To improve the bill.

SA 4188. Mr. SPECTER (for himself and Mr. Kennedy) proposed an
amendment to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; as follows:

On page 8, between lines 20 and 21, insert the following:
(3) Deputy united states marshals.--In each of the fiscal
years 2007 through 2011, the Attorney General shall, subject
to the availability of appropriations, increase by not less
than 50 the number of positions for full-time active duty
Deputy United States Marshals that investigate criminal
matters related to immigration.
(4) Recruitment of former military personnel.--
(A) In general.--The Commissioner of United States Customs
and Border Protection, in conjunction with the Secretary of
Defense or a designee of the Secretary of Defense, shall
establish a program to actively recruit members of the Army,
Navy, Air Force, Marine Corps, and Coast Guard who have
elected to separate from active duty.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit a report
on the implementation of the recruitment program established
pursuant to subparagraph (A) to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives.
On page 9, line 3, strike ``(2)'' and insert the following:
(2) Deputy united states marshals.--There are authorized to
be appropriated to the Attorney General such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a)(3).
(3)
On page 33, between lines 9 and 10, insert the following:

SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.

(a) Cooperation Regarding Border Security.--The Secretary
of State, in cooperation with the Secretary and
representatives of Federal, State, and local law enforcement
agencies that are involved in border security and immigration
enforcement efforts, shall work with the appropriate
officials from the Government of Mexico to improve
coordination between the United States and Mexico regarding--
(1) improved border security along the international border
between the United States and Mexico;
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--
The Secretary of State, in cooperation with other appropriate
Federal officials, shall work with the appropriate officials
from the Government of Mexico to carry out activities to
educate citizens and nationals of Mexico regarding
eligibility for status as a nonimmigrant under Federal law to
ensure that the citizens and nationals are not exploited
while working in the United States.
(c) Cooperation Regarding Circular Migration.--The
Secretary of State, in cooperation with the Secretary of
Labor and other appropriate Federal officials, shall work
with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico
to encourage circular migration, including assisting in the
development of economic opportunities and providing job
training for citizens and nationals in Mexico.
(d) Consultation Requirement.--Federal, State, and local
representatives in the United States shall consult with their
counterparts in Mexico concerning the construction of
additional fencing and related border security structures
along the international border between the United States and
Mexico, as authorized by this title, before the commencement
of any such construction in order to--
(1) solicit the views of affected communities;
(2) lessen tensions; and
(3) foster greater understanding and stronger cooperation
on this and other important security issues of mutual
concern.
(e) Annual Report.--Not later than 180 days after the date
of enactment of this Act, and annually thereafter, the
Secretary of State shall submit to Congress a report on the
actions taken by the United States and Mexico under this
section.
On page 51, line 12, strike ``554'' and insert ``555''.
On page 53, between lines 3 and 4, strike ``554'' and
insert ``555''.
On page 53, between lines 14 and 15, insert the following:

SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS
AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE
IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland
Security and the Secretary of Defense shall jointly submit to
the appropriate committees of Congress a report assessing the
desirability and feasibility of offering incentives to
covered members and former members of the Armed Forces for
the purpose of encouraging such members to serve in the
Bureau of Customs and Border Protection.
(b) Covered Members and Former Members of the Armed
Forces.--For purposes of this section, covered members and
former members of the Armed Forces are the following:
(1) Members of the reserve components of the Armed Forces.
(2) Former members of the Armed Forces within two years of
separation from service in the Armed Forces.
(c) Requirements and Limitations.--
(1) Nature of incentives.--In considering incentives for
purposes of the report required by subsection (a), the
Secretaries shall consider such incentives, whether monetary
or otherwise and whether or not authorized by current law or
regulations, as the Secretaries jointly consider appropriate.
(2) Targeting of incentives.--In assessing any incentive
for purposes of the report, the

[[Page S5260]]

Secretaries shall give particular attention to the utility of
such incentive in--
(A) encouraging service in the Bureau of Customs and Border
Protection after service in the Armed Forces by covered
members and former of the Armed Forces who have provided
border patrol or border security assistance to the Bureau as
part of their duties as members of the Armed Forces; and
(B) leveraging military training and experience by
accelerating training, or allowing credit to be applied to
related areas of training, required for service with the
Bureau of Customs and Border Protection.
(3) Payment.--In assessing incentives for purposes of the
report, the Secretaries shall assume that any costs of such
incentives shall be borne by the Department of Homeland
Security.
(d) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of various monetary and non-monetary
incentives considered for purposes of the report.
(2) An assessment of the desirability and feasibility of
utilizing any such incentive for the purpose specified in
subsection (a), including an assessment of the particular
utility of such incentive in encouraging service in the
Bureau of Customs and Border Protection after service in the
Armed Forces by covered members and former members of the
Armed Forces described in subsection (c)(2).
(3) Any other matters that the Secretaries jointly consider
appropriate.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Homeland Security and
Governmental Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security,
and Appropriations of the House of Representatives.

SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

(a) Findings.--Congress makes the following findings:
(1) United States citizens make approximately 130,000,000
land border crossings each year between the United States and
Canada and the United States and Mexico, with approximately
23,000,000 individual United States citizens crossing the
border annually.
(2) Approximately 27 percent of United States citizens
possess United States passports.
(3) In fiscal year 2005, the Secretary of State issued an
estimated 10,100,000 passports, representing an increase of
15 percent from fiscal year 2004.
(4) The Secretary of State estimates that 13,000,000
passports will be issued in fiscal year 2006, 16,000,000
passports will be issued in fiscal year 2007, and 17,000,000
passports will be issued in fiscal year 2008.
(b) Extension of Western Hemisphere Travel Initiative
Implementation Deadline.--Section 7209(b)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by
striking ``January 1, 2008'' and inserting ``the later of
June 1, 2009, or 3 months after the Secretary of State and
the Secretary of Homeland Security make the certification
required in subsection (i) of section 133 of the
Comprehensive Immigration Reform Act of 2006.''.
(c) Passport Cards.--
(1) Authority to issue.--In order to facilitate travel of
United States citizens to Canada, Mexico, the countries
located in the Caribbean, and Bermuda, the Secretary of
State, in consultation with the Secretary, is authorized to
develop a travel document known as a Passport Card.
(2) Issuance.--In accordance with the Western Hemisphere
Travel Initiative carried out pursuant to section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of
State, in consultation with the Secretary, shall be
authorized to issue to a citizen of the United States who
submits an application in accordance with paragraph (5) a
travel document that will serve as a Passport Card.
(3) Applicability.--A Passport Card shall be deemed to be a
United States passport for the purpose of United States laws
and regulations relating to United States passports.
(4) Validity.--A Passport Card shall be valid for the same
period as a United States passport.
(5) Limitation on use.--A Passport Card may only be used
for the purpose of international travel by United States
citizens through land and sea ports of entry between--
(A) the United States and Canada;
(B) the United States and Mexico; and
(C) the United States and a country located in the
Caribbean or Bermuda.
(6) Application for issuance.--To be issued a Passport
Card, a United States citizen shall submit an application to
the Secretary of State. The Secretary of State shall require
that such application shall contain the same information as
is required to determine citizenship, identity, and
eligibility for issuance of a United States passport.
(7) Technology.--
(A) Expedited traveler programs.--To the maximum extent
practicable, a Passport Card shall be designed and produced
to provide a platform on which the expedited traveler
programs carried out by the Secretary, such as NEXUS, NEXUS
AIR, SENTRI, FAST, and Register Traveler may be added. The
Secretary of State and the Secretary shall notify Congress
not later than July 1, 2007, if the technology to add
expedited travel features to the Passport Card is not
developed by that date.
(B) Technology.--The Secretary and the Secretary of State
shall establish a technology implementation plan that
accommodates desired technology requirements of the
Department of State and the Department, allows for future
technological innovations, and ensures maximum facilitation
at the northern and southern borders.
(8) Specifications for card.--A Passport Card shall be
easily portable and durable. The Secretary of State and the
Secretary shall consult regarding the other technical
specifications of the Card, including whether the security
features of the Card could be combined with other existing
identity documentation.
(9) Fee.--
(A) In general.--An applicant for a Passport Card shall
submit an application under paragraph (6) together with a
nonrefundable fee in an amount to be determined by the
Secretary of State. Passport Card fees shall be deposited as
an offsetting collection to the appropriate Department of
State appropriation, to remain available until expended.
(B) Limitation on fees.--
(i) In general.--The Secretary of State shall seek to make
the application fee under this paragraph as low as possible.
(ii) Maximum fee without certification.--Except as provided
in clause (iii), the application fee may not exceed $24.
(iii) Maximum fee with certification.--The application fee
may be not more than $34 if the Secretary of State, the
Secretary, and the Postmaster General--

(I) jointly certify to Congress that the cost to produce
and issue a Passport Card significantly exceeds $24; and
(II) provide a detailed cost analysis for such fee.

