To modify the conditions under which aliens who are unlawfully present in the United States are granted legal status.
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Senate amendment not agreed to: Amendment SA 4087 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 138.
May 23, 2006
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Senate amendment not agreed to: Amendment SA 4087 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 138.
May 23, 2006
Roll call votes on amendments in Senate: Amendment SA 4087 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 138.
May 23, 2006
Considered by Senate. (consideration: CR S4924-4936; text as modified: CR S4924-4927)
May 23, 2006
Amendment SA 4087 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 138.
May 23, 2006
Senate amendment submitted
May 22, 2006
Senate amendment proposed (on the floor): Amendment SA 4087 proposed by Senator Feinstein.
May 22, 2006
Amendment SA 4087 proposed by Senator Feinstein. (consideration: CR S4851-4860, S4873-4874, S4875) To modify the conditions under which aliens who are unlawfully present in the United States are granted legal status.
May 22, 2006
Votes
1 roll call on this amendment
Text
Submitted
SA 4087. Mrs. FEINSTEIN (for herself and Mr. Harkin) submitted an amendment intended to be proposed by her to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; as follows: On page 345 strike line 10 and all that follows through page 395 line 23, and insert the following: Subtitle A--Earned Adjustment of Status SEC. 601. ORANGE CARD VISA PROGRAM. (a) Short Title.--This section may be cited as the ``Orange Card Program''. (b) Earned Adjustment of Status.-- (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following: ``SEC. 245B. ACCESS TO EARNED ADJUSTMENT. ``(a) Adjustment of Status.-- ``(1) Principal aliens.--Subject to subsection (c)(5) and notwithstanding any other provision of law, including section 244(h), the Secretary of Homeland Security shall adjust an alien's status to the status of an alien lawfully admitted for orange card status, if the alien satisfies the following requirements: ``(A) Application.--The alien shall file an application establishing eligibility for adjustment of status in accordance with the procedures established under subsection (n) and pay the fine required under subsection (m) and any additional amounts owed under that subsection. ``(B) Continuous physical presence.-- ``(i) In general.--The alien shall establish that the alien-- ``(I) was physically present in the United States on or before January 1, 2006; ``(II) was not legally present in the United States on or before January 1, 2006, under any classification set forth in section 101(a)(15); and ``(III) did not depart from the United States on or before January 1, 2006, except for brief, casual, and innocent departures. ``(ii) Legally present.--For purposes of this subparagraph, an alien who has violated any conditions of the alien's visa shall be considered not to be legally present in the United States. ``(C) Admissible under immigration laws.--The alien shall establish that the alien is not inadmissible under section 212(a) except for any provision of that section that is waived under subsection (b) of this section. ``(D) Employment in the united states.-- ``(i) In general.--The alien shall-- ``(I) submit all documentation of the alien's employment in the United States before January 1, 2006; and ``(II) be employed in the United States for at least 6 years, in the aggregate, after the date of the enactment of the Orange Card Program. ``(ii) Exceptions.-- ``(I) In general.--The employment requirement in clause (i) shall be reduced for an individual who-- ``(aa) cannot demonstrate employment based on a physical or mental disability or as a result of pregnancy; or ``(bb) is under 18 years of age on the date of the enactment of the Orange Card Program, by a period of time equal to the time period beginning on such date of enactment and ending on the date on which the individual reaches 18 years of age. ``(II) Postsecondary study.--The employment requirements in clause (i) shall be reduced by 1 year for each year of completed full time postsecondary study in the United States during the relevant period. ``(iii) Portability.--An alien shall not be required to complete the employment requirements in clause (i) with the same employer. ``(iv) Evidence of employment.-- ``(I) Conclusive documents.--For purposes of satisfying the requirements in clause (i), the alien shall submit at least 2 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment: ``(aa) Records maintained by the Social Security Administration. ``(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification. ``(cc) Records maintained by the Internal Revenue Service. ``(dd) Records maintained by a union or day labor center. ``(ee) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records. ``(II) Other documents.--An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including-- ``(aa) bank records; ``(bb) business records; ``(cc) sworn affidavits from nonrelatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or ``(dd) remittance records. ``(v) Burden of proof.--An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i). ``(E) Payment of income taxes.--The alien shall establish the payment of all Federal and State income taxes owed for employment during the period of employment required under subparagraph (D)(i). The alien may satisfy such requirement by establishing that-- ``(i) no such tax liability exists; ``(ii) all outstanding liabilities have been met; or ``(iii) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service and with the department of revenue of each State to which taxes are owed. ``(F) Basic citizenship skills.