagraph (B) that an
alien is described in section 208(b)(2)(A)(vi).''.

SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR
FILING FALSE INFORMATION WITH SOCIAL SECURITY
ADMINISTRATION.

(a) Misuse of Social Security Numbers.--
(1) In general.--Section 208(a) of the Social Security Act
(42 U.S.C. 408(a)) is amended--
(A) in paragraph (7), by adding after subparagraph (C) the
following:
``(D) with intent to deceive, discloses, sells, or
transfers his own social security account number, assigned to
him by the Commissioner of Social Security (in the exercise
of the Commissioner's authority under section 205(c)(2) to
establish and maintain records), to any person; or'';
(B) in paragraph (8), by adding ``or'' at the end; and
(C) by inserting after paragraph (8) the following:
``(9) without lawful authority, offers, for a fee, to
acquire for any individual, or to assist in acquiring for any
individual, an additional social security account number or a
number that purports to be a social security account number;
``(10) willfully acts or fails to act so as to cause a
violation of section 205(c)(2)(C)(xii);
``(11) being an officer or employee of any executive,
legislative, or judicial agency or instrumentality of the
Federal Government or of a State or political subdivision
thereof, or a person acting as an agent of such an agency or
instrumentality (or an officer or employee thereof or a
person acting as an agent thereof) in possession of any
individual's social security account number, willfully acts
or fails to act so as to cause a violation of clause
(vi)(II), (x), (xi), (xii), (xiii), or (xiv) of section
205(c)(2)(C); or
``(12) being a trustee appointed in a case under title 11,
United States Code (or an officer or employee thereof or a
person acting as an agent thereof), willfully acts or fails
to act so as to cause a violation of clause (x) or (xi) of
section 205(c)(2)(C).''.
(2) Effective dates.--Paragraphs (7)(D) and (9) of section
208(a) of the Social Security Act, as added by paragraph (1),
shall apply with respect to each violation occurring after
the date of the enactment of this Act. Paragraphs (10), (11),
and (12) of section 208(a) of such Act, as added by paragraph
(1)(C), shall apply with respect to each violation occurring
on or after the effective date of this Act.
(b) Report on Enforcement Efforts Concerning Employers
Filing False Information Returns.--The Commissioner of
Internal Revenue and the Commissioner of Social Security
shall submit to Congress an annual report on efforts taken to
identify and enforce penalties against employers that file
incorrect information returns.

SEC. 511. TECHNICAL AND CLARIFYING AMENDMENTS.

(a) Terrorist Activities.--Section 212 (a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii))
is amended--
(1) by striking ``Subclause (VII) of clause (i)'' and
inserting ``Subclause (IX) of clause (i)''; and
(2) in subclause (II), by striking ``consular officer or
Attorney General'' and inserting ``consular officer, Attorney
General, or Secretary of Homeland Security''.
(b) 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''.
Subtitle B--Detention, Removal, and Departure

SEC. 521. VOLUNTARY DEPARTURE REFORM.

(a) Encouraging Aliens to Depart Voluntarily.--
(1) Authority.--Subsection (a) of section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In lieu of removal proceedings.--The Secretary of
Homeland Security may permit an alien voluntarily to depart
the United States at the alien's own expense under this
subsection, in lieu of being subject to proceedings under
section 240, if the alien is not described in section
237(a)(2)(A)(iii) or section 237(a)(4).'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Prior to the conclusion of removal proceedings.--
After removal proceedings under section 240 are initiated,
the Attorney General may permit an alien voluntarily to
depart the United States at the alien's own expense under
this subsection, prior to the conclusion of such proceedings
before an immigration judge, if the alien is not described in
section 237(a)(2)(A)(iii) or section 237(a)(4).''; and
(E) in paragraph (4), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''.
(2) Voluntary departure period.--Such section is further
amended--
(A) in subsection (a)(3), as redesignated by paragraph
(1)(C)--
(i) by amending subparagraph (A) to read as follows:
``(A) In lieu of removal.--Subject to subparagraph (C),
permission to depart voluntarily under paragraph (1) shall
not be valid for a period exceeding 90 days. The Secretary of
Homeland Security may require an alien permitted to depart
voluntarily 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.'';

[[Page S3071]]