(C) Reduction of fee.--The Secretary of State shall reduce
the fee for a Passport Card for an individual who submits an
application for a Passport Card together with an application
for a United States passport.
(D) Waiver of fee for children.--The Secretary of State
shall waive the fee for a Passport Card for a child under 18
years of age.
(E) Audit.--In the event that the fee for a Passport Card
exceeds $24, the Comptroller General of the United States
shall conduct an audit to determine whether Passport Cards
are issued at the lowest possible cost.
(10) Accessibility.--In order to make the Passport Card
easily obtainable, an application for a Passport Card shall
be accepted in the same manner and at the same locations as
an application for a United States passport.
(11) Rule of construction.--Nothing in this section shall
be construed as limiting, altering, modifying, or otherwise
affecting the validity of a United States passport. A United
States citizen may possess a United States passport and a
Passport Card.
(d) State Enrollment Demonstration Program.--
(1) In general.--Notwithstanding any other provisions of
law, the Secretary of State and the Secretary shall enter
into a memorandum of understanding with 1 or more appropriate
States to carry out at least 1 demonstration program as
follows:
(A) A State may include an individual's United States
citizenship status on a driver's license which meets the
requirements of section 202 of the REAL ID Act of 2005
(division B of Public Law 109-13; 49 U.S.C. 30301 note).
(B) The Secretary of State shall develop a mechanism to
communicate with a participating State to verify the United
States citizenship status of an applicant who voluntarily
seeks to have the applicant's United States citizenship
status included on a driver's license.
(C) All information collected about the individual shall be
managed exclusively in the same manner as information
collected through a passport application and no further
distribution of such information shall be permitted.
(D) A State may not require an individual to include the
individual's citizenship status on a driver's license.
(E) Notwithstanding any other provision of law, a driver's
license which meets the requirements of this paragraph shall
be deemed to be sufficient documentation to permit the bearer
to enter the United States from Canada or Mexico through not
less than at least 1 designated international border crossing
in each State participating in the demonstration program.
(2) Rule of construction.--Nothing in this subsection shall
have the effect of creating a national identity card.
(3) Authority to expand.--The Secretary of State and the
Secretary may expand the demonstration program under this
subsection so that such program is carried out in additional
States, through additional ports of entry, for additional
foreign countries, and in a manner that permits the use of
additional types of identification documents to prove
identity under the program.
(4) Study.--Not later than 6 months after the date that the
demonstration program under this subsection is carried out,
the Comptroller General of the United States shall conduct a
study of--
(A) the cost of the production and issuance of documents
that meet the requirements of the program compared with other
travel documents;
(B) the impact of the program on the flow of cross-border
traffic and the economic impact of the program; and

[[Page S5261]]