-- ``(i) In general.--Except as provided in clause (ii), the alien shall demonstrate that the alien either-- ``(I) meets the requirements of section 312(a) (relating to a knowledge and understanding of English and the history and Government of the United States); or ``(II) is satisfactorily pursuing a course of study, recognized by the Secretary of Homeland Security, to achieve such understanding of English and the history and Government of the United States. ``(ii) Exceptions.-- ``(I) Mandatory.--The requirements of clause (i) shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment. ``(II) Discretionary.--The Secretary of Homeland Security may waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older as of the date of the filing of the application for adjustment of status. ``(G) Security and law enforcement clearances.--The alien shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this subsection. The relevant Federal agencies shall work to ensure that such clearances are completed within 90 days of the submission of fingerprints. An appeal of a security clearance determination by the Secretary of Homeland Security shall be processed through the Department of Homeland Security. ``(H) Military selective service.--The alien shall establish that if the alien is within the age period required under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) that such alien has registered under that Act. ``(I) Annual reporting requirement.-- ``(i) In general.--An alien who has applied for an adjustment of status under this section shall annually submit to the Secretary of Homeland Security the documentation described in clause (ii) and the fee required under subsection (m)(3). ``(ii) Documentation.--The documentation submitted under clause (i) shall include evidence of employment described in subparagraph (D)(iv), proof of payment of taxes described in subparagraph (E), and documentation of any criminal conviction or an affidavit stating that the alien has not been convicted of any crime. ``(iii) Termination.--The reporting requirement under this subparagraph shall terminate on the date on which the alien is granted the status of an alien lawfully admitted for permanent residence. ``(J) Adjustment of status.--An alien may not adjust to legal permanent residence status under this section until after the earlier of-- ``(i) the consideration of all applications filed under section 201, 202, or 203 before the date of enactment of this section; or ``(ii) 8 years after the date of enactment of this section. ``(2) Spouses and children.-- ``(A) In general.-- ``(i) Adjustment of status.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall, if otherwise eligible under subparagraph (B), adjust the status to that of a lawful permanent resident for-- ``(I) the spouse, or child who was under 21 years of age on the date of enactment of the [[Page S4900]] Orange Card Program, of an alien who adjusts status or is eligible to adjust status to that of a permanent resident under paragraph (1); or ``(II) an alien who, within 5 years preceding the date of the enactment of the Orange Card Program, was the spouse or child of an alien who adjusts status to that of a permanent resident under paragraph (1), if-- ``(aa) the termination of the qualifying relationship was connected to domestic violence; or ``(bb) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status or is eligible to adjust status to that of a permanent resident under paragraph (1). ``(ii) Application of other law.--In acting on applications filed under this paragraph with respect to aliens who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply the provisions of section 204(a)(1)(J) and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). ``(B) Grounds of inadmissibility not applicable.--In establishing admissibility to the United States, the spouse or child described in subparagraph (A) shall establish that they are not inadmissible under section 212(a), except for any provision of that section that is waived under subsection (b) of this section. ``(C) Security and law enforcement clearance.--The spouse or child, if that child is 14 years of age or older, described in subparagraph (A) shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this subsection. The relevant Federal agencies shall work to ensure that such clearances are completed within 90 days of the submission of fingerprints. An appeal of a denial by the Secretary of Homeland Security shall be processed through the Department of Homeland Security. ``(3) Nonapplicability of numerical limitations.--When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. ``(b) Grounds of Inadmissibility.-- ``(1) Applicable provisions.--In the determination of an alien's admissibility under paragraphs (1)(C) and (2) of subsection (a), the following provisions of section 212(a) shall apply and may not be waived by the Secretary of Homeland Security under paragraph (3)(A): ``(A) Paragraph (1) (relating to health). ``(B) Paragraph (2) (relating to criminals). ``(C) Paragraph (3) (relating to security and related grounds). ``(D) Subparagraphs (A) and (C) of paragraph (10) (relating to polygamists and child abductors). ``(2) Grounds of inadmissibility not applicable.--The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a) shall not apply to an alien who is applying for adjustment of status under subsection (a). ``(3) Waiver of other grounds.