(ii) in subparagraph (B), by striking ``subparagraphs (C)
and (D)(ii)'' and inserting ``subparagraphs (D) and
(E)(ii)'';
(iii) in subparagraphs (C) and (D), by striking
``subparagraph (B)'' and inserting ``subparagraph (C)'' each
place it appears;
(iv) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(v) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Prior to the conclusion of removal proceedings.--
Permission to depart voluntarily under paragraph (2) shall
not be valid for a period exceeding 60 days, and may be
granted only after a finding that the alien has established
that the alien has the means to depart the United States and
intends to do so. An alien permitted to depart voluntarily
under paragraph (2) must 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 posting of a voluntary departure bond in individual
cases upon a finding that the alien has presented compelling
evidence that the posting of a bond will be a serious
financial hardship and the alien has presented credible
evidence that such a bond is unnecessary to guarantee timely
departure.''; and
(B) in subsection (b)(2), by striking ``60 days'' and
inserting ``45 days''.
(3) Voluntary departure agreements.--Subsection (c) of such
section is amended to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
will be granted only 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 in the exercise of
discretion may agree to a reduction in the period of
inadmissibility under subparagraph (A) or (B)(i) of section
212(a)(9).
``(3) Failure to comply with agreement and effect of filing
timely appeal.--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 a
failure to timely post any required bond), the alien
automatically becomes ineligible for the benefits of the
agreement, subject to the penalties described in subsection
(d), and subject to an alternate order of removal if
voluntary departure was granted under subsection (a)(2) or
(b). However, if an alien agrees to voluntary departure but
later 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 thereof, but the alien may not
again be granted voluntary departure while the alien remains
in the United States.''.
(4) Eligibility.--Subsection (e) of such section is amended
to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to depart voluntarily under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily.
``(2) Additional limitations.--The Secretary of Homeland
Security may by regulation limit eligibility or impose
additional conditions for voluntary departure under
subsection (a)(1) for any class or classes of aliens. The
Secretary or Attorney General may by regulation limit
eligibility or impose additional conditions for voluntary
departure under subsection (a)(2) or (b) for any class or
classes of aliens. 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 section 1361 and 1651 of such title, no court may review
any regulation issued under this subsection.''.
(b) Avoiding Delays in Voluntary Departure.--
(1) Alien's obligation to depart within the time allowed.--
Subsection (c) of section 240B of the Immigration and
Nationality Act (8 U.S.C. 1229c), as amended by subsection
(a), is further amended by adding at the end the following
new paragraph:
``(4) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary of Homeland Security 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.''.
(2) No tolling.--Subsection (f) of such section is amended
by adding at the end the following new sentence:
``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
section 1361 and 1651 of such title, no court shall have
jurisdiction to affect, reinstate, enjoin, delay, stay, or
toll the period allowed for voluntary departure under this
section.''.
(c) Penalties for Failure To Depart Voluntarily.--
(1) Penalties for failure to depart.--Subsection (d) of
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c) is amended to read as follows:
``(d) Penalties for Failure To Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart from the United States within the time
period specified or otherwise violates the terms of a
voluntary departure agreement, the following provisions
apply:
``(1) Civil penalty.--
``(A) In general.--The alien will be liable for a civil
penalty of $3,000.
``(B) Specification in order.--The order allowing voluntary
departure shall specify the amount of the penalty, which
shall be acknowledged by the alien on the record.
``(C) Collection.--If the Secretary of Homeland Security
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.
``(D) Ineligibility for benefits.--An alien will be
ineligible for any benefits under this title until any civil
penalty under this subsection is paid.
``(2) Ineligibility for relief.--The alien will 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.
``(3) Reopening.--
``(A) In general.--Subject to subparagraph (B), the alien
will be ineligible to reopen a final order of removal which
took effect upon the alien's failure to depart, or the
alien's violation of the conditions for voluntary departure,
during the period described in paragraph (2).
``(B) Exception.--Subparagraph (A) does not preclude a
motion to reopen to seek withholding of removal under section
241(b)(3) or protection against torture.
``The order permitting the alien to depart voluntarily
under this section shall inform the alien of the penalties
under this subsection.''.
(2) Implementation of existing statutory penalties.--The
Secretary of Homeland Security shall implement regulations to
provide for the imposition and collection of penalties for
failure to depart under section 240B(d) of the Immigration
and Nationality Act, as amended by paragraph (1).
(d) Voluntary Departure Agreements Negotiated by State or
Local Courts.--Section 240B of the Immigration and
Nationality Act (8 U.S.C. 1229c) is amended by adding at the
end the following new subsection:
``(g) Voluntary Departure Agreements Negotiated by State or
Local Courts.--
``(1) In general.--The Secretary of Homeland Security may
permit an alien voluntarily to depart the United States at
the alien's own expense under this subsection at any time
prior to the scheduling of the first merits hearing, in lieu
of applying for another form of relief from removal, if the
alien--
``(A) is deportable under section 237(a)(1);
``(B) is charged in a criminal proceeding in a State or
local court for which conviction would subject the alien to
deportation under paragraphs (2) through (6) of section
237(a); and
``(C) has accepted a plea bargain in such proceeding which
stipulates that the alien, after consultation with counsel in
such proceeding--
``(i) voluntarily waives application for another form of
relief from removal;
``(ii) consents to transportation, under custody of a law
enforcement officer of the State or local court, to an
appropriate international port of entry where departure from
the United States will occur;
``(iii) possesses or will promptly obtain travel documents
issued by the foreign state of which the alien is a national
or legal resident; and
``(iv) possesses the means to purchase transportation from
the port of entry to the foreign state to which the alien
will depart from the United States.
``(2) Review.--The Secretary shall promptly review an
application for voluntary departure for compliance with the
requirements of paragraph (1). The Secretary shall permit
voluntary departure under this subsection unless the State or
local jurisdiction is informed in writing not later that 30
days after such application is filed, that the Secretary
intends to seek removal under section 240.''.
(e) 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 date of the
enactment of this Act.
(2) Exception.--The amendment made by subsection (b)(2)
shall take effect on the date of the enactment of this Act
and shall apply with respect to any petition for review which
is entered on or after such date.