(C) the security of travel documents that meet the
requirements of the program compared with other travel
documents.
(5) Reciprocity with canada.--Notwithstanding any other
provision of law, if the Secretary of State and the Secretary
certify that certain identity documents issued by Canada (or
any of its provinces) meet security and citizenship standards
comparable to the requirements described in paragraph (1),
the Secretary may determine that such documents are
sufficient to permit entry into the United States. The
Secretary shall work, the to maximum extent possible, to
ensure that identification documents issued by Canada that
are used as described in this paragraph contain the same
technology as identification documents issued by the United
States (or any State).
(6) Additional pilot programs.--To the maximum extent
possible, the Secretary shall seek to conduct pilot programs
related to Passport Cards and the State Enrollment
Demonstration Program described in this subsection on the
international border between the United States and Canada and
the international border between the United States and
Mexico.
(e) Expedited Processing for Repeat Travelers.--
(1) Land crossings.--To the maximum extent practicable at
the United States border with Canada and the United States
border with Mexico, the Secretary shall expand expedited
traveler programs carried out by the Secretary to all ports
of entry and should encourage citizens of the United States
to participate in the preenrollment programs, as such
programs assist border control officers of the United States
in the fight against terrorism by increasing the number of
known travelers crossing the border. The identities of such
expedited travelers should be entered into a database of
known travelers who have been subjected to in-depth
background and watch-list checks to permit border control
officers to focus more attention on unknown travelers,
potential criminals, and terrorists. The Secretary, in
consultation with the appropriate officials of the Government
of Canada, shall equip at least 6 additional northern border
crossings with NEXUS technology and 6 additional southern
ports of entry with SENTRI technology.
(2) Sea crossings.--The Commissioner of Customs and Border
Patrol shall conduct and expand trusted traveler programs and
pilot programs to facilitate expedited processing of United
States citizens returning from pleasure craft trips in
Canada, Mexico, the Caribbean, or Bermuda. One such program
shall be conducted in Florida and modeled on the I-68
program.
(f) Process for Individuals Lacking Appropriate
Documents.--
(1) In general.--The Secretary shall establish a program
that satisfies section 7209 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8
U.S.C. 1185 note)--
(A) to permit a citizen of the United States who has not
been issued a United States passport or other appropriate
travel document to cross the international border and return
to the United States for a time period of not more than 72
hours, on a limited basis, and at no additional fee; or
(B) to establish a process to ascertain the identity of,
and make admissibility determinations for, a citizen
described in paragraph (A) upon the arrival of such citizen
at an international border of the United States.
(2) Grace period.--During a time period determined by the
Secretary, officers of the United States Customs and Border
Patrol may permit citizens of the United States and Canada
who are unaware of the requirements of 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note), or otherwise
lacking appropriate documentation, to enter the United States
upon a demonstration of citizenship satisfactory to the
officer. Officers of the United States Customs and Border
Patrol shall educate such individuals about documentary
requirements.
(g) Travel by Children.--Notwithstanding any other
provision of law, the Secretary shall develop a procedure to
accommodate groups of children traveling by land across an
international border under adult supervision with parental
consent without requiring a government-issued identity and
citizenship document.
(h) Public Promotion.--The Secretary of State, in
consultation with the Secretary, shall develop and implement
an outreach plan to inform United States citizens about the
Western Hemisphere Travel Initiative and the provisions of
this Act, to facilitate the acquisition of appropriate
documentation to travel to Canada, Mexico, the countries
located in the Caribbean, and Bermuda, and to educate United
States citizens who are unaware of the requirements for such
travel. Such outreach plan should include--
(1) written notifications posted at or near public
facilities, including border crossings, schools, libraries,
Amtrak stations, and United States Post Offices located
within 50 miles of the international border between the
United States and Canada or the international border between
the United States and Mexico and other ports of entry;
(2) provisions to seek consent to post such notifications
on commercial property, such as offices of State departments
of motor vehicles, gas stations, supermarkets, convenience
stores, hotels, and travel agencies;
(3) the collection and analysis of data to measure the
success of the public promotion plan; and
(4) additional measures as appropriate.
(i) Certification.--Notwithstanding any other provision of
law, the Secretary may not implement the plan described in
section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note) until the later of June 1, 2009, or the date that is 3
months after the Secretary of State and the Secretary certify
to Congress that--
(1)(A) if the Secretary and the Secretary of State develop
and issue Passport Cards under this section--
(i) such cards have been distributed to at least 90 percent
of the eligible United States citizens who applied for such
cards during the 6-month period beginning not earlier than
the date the Secretary of State began accepting applications
for such cards and ending not earlier than 10 days prior to
the date of certification;
(ii) Passport Cards are provided to applicants, on average,
within 4 weeks of application or within the same period of
time required to adjudicate a passport; and
(iii) a successful pilot has demonstrated the effectiveness
of the Passport Card; or
(B) if the Secretary and the Secretary of State do not
develop and issue Passport Cards under this section and
develop a program to issue an alternative document that
satisfies the requirements of section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004, in
addition to the NEXUS, SENTRI, FAST and Border Crossing Card
programs, such alternative document is widely available and
well publicized;
(2) United States border crossings have been equipped with
sufficient document readers and other technologies to ensure
that implementation will not substantially slow the flow of
traffic and persons across international borders;
(3) officers of the Bureau of Customs and Border Protection
have received training and been provided the infrastructure
necessary to accept Passport Cards and all alternative
identity documents at all United States border crossings; and
(4) the outreach plan described in subsection (g) has been
implemented and the Secretary determines such plan has been
successful in providing information to United States
citizens.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State and the
Secretary such sums as may be necessary to carry out this
section, and the amendment made by this section.
On page 54, line 1, strike ``555'' and insert ``556''.
On page 55, between lines 4 and 5, strike ``555'' and
insert ``556''.
On page 55, line 7, strike ``555'' and insert ``556''.
On page 55, line 15, strike ``554'' and insert ``556''.
On page 55, line 16, strike ``132'' and insert ``142''.
On page 55, line 21, strike ``554'' and insert ``556''.
Beginning on page 78, line 25, strike ``instituted in the
United States District Court for the District of Columbia''
and insert ``brought in a United States district court''.
On page 81, line 10, insert ``Immigration'' before
``Reform''.
On page 151, between lines 6 and 7, insert the following:
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Director of the Federal Bureau of
Investigations $3,125,000 for each of fiscal years 2007
through 2011 for improving the speed and accuracy of
background and security checks conducted by the Federal
Bureau of Investigations on behalf of the Bureau of
Citizenship and Immigrations Services.
(d) Report on Background and Security Checks.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigations shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on the background and
security checks conducted by the Federal Bureau of
Investigations on behalf of the Bureau of Citizenship and
Immigrations Services
(2) Content.--The report required under paragraph (1) shall
include--
(A) a description of the background and security check
program;
(B) a statistical breakdown of the background and security
check delays associated with different types of immigration
applications;
(C) a statistical breakdown of the background and security
check delays by applicant country of origin; and
(D) the steps the Federal Bureau of Investigations is
taking to expedite background and security checks that have
been pending for more than 60 days.
On page 157, line 18, insert ``of Homeland Security'' after
``Secretary''.
On page 164, line 20, strike ``before, on,'' and insert
``on''.
On page 183, between lines 4 and 5, insert the following:

SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN
TRANSFER SYSTEM.