-- ``(A) In general.--Except as provided in paragraph (1), the Secretary of Homeland Security may waive any provision of section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. ``(B) Construction.--Nothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security, other than under this subparagraph, to waive the provisions of section 212(a). ``(4) Special rule for determination of public charge.--An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(4) if the alien establishes a history of employment in the United States evidencing self-support without public cash assistance. ``(5) Special rule for individuals where there is no commercial purpose.--An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(6)(E) if the alien establishes that the action referred to in that section was taken for humanitarian purposes, to ensure family unity, or was otherwise in the public interest. ``(6) Ineligibility.-- ``(A) In general.--An alien is ineligible for adjustment to lawful permanent resident status under this section if-- ``(i) the alien has been ordered removed from the United States-- ``(I) for overstaying the period of authorized admission under section 217; ``(II) under section 235 or 238; or ``(III) pursuant to a final order of removal under section 240; ``(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B; ``(iii) the alien is subject to section 241(a)(5); ``(iv) the Secretary of Homeland Security determines that-- ``(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States; ``(II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or ``(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or ``(v) the alien has been convicted of a felony or 3 or more misdemeanors. ``(B) Exception.--Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's-- ``(i) entry into the United States without inspection; ``(ii) remaining in the United States beyond the period of authorized admission; or ``(iii) failure to maintain legal status while in the United States. ``(C) Waiver.--The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien-- ``(i) was ordered removed on the basis that the alien-- ``(I) entered without inspection; ``(II) failed to maintain status; or ``(III) was ordered removed under 212(a)(6)(C)(i) before April 7, 2006; and ``(ii) demonstrates that-- ``(I) the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); ``(II) the alien's failure to appear was due to exceptional circumstances beyond the control of the alien; or ``(III) requiring the alien to depart from the United States would result in extreme hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. ``(7) Applicability of other provisions.--Section 241(a)(5) and section 240B(d) shall not apply with respect to an alien who is applying for adjustment of status under subsection (a). ``(c) Treatment of Applicants.-- ``(1) In general.--An alien who files an application under subsection (a)(1)(A) for adjustment of status, including a spouse or child who files for adjustment of status under subsection (b)-- ``(A) shall be granted employment authorization pending final adjudication of the alien's application for adjustment of status; ``(B) shall be granted permission to travel abroad pursuant to regulation pending final adjudication of the alien's application for adjustment of status; ``(C) shall not be detained, determined inadmissible or deportable, or removed pending final adjudication of the alien's application for adjustment of status, unless the alien commits an act which renders the alien ineligible for such adjustment of status; and ``(D) shall not be considered an unauthorized alien as defined in section 274A(h)(3) until such time as employment authorization under subparagraph (A) is denied. ``(2) Document of authorization.--The Secretary of Homeland Security shall provide each alien described in paragraph (1) with a counterfeit-resistant orange card that-- ``(A) meets all current requirements established by the Secretary of Homeland Security for travel documents, including the requirements under section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note); ``(B) reflects the benefits and status set forth in paragraph (1); and ``(C) contains a unique number that authorizes card holders who have resided longer in the United States to receive the status of lawful permanent resident before similarly situated card holders whose length of residence in the United States is shorter. ``(3) Security and law enforcement clearance.--Before an alien is granted employment authorization or permission to travel under paragraph (1), the alien shall be required to undergo a name check against existing databases for information relating to criminal, national security, or other law enforcement actions. The relevant Federal agencies shall work to ensure that such name checks are completed not later than 90 days after the date on which the name check is requested. ``(4) Termination of proceedings.--An alien in removal proceedings who establishes prima facie eligibility for adjustment of status under subsection (a) shall be entitled to termination of the proceedings pending the outcome of the alien's application, unless the removal proceedings are based on criminal or national security grounds. ``(5) Adjustment to permanent residence.-- ``(A) In general.--The Secretary of Homeland Security shall adjust the status of an alien who satisfies all the requirements under subsection (a) to that of an alien lawfully admitted for permanent residence. ``(B) Nonapplicability of numerical limitations.