SEC. 522. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

(a) In General.--

[[Page S3072]]

(1) Bonds.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as
follows:
``(2) may, upon an express finding by an immigration judge,
that the alien is not a flight risk and is not a threat to
the United States, release the alien on a bond--
``(A) of not less than $5,000 release an alien; or
``(B) if the alien is a national of Canada or Mexico, of
not less than $3,000; or.''.
(2) Conforming amendment.--Section 236(a) of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended by
inserting ``or the Secretary of Homeland Security'' after the
``Attorney General'' each place it appears.
(3) Report.--Not later than 2 years after the enactment of
this Act, the Secretary of Homeland Security shall submit to
Congress a report on the number of aliens who are citizens or
nationals of a country other than Canada or Mexico who are
apprehended along an international land border of the United
States between ports of entry.
(b) Detention of Aliens Delivered by Bondsmen.--Section
241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended by adding at the end the following new
paragraph:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject
to a final order of removal, and cancel any bond previously
posted for the alien, if the alien is produced within the
prescribed time limit by the obligor on the bond. The obligor
on the bond shall be deemed to have substantially performed
all conditions imposed by the terms of the bond, and shall be
released from liability on the bond, if the alien is produced
within such time limit.''.
(c) Effective Date.--The amendments made by subsection (a)
and (b) shall take effect on the date of the enactment of
this Act and the amendment made by subsection (b) shall apply
to all immigration bonds posted before, on, or after such
date.

SEC. 523. EXPEDITED REMOVAL.

(a) In General.--Section 238 of the Immigration and
Nationality Act (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) of the
Immigration and Nationality Act (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) of such
Act (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. 524. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

Section 241(a)(5) of the Immigration and Nationality Act (8
U.S.C. 1231(a)(5)) is amended to read as follows:
``(5) Reinstatement of previous removal orders.--
``(A) Removal.--The Secretary of Homeland Security shall
remove an alien who is an applicant for admission (other than
an admissible alien presenting himself or herself for
inspection at a port of entry or an alien paroled into the
United States under section 212(d)(5)), after having been, on
or after September 30, 1996, excluded, deported, or removed,
or having departed voluntarily under an order of exclusion,
deportation, or removal.
``(B) Judicial review.--The removal described in
subparagraph (A) shall not require any proceeding before an
immigration judge, and shall be under the prior order of
exclusion, deportation, or removal, which is not subject to
reopening or review. The alien is not eligible and may not
apply for or receive any immigration relief or benefit under
this Act or any other law, with the exception of sections 208
or 241(b)(3) or the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984, in the case of an alien who
indicates either an intention to apply for asylum under
section 208 or a fear of persecution or torture.''.

SEC. 525. CANCELLATION OF REMOVAL.

Section 240A(c) of the Immigration and Nationality Act (8
U.S.C. 1229b(c)) is amended by adding at the end the
following:
``(7) An alien who is inadmissible under section
212(a)(9)(B)(i).''.