Not later than 60 days after the date of enactment of this
Act, the Attorney General shall issue a directive to expand
the Justice Prisoner and Alien Transfer System (JPATS) so
that such System provides additional services with respect to
aliens who are illegally present in the United States. Such
expansion should include--

[[Page S5262]]

(1) increasing the daily operations of such System with
buses and air hubs in 3 geographic regions;
(2) allocating a set number of seats for such aliens for
each metropolitan area;
(3) allowing metropolitan areas to trade or give some of
seats allocated to them under the System for such aliens to
other areas in their region based on the transportation needs
of each area; and
(4) requiring an annual report that analyzes of the number
of seats that each metropolitan area is allocated under this
System for such aliens and modifies such allocation if
necessary.
On page 249, beginning on line 12, strike ``clause (iii)''
and insert ``this subparagraph''.
On page 253, beginning on line 4, strike ``Initial Entry,
Adjustment, and Citizenship Assistance Grant Act'' and insert
``Comprehensive Immigration Reform Act''.
On page 253, beginning on line 17, strike ``Initial Entry,
Adjustment, and Citizenship Assistance Grant Act'' and insert
``Comprehensive Immigration Reform Act''.
On page 255, strike lines 4 through 7, and insert the
following:
``(A) In general.--
``(i) Period of unemployment.--Subject to clause (ii) and
subsection (c), the period of authorized admission of an H-2C
nonimmigrant shall terminate if the alien is unemployed for
60 or more consecutive days.
``(ii) Exception.--The period of authorized admission of an
H-2C nonimmigrant shall not terminate if the alien is
unemployed for 60 or more consecutive days if such
unemployment is caused by--

``(I) a period of physical or mental disability of the
alien or the spouse, son, daughter, or parent (as defined in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611)) of the alien;
``(II) a period of vacation, medical leave, maternity
leave, or similar leave from employment authorized by
employer policy, State law, or Federal law; or
``(III) any other period of temporary unemployment caused
by circumstances beyond the control of the alien.

On page 255, line 19, strike ``subsections (b) and (f)(2)''
and insert ``subsection (b)''.
On page 259, strike lines 5 through 8 and insert the
following:
``(1) any relief under section 240A(a), 240A(b)(1), or
240B; or
``(2) nonimmigrant status under section 101(a)(15) (except
subparagraphs (T) and (U)).
On page 260, line 18, strike ``may be required to'' and
insert ``shall''.
On page 295, line 10, strike ``available'' and insert
``available, subject to the numerical limitations set out in
sections 201(d) and 203(b),''.
On page 316, strike lines 6 through 15 and insert the
following:

SEC. 502. COUNTRY LIMITS.

Section 202(a) (8 U.S.C. 1152(a)) is amended by striking
``7 percent (in the case of a single foreign state) or 2
percent'' and inserting ``10 percent (in the case of a single
foreign state) or 5 percent''.
On page 320, between lines 3 and 4, insert the following:
(c) Special Immigrants Not Subject to Numerical
Limitations.--Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A))
is amended by striking ``subparagraph (A) or (B) of ''.
On page 320, line 13, insert ``AND WIDOWS'' after
``CHILDREN''.
On page 321, line 5, insert ``or, if married for less than
2 years at the time of the citizen's death, proves by a
preponderance of the evidence that the marriage was entered
into in good faith and not solely for the purpose of
obtaining an immigration benefit'' after ``death''.
On page 336, strike line 3 and all that follows through
``(d)'' on page 337, line 19, and insert the following:
(B) by striking ``, and'' and inserting a semicolon; and
(3) by adding at the end the following:
``(iv) an alien described in clause (i) who has been
accepted and plans to attend an accredited graduate program
in mathematics, engineering, technology, or the sciences in
the United States for the purpose of obtaining an advanced
degree; and
``(v) an alien who maintains actual residence and place of
abode in the alien's country of nationality, who is described
in clause (i), except that the alien's actual course of study
may involve a distance learning program, for which the alien
is temporarily visiting the United States for a period not to
exceed 30 days.
(b) Creation of J-STEM Visa Category.--Section
101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as
follows:
``(J) an alien with a residence in a foreign country that
(except in the case of an alien described in clause (ii)) the
alien has no intention of abandoning, who is a bona fide
student, scholar, trainee, teacher, professor, research
assistant, specialist, or leader in a field of specialized
knowledge or skill, or other person of similar description,
and who--
``(i) is coming temporarily to the United States as a
participant in a program (other than a graduate program
described in clause (ii)) designated by the Secretary of
State, for the purpose of teaching, instructing or lecturing,
studying, observing, conducting research, consulting,
demonstrating special skills, or receiving training and who,
if coming to the United States to participate in a program
under which the alien will receive graduate medical education
or training, also meets the requirements of section 212(j),
and the alien spouse and minor children of any such alien if
accompanying the alien or following to join the alien; or
``(ii) has been accepted and plans to attend an accredited
graduate program in the sciences, technology, engineering, or
mathematics in the United States for the purpose of obtaining
an advanced degree.
(c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V)''
and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
(d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8
U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-
Secondary School Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under subparagraph (F)(iv)
or (J)(ii) of section 101(a)(15) shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program;
and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.
(e) Waiver of Foreign Residence Requirement.--Section
212(e) (8 U.S.C. 1182(e)) is amended--
(1) by inserting ``(1)'' before ``No person'';
(2) by striking ``admission (i) whose'' and inserting the
following: ``admission--
``(A) whose
(3) by striking ``residence, (ii) who'' and inserting the
following: ``residence;
``(B) who
(4) by striking ``engaged, or (iii) who'' and inserting the
following: ``engaged; or
``(C) who
(5) by striking ``training, shall'' and inserting the
following: ``training,
``shall
(6) by striking ``United States: Provided, That upon'' and
inserting the following: ``United States.
``(2) Upon'';
(7) by striking ``section 214(l): And provided further,
That, except'' and inserting the following: ``section 214(l).
``(3) Except''; and
(8) by adding at the end the following:
``(4) An alien who has been issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(J)(ii),
or who would have qualified for such nonimmigrant status if
section 101(a)(15)(J)(ii) had been enacted before the
completion of such alien's graduate studies, shall not be
subject to the 2-year foreign residency requirement under
this subsection.
(f)
On page 339, line 10, strike ``(e)'' and insert ``(g)''.
On page 340, strike line 12 and all that follows through
``(f)'' on page 341, line 5, and insert the following:
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under subparagraph (J)(ii) or
(F)(iv) of section 101(a)(15), or would have qualified for
such nonimmigrant status if subparagraph (J)(ii) or (F)(iv)
of section 101(a)(15) had been enacted before the completion
of such alien's graduate studies;
``(B) the alien has earned an advanced degree in the
sciences, technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition filed
under subparagraph (E) or (F) of section 204(a)(1); and
``(D) a fee of $2,000 is remitted to the Secretary on
behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an
immigrant visa number becomes available.
``(4) Filing in cases of unavailable visa numbers.--Subject
to the limitation described in paragraph (3), if a
supplemental petition fee is paid for a petition under
subparagraph (E) or (F) of section 204(a)(1), an application
under paragraph (1) on behalf of an alien that is a
beneficiary of the petition (including a spouse or child who
is accompanying or following to join the beneficiary) may be
filed without regard to the requirement under paragraph
(1)(D).
``(5) Pending applications.--Subject to the limitation
described in paragraph (3), if a petition under subparagraph
(E) or (F) of section 204(a)(1) is pending or approved as of
the date of enactment of this paragraph, on payment of the
supplemental petition fee under that section, the alien that
is the beneficiary of the petition may submit an application
for adjustment of status under this subsection without regard
to the requirement under paragraph (1)(D).
``(6) Employment authorizations and advanced parole travel
documentation.--The Attorney General shall--
``(A) provide to any immigrant who has submitted an
application for adjustment of status under this subsection
not less than 3