--When an alien is granted lawful permanent resident status under this section, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. ``(d) Apprehension Before Application Period.--The Secretary of Homeland Security shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a) and who can establish prima facie [[Page S4901]] eligibility to have the alien's status adjusted under that subsection (but for the fact that the alien may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 180 days of the application period to complete the filing of an application for adjustment, the alien may not be removed from the United States unless the alien is removed on the basis that the alien has engaged in criminal conduct or is a threat to the national security of the United States. ``(e) Confidentiality of Information.-- ``(1) In general.--Except as otherwise provided in this section, no Federal agency or bureau, nor any officer or employee of such agency or bureau, may-- ``(A) use the information furnished by the applicant pursuant to an application filed under paragraph (1) or (2) of subsection (a) for any purpose other than to make a determination on the application; ``(B) make any publication through which the information furnished by any particular applicant can be identified; or ``(C) permit anyone other than the sworn officers and employees of such agency, bureau, or approved entity, as approved by the Secretary of Homeland Security, to examine individual applications that have been filed. ``(2) Required disclosures.--The Secretary of Homeland Security and the Secretary of State shall provide the information furnished pursuant to an application filed under paragraph (1) or (2) of subsection (a), and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution or a national security investigation or prosecution, in each instance about an individual suspect or group of suspects, when such information is requested in writing by such entity. ``(3) Criminal penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000. ``(f) Penalties for False Statements in Applications.-- ``(1) Criminal penalty.-- ``(A) Violation.--It shall be unlawful for any person to-- ``(i) file or assist in filing an application for adjustment of status under this section and knowingly and willfully falsify, conceal, or cover up a material fact or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or ``(ii) create or supply a false writing or document for use in making such an application. ``(B) Penalty.--Any person who violates subparagraph (A) shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both. ``(2) Inadmissibility.--An alien who is convicted of a crime under paragraph (1) shall be considered to be inadmissible to the United States. ``(3) Exception.--Notwithstanding paragraphs (1) and (2), any alien or other entity (including an employer or union) that submits an employment record that contains incorrect data that the alien used in order to obtain such employment, shall not have violated this subsection. ``(g) Ineligibility for Public Benefits.--For purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted in accordance with subsection (a) shall not be eligible for any Federal means- tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title IV of such Act (8 U.S.C. 1601 et seq.). ``(h) Relationships of Application to Certain Orders.-- ``(1) In general.--An alien who is present in the United States and has been ordered excluded, deported, removed, or to depart voluntarily from the United States or is subject to reinstatement of removal under any provision of this Act may, notwithstanding such order, apply for adjustment of status under subsection (a). Such an alien shall not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal or voluntary departure order. If the Secretary of Homeland Security grants the application, the order shall be canceled. If the Secretary of Homeland Security renders a final administrative decision to deny the application, such order shall be effective and enforceable. Nothing in this paragraph shall affect the review or stay of removal under subsection (j). ``(2) Stay of removal.--The filing of an application described in paragraph (1) shall stay the removal or detainment of the alien pending final adjudication of the application, unless the removal or detainment of the alien is based on criminal or national security grounds. ``(i) Application of Other Provisions.--Nothing in this section shall preclude an alien who may be eligible to be granted adjustment of status under subsection (a) from seeking such status under any other provision of law for which the alien may be eligible. ``(j) Administrative and Judicial Review.-- ``(1) In general.--Except as provided in this subsection, there shall be no administrative or judicial review of a determination respecting an application for adjustment of status under subsection (a). ``(2) Administrative review.-- ``(A) Single level of administrative appellate review.--The Secretary of Homeland Security shall establish an appellate authority to provide for a single level of administrative appellate review of a determination respecting an application for adjustment of status under subsection (a). ``(B) Standard for review.--Administrative appellate review referred to in subparagraph (A) shall be based solely upon the administrative record established at the time of the determination on the application and upon the presentation of additional or newly discovered evidence during the time of the pending appeal. ``(3) Judicial review.-- ``(A) Direct review.