S.Amdt. 4087Senate109th Congress (2005-2007)

To modify the conditions under which aliens who are unlawfully present in the United States are granted legal status.

Submitted May 22, 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

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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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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

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Considered by Senate. (consideration: CR S4924-4936; text as modified: CR S4924-4927)

May 23, 2006

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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 submitted

May 22, 2006

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Senate amendment proposed (on the floor): Amendment SA 4087 proposed by Senator Feinstein.

May 22, 2006

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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

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.''.
______