[[Page S5263]]

increments, the duration of each of which shall be not less
than 3 years, for any applicable employment authorization or
advanced parole travel document of the immigrant; and
``(B) adjust each applicable fee payment schedule in
accordance with the increments provided under subparagraph
(A) so that 1 fee for each authorization or document is
required for each 3-year increment.
(h)
On page 345, between lines 5 and 6, insert the following:

SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR
ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.

Section 214(c) (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (6)(D)--
(A) by Striking ``Any person'' and inserting ``(i) Except
as provided in clause (ii), any person''; and
(B) adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate
each petition for an alien with extraordinary ability in the
arts (as described in section 101(a)(15)(O)(i)), an alien
accompanying such an alien (as described in clauses (ii) and
(iii) of section 101(a)(15)(O)), or an alien described in
section 101(a)(15)(P) not later than 30 days after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
opportunity, as appropriate, to supply rebuttal evidence.
``(iii) If a petition described in clause (ii) is not
adjudicated before the end of the 30-day period described in
clause (ii) and the petitioner is a qualified nonprofit
organization or an individual or entity petitioning primarily
on behalf of a qualified nonprofit organization, the
Secretary of Homeland Security shall provide the petitioner
with the premium-processing services referred to in section
286(u), without a fee.''.

SEC. 511. POWERLINE WORKERS.

Section 214(e) (8 U.S.C. 1184(e)) is amended by adding at
the end the following new paragraph:
``(7) A citizen of Canada who is a powerline worker, who
has received significant training, and who seeks admission to
the United States to perform powerline repair and maintenance
services shall be admitted in the same manner and under the
same authority as a citizen of Canada described in paragraph
(2).''.

SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE
HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF
1998.