--A person whose application for adjustment of status under subsection (a) is denied after administrative appellate review under paragraph (2) may seek review of such denial, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides. ``(B) Review after removal proceedings.--There shall be judicial review in the Federal courts of appeal of the denial of an application for adjustment of status under subsection (a) in conjunction with judicial review of an order of removal, deportation, or exclusion, but only if the validity of the denial has not been upheld in a prior judicial proceeding under subparagraph (A). Notwithstanding any other provision of law, the standard for review of such a denial shall be governed by subparagraph (C). ``(C) Standard for judicial review.--Judicial review of a denial of an application under this section shall be based solely upon the administrative record established at the time of the review. The findings of fact and other determinations contained in the record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record, considered as a whole. ``(4) Stay of removal.--Aliens seeking administrative or judicial review under this subsection shall not be removed from the United States until a final decision is rendered establishing ineligibility under this section, unless such removal is based on criminal or national security grounds. ``(k) Dissemination of Information on Adjustment Program.-- During the 12 months following the issuance of final regulations in accordance with subsection (o), the Secretary of Homeland Security, in cooperation with approved entities, approved by the Secretary of Homeland Security, shall broadly disseminate information respecting adjustment of status under this section and the requirements to be satisfied to obtain such status. The Secretary of Homeland Security shall also disseminate information to employers and labor unions to advise them of the rights and protections available to them and to workers who file applications under this section. Such information shall be broadly disseminated, in the languages spoken by the top 15 source countries of the aliens who would qualify for adjustment of status under this section, including to television, radio, and print media such aliens would have access to. ``(l) Employer Protections.-- ``(1) Immigration status of alien.--Employers of aliens applying for adjustment of status under this section shall not be subject to civil and criminal tax liability relating directly to the employment of such alien. ``(2) Provision of employment records.--Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for adjustment of status under this section or any other application or petition pursuant to other provisions of the immigration laws, shall not be subject to civil and criminal liability pursuant to section 274A for employing such unauthorized aliens. ``(3) Applicability of other law.--Nothing in this subsection shall be used to shield an employer from liability pursuant to section 274B or any other labor and employment law provisions. ``(m) Authorization of Appropriations; Fines; Fees.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $100,000,000 for fiscal year 2007, which shall remain available until expended, to carry out this section. ``(2) Fine.--An alien who files an application under this section (except for an alien under 18 years of age) shall pay a fine equal to $2,000. ``(3) Fee.--Annual processing fee of $50. ``(4) Immigration examinations fee account.--Of the amounts collected each fiscal year under paragraphs (2) and (3), the Secretary of Homeland Security shall deposit-- ``(A) $10,000,000 into the General Fund of the Treasury, until an amount equal to the amount appropriated pursuant to paragraph (1) has been deposited under this subparagraph; and ``(B) the remaining amount into the Immigration Examinations Fee Account established under section 286(m). ``(5) Use of amounts collected.--Of the amounts deposited into the Immigration Examinations Fee Account under paragraph (4)(B)-- ``(A) such amounts as may be necessary shall be available, without fiscal year limitation, to-- [[Page S4902]] ``(i) the Secretary of Homeland Security to implement this section and to process applications received under this section; and ``(ii) the Secretary of Homeland Security and the Secretary of State for administrative and other expenses incurred in connection with the review of applications filed by immediate relatives of aliens applying for adjustment of status under this section; and ``(B) any amounts not expended under subparagraph (A) shall be available to the Secretary of Homeland Security to improve border security. ``(n) Rulemaking.-- ``(1) In general.--Not later than 120 days after the date of the enactment of the Orange Card Program, the Secretary of Homeland Security shall issue regulations to implement this section. ``(2) Application processing procedure.--The regulations issued under paragraph (1) shall include a procedure for the orderly, efficient, and effective processing of applications received under this section. Such procedure shall require the Secretary of Homeland Security to-- ``(A) permit applications under this section to be filed electronically, to the extent possible; and ``(B) allow for initial registration with fingerprints of applicants to be followed by a personal appointment and completed application.''. (2) Table of contents.--The table of contents is amended by inserting after the item relating to section 245A the following: ``Sec. 245B. Access to earned adjustment.''. ______