SEC. 526. DETENTION OF DANGEROUS ALIEN.

(a) In General.--Section 241 of the Immigration and
Nationality Act (8 U.S.C. 1231) is amended--
(1) in subsection (a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears;
(2) in subsection (a)(1)(B), by adding after clause (iii)
the following:
``If, at that time, the alien is not in the custody of the
Secretary (under the authority of this Act), the Secretary
shall take the alien into custody for removal, and the
removal period shall not begin until the alien is taken into
such custody. If the Secretary transfers custody of the alien
during the removal period pursuant to law to another Federal
agency or a State or local government agency in connection
with the official duties of such agency, the removal period
shall be tolled, and shall begin anew on the date of the
alien's return to the custody of the Secretary.''.
(3) by amending clause (ii) of subsection (a)(1)(B) 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 date the stay of removal is no longer in effect.'';
(4) by amending subparagraph (C) of subsection (a)(1) to
read as follows:
``(C) Suspension 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 make all reasonable efforts to comply with the
removal order, or to fully cooperate with the Secretary's
efforts to establish the alien's identity and carry out the
removal order, including making timely application in good
faith for travel or other documents necessary to the alien's
departure, or conspires or acts to prevent the alien's
removal subject to an order of removal.'';
(5) in subsection (a)(2), by adding at the end ``If a court
orders a stay of removal of an alien who is subject to an
administratively final order of removal, the Secretary in the
exercise of discretion may detain the alien during the
pendency of such stay of removal.'';
(6) in subsection (a)(3), by amending subparagraph (D) to
read as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or perform affirmative acts, that the
Secretary prescribes for the alien, in order to prevent the
alien from absconding, or for the protection of the
community, or for other purposes related to the enforcement
of the immigration laws.'';
(7) in subsection (a)(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'';
(8) by redesignating paragraph (7) of subsection (a) as
paragraph (10) and inserting after paragraph (6) of such
subsection the following new paragraphs:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary, in the
Secretary's discretion, may parole the alien under section
212(d)(5) of this Act 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) Application of additional rules for detention or
release of certain aliens who have made an entry.--The rules
set forth in subsection (j) shall only apply with respect to
an alien who was lawfully admitted the most recent time the
alien entered the United States or has otherwise effected an
entry into the United States.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of

[[Page S3073]]

any action or decision pursuant to paragraphs (6), (7), or
(8) or subsection (j) shall be available exclusively in
habeas corpus proceedings instituted in the United States
District Court for the District of Columbia, and only if the
alien has exhausted all administrative remedies (statutory
and regulatory) available to the alien as of right.''; and
(9) by adding at the end the following new subsection:
``(j) Additional Rules for Detention or Release of Certain
Aliens Who Have Made an Entry.--
``(1) Application.--The rules set forth in this subsection
apply in the case of an alien described in subsection (a)(8).
``(2) Establishment of a detention review process for
aliens who fully cooperate with removal.--
``(A) In general.--The Secretary of Homeland Security shall
establish an administrative review process to determine
whether the aliens should be detained or released on
conditions for aliens who--
``(i) have made all reasonable efforts to comply with their
removal orders;
``(ii) have complied with the Secretary's efforts to carry
out the removal orders, including making timely application
in good faith for travel or other documents necessary to the
alien's departure; and
``(iii) have not conspired or acted to prevent removal.
``(B) Determination.--The Secretary shall make a
determination whether to release an alien after the removal
period in accordance with paragraphs (3) and (4). The
determination--
``(i) shall include consideration of any evidence submitted
by the alien and the history of the alien's efforts to comply
with the order of removal; and
``(ii) may include any information or assistance provided
by the Secretary of State or other Federal agency and any
other information available to the Secretary of Homeland
Security pertaining to the ability to remove the alien.
``(3) Authority to detain beyond removal period.--
``(A) Initial 90-day period.--The Secretary of Homeland
Security in the exercise of discretion, without any
limitations other than those specified in this section, may
continue to detain an alien for 90 days beyond the removal
period (including any extension of the removal period as
provided in subsection (a)(1)(C)).
``(B) Extension.--
``(i) In general.--The Secretary in the exercise of
discretion, without any limitations other than those
specified in this section, may continue to detain an alien
beyond the 90-day period authorized in subparagraph (A)--

``(I) until the alien is removed if the conditions
described in subparagraph (A) or (B) of paragraph (4) apply;
or
``(II) pending a determination as provided in subparagraph
(C) of paragraph (4).