(a) In General.--Section 902(d) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
amended by adding at the end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--Determinations made
under this subsection as to whether an individual is a child
of a parent shall be made using the age and status of the
individual on October 21, 1998.
``(B) Application submission by parent.--Notwithstanding
paragraph (1)(C), an application under this subsection filed
based on status as a child may be filed for the benefit of
such child by a parent or guardian of the child, if the child
is physically present in the United States on such filing
date.''.
(b) New Applications and Motions to Reopen.--
(1) New applications.--Notwithstanding section 902(a)(1)(A)
of the Haitian Refugee Immigration Fairness Act of 1998, an
alien who is eligible for adjustment of status under such
Act, as amended by subsection (a), may submit an application
for adjustment of status under such Act not later than the
later of--
(A) 2 years after the date of the enactment of this Act; or
(B) 1 year after the date on which final regulations
implementing this section, and the amendment made by
subsection (a), are promulgated.
(2) Motions to reopen.--The Secretary shall establish
procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian
Refugee Immigration Fairness Act of 1998 that are affected by
the amendment made by subsection (a).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian Refugee Immigration Fairness Act of
1998 shall apply to an alien present in the United States who
has been ordered excluded, deported, removed, or ordered to
depart voluntarily, and who files an application under
paragraph (1) or a motion under paragraph (2), in the same
manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act prior to
April 1, 2000.
(c) Inadmissibility Determination.--Section 902 of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C.
1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D)
by inserting ``(6)(C)(i),'' after ``(6)(A),''.

Subtitle B--SKIL Act

SEC. 521. SHORT TITLE.

This subtitle may be cited as the ``Securing Knowledge,
Innovation, and Leadership Act of 2006'' or the ``SKIL Act of
2006''

SEC. 522. H-1B VISA HOLDERS.

(a) In General.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is
amended--
(1) in subparagraph (B)--
(A) by striking ``nonprofit research'' and inserting
``nonprofit'';
(B) by inserting ``Federal, State, or local'' before
``governmental''; and
(C) by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by striking ``a United States institution of higher
education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))),'' and inserting
``an institution of higher education in a foreign country,'';
and
(B) by striking the period at the end and inserting a
semicolon;
(3) by adding at the end, the following new subparagraphs:
``(D) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(E) has been awarded medical specialty certification
based on post-doctoral training and experience in the United
States; or''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to any petition or visa application pending on
the date of enactment of this Act and any petition or visa
application filed on or after such date.

SEC. 523. MARKET-BASED VISA LIMITS.

Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vi) by striking ``and'';
(ii) in clause (vii), by striking ``each succeeding fiscal
year; or'' and inserting ``each of fiscal years 2004, 2005,
and 2006;''; and
(iii) by adding after clause (vii) the following:
``(viii) 115,000 in the first fiscal year beginning after
the date of the enactment of the Securing Knowledge,
Innovation, and Leadership Act of 2006; and
``(ix) the number calculated under paragraph (9) in each
fiscal year after the year described in clause (viii); or'';
(2) in paragraph (8), by striking subparagraphs (B)(iv) and
(D);
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical
limitation under paragraph (1)(A)(ix) for the subsequent
fiscal year shall be equal to 120 percent of the numerical
limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to the numerical
limitation of the given fiscal year.''.

SEC. 524. UNITED STATES EDUCATED IMMIGRANTS.

(a) In General.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is
amended by adding at the end the following:
``(F) Aliens who have earned a master's or higher degree
from an accredited United States university.
``(G) Aliens who have been awarded medical specialty
certification based on post-doctoral training and experience
in the United States preceding their application for an
immigrant visa under section 203(b).
``(H) Aliens who will perform labor in shortage occupations
designated by the Secretary of Labor for blanket
certification under section 212(a)(5)(A) as lacking
sufficient United States workers able, willing, qualified,
and available for such occupations and for which the
employment of aliens will not adversely affect the terms and
conditions of similarly employed United States workers.
``(I) Aliens who have earned a master's degree or higher in
science, technology, engineering, or math and have been
working in a related field in the United States in a
nonimmigrant status during the 3-year period preceding their
application for an immigrant visa under section 203(b).
``(J) Aliens described in subparagraph (A) or (B) of
section 203(b)(1) or who have received a national interest
waiver under section 203(b)(2)(B).
``(K) The spouse and minor children of an alien who is
admitted as an employment-based immigrant under section
203(b).''.
(b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8
U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of subclause (II) and
inserting ``; or''; and
(3) by adding at the end the following:

``(III) is a member of the professions and has a master's
degree or higher from an accredited United States university
or has been awarded medical specialty certification based on
post-doctoral training and experience in the United
States.''.

SEC. 525. STUDENT VISA REFORM.

(a) In General.--
(1) Nonimmigrant classification.--Section 101(a)(15)(F) (8
U.S.C. 1101(a)(15)(F)) is amended to read as follows:
``(F) an alien--
``(i) who--
``(I) is a bona fide student qualified to pursue a full
course of study in mathematics,