``(ii) Renewal.--The Secretary may renew a certification
under paragraph (4)(B) every six months without limitation,
after providing an opportunity for the alien to request
reconsideration of the certification and to submit documents
or other evidence in support of that request. If the
Secretary does not renew a certification, the Secretary may
not continue to detain the alien under such paragraph.
``(iii) Delegation.--Notwithstanding section 103, the
Secretary may not delegate the authority to make or renew a
certification described in clause (ii), (iii), or (v) of
paragraph (4)(B) below the level of the Assistant Secretary
for Immigration and Customs Enforcement.
``(iv) Hearing.--The Secretary may request that the
Attorney General provide for a hearing to make the
determination described in clause (iv)(II) of paragraph
(4)(B).
``(4) Conditions for extension.--The conditions for
continuation of detention are any of the following:
``(A) The Secretary determines that there is a significant
likelihood that the alien--
``(i) will be removed in the reasonably foreseeable future;
or
``(ii) would be removed in the reasonably foreseeable
future, or would have been removed, but for the alien's
failure or refusal to make all reasonable efforts to comply
with the removal order, or to fully cooperate with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure, or conspiracies or acts
to prevent removal.
``(B) The Secretary certifies in writing any of the
following:
``(i) In consultation with the Secretary of Health and
Human Services, 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, the release of the alien is likely to
have serious adverse foreign policy consequences for the
United States.
``(iii) Based on information available to the Secretary
(including available information from the intelligence
community, and without regard to the grounds upon which the
alien was ordered removed), there is reason to believe that
the release of the alien would threaten the national security
of the United States.
``(iv) The release of the alien will threaten the safety of
the community or any person, the conditions of release cannot
reasonably be expected to ensure the safety of the community
or any person, and--

``(I) the alien has been convicted of one or more
aggravated felonies described in section 101(a)(43)(A) or of
one or more crimes identified by the Secretary by regulation,
or of one or more attempts or conspiracies to commit any such
aggravated felonies or such crimes, for an aggregate term of
imprisonment of at least five years; or
``(II) the alien has committed one or more crimes of
violence and, because of a mental condition or personality
disorder and behavior associated with that condition or
disorder, the alien is likely to engage in acts of violence
in the future.

``(v) The release of the alien will threaten the safety of
the community or any person, conditions of release cannot
reasonably be expected to ensure the safety of the community
or any person, and the alien has been convicted of at least
one aggravated felony.
``(C) Pending a determination under subparagraph (B), if
the Secretary has initiated the administrative review process
no later than 30 days after the expiration of the removal
period (including any extension of the removal period as
provided in subsection (a)(1)(C)).
``(5) Release on conditions.--If it is determined that an
alien should be released from detention, the Secretary in the
exercise of discretion may impose conditions on release as
provided in subsection (a)(3).
``(6) Redetention.--The Secretary in the exercise of
discretion, without any limitations other than those
specified in this section, may again detain any alien subject
to a final removal order who is released from custody if the
alien fails to comply with the conditions of release or to
cooperate in the alien's removal from the United States, or
if, upon reconsideration, the Secretary determines that the
alien can be detained under paragraph (1). Paragraphs (6)
through (8) of subsection (a) shall apply to any alien
returned to custody pursuant to this paragraph, as if the
removal period terminated on the day of the redetention.
``(7) Certain aliens who effected entry.--If an alien has
effected an entry into the United States but has neither been
lawfully admitted nor physically present in the United States
continuously for the 2-year period immediately prior to the
commencement of removal proceedings under this Act or
deportation proceedings against the alien, the Secretary in
the exercise of discretion may decide not to apply subsection
(a)(8) and this subsection and may detain the alien without
any limitations except those imposed by regulation.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this Act,
and section 241 of the Immigration and Nationality Act, as
amended, shall apply to--
(1) all aliens 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
(2) acts and conditions occurring or existing before, on,
or after the date of the enactment of this Act.

SEC. 527. ALTERNATIVES TO DETENTION.

The Secretary of Homeland Security shall implement pilot
programs in the 6 States with the largest estimated
populations of deportable aliens to study 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.

SEC. 528. AUTHORIZATION OF APPROPRIATIONS.

In addition to amounts otherwise authorized to be
appropriated, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2007
through 2011 to carry out this title.
______