[[Page S5264]]

engineering, technology, or the sciences leading to a
bachelors or graduate degree and who seeks to enter the
United States for the purpose of pursuing such a course of
study consistent with section 214(m) at an institution of
higher education (as defined by section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) in the United
States, particularly designated by the alien and approved by
the Secretary of Homeland Security, after consultation with
the Secretary of Education, which institution or place of
study shall have agreed to report to the Secretary the
termination of attendance of each nonimmigrant student, and
if any such institution of learning or place of study fails
to make reports promptly the approval shall be withdrawn; or
``(II) is engaged in temporary employment for optional
practical training related to such alien's area of study
following completion of the course of study described in
subclause (I) for a period or periods of not more than 24
months;
``(ii) who--
``(I) has a residence in a foreign country which the alien
has no intention of abandoning, who is a bona fide student
qualified to pursue a full course of study, and who seeks to
enter the United States temporarily and solely for the
purpose of pursuing such a course of study consistent with
section 214(m) at an established college, university,
seminary, conservatory, academic high school, elementary
school, or other academic institution or in a language
training program in the United States, particularly
designated by the alien and approved by the Secretary of
Homeland Security, after consultation with the Secretary of
Education, which institution or place of study shall have
agreed to report to the Secretary the termination of
attendance of each nonimmigrant student, and if any such
institution of learning or place of study fails to make
reports promptly the approval shall be withdrawn; or
``(II) is engaged in temporary employment for optional
practical training related to such alien's area of study
following completion of the course of study described in
subclause (I) for a period or periods of not more than 24
months;
``(iii) who is the spouse or minor child of an alien
described in clause (i) or (ii) if accompanying or following
to join such an alien; or
``(iv) who--
``(I) is a national of Canada or Mexico, who maintains
actual residence and place of abode in the country of
nationality, who is described in clause (i) or (ii) except
that the alien's qualifications for and actual course of
study may be full or part-time, and who commutes to the
United States institution or place of study from Canada or
Mexico; or
``(II) is engaged in temporary employment for optional
practical training related to such the student's area of
study following completion of the course of study described
in subclause (I) for a period or periods of not more than 24
months;''.
(2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is
amended by inserting ``(F)(i),'' before ``(L) or (V)''.
(3) Conforming amendment.--Section 214(m)(1) (8 U.S.C.
1184(m)(1)) is amended, in the matter preceding subparagraph
(A), by striking ``(i) or (iii)'' and inserting ``(i), (ii),
or (iv)''.
(b) Off Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F), as amended by subsection
(a), (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-
campus position unrelated to the alien's field of study if--
(A) the alien has enrolled full time at the educational
institution and is maintaining good academic standing;
(B) the employer provides the educational institution and
the Secretary of Labor with an attestation that the
employer--
(i) has spent at least 21 days recruiting United States
citizens to fill the position; and
(ii) will pay the alien and other similarly situated
workers at a rate equal to not less than the greater of--

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

(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between
academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice
and opportunity for a hearing, shall be disqualified from
employing an alien student under paragraph (1).

SEC. 526. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by
adding at the end the following new subparagraph:
``(G) The limitations contained in subparagraph (D) with
respect to the duration of authorized stay shall not apply to
any nonimmigrant alien previously issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(L) on
whose behalf a petition under section 204(b) to accord the
alien immigrant status under section 203(b), or an
application for labor certification (if such certification is
required for the alien to obtain status under such section
203(b)) has been filed, if 365 days or more have elapsed
since such filing. The Secretary of Homeland Security shall
extend the stay of an alien who qualifies for an exemption
under this subparagraph until such time as a final decision
is made on the alien's lawful permanent residence.''.

SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

(a) Adjustment of Status.--
(1) In general.--Section 245(a) (8 U.S.C. 1255(a)) is
amended to read as follows:
``(a) Eligibility.--
``(1) In general.--The status of an alien who was inspected
and admitted or paroled into the United States or the status
of any other alien having an approved petition for
classification under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 204(a)(1) may be adjusted by the
Secretary of Homeland Security or the Attorney General, in
the discretion of the Secretary or the Attorney General under
such regulations as the Secretary or Attorney General may
prescribe, to that of an alien lawfully admitted for
permanent residence if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa
and is admissible to the United States for permanent
residence; and
``(C) an immigrant visa is immediately available to the
alien at the time the application is filed.
``(2) Supplemental fee.--An application under paragraph (1)
that is based on a petition approved or approvable under
subparagraph (E) or (F) of section 204(a)(1) may be filed
without regard to the limitation set forth in paragraph
(1)(C) if a supplemental fee of $500 is paid by the principal
alien at the time the application is filed. A supplemental
fee may not be required for any dependent alien accompanying
or following to join the principal alien.
``(3) Visa availability.--An application for adjustment
filed under this paragraph may not be approved until such
time as an immigrant visa become available.''.
(b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1))
is amended by inserting before the period at the end ``and
the fees collected under section 245(a)(2).''.

SEC. 528. STREAMLINING THE ADJUDICATION PROCESS FOR
ESTABLISHED EMPLOYERS.

Section 214(c) (8. U.S.C. 1184) is amended by adding at the
end the following new paragraph:
``(1) Not later than 180 days after the date of the
enactment of the Securing Knowledge, Innovation, and
Leadership Act of 2006, the Secretary of Homeland Security
shall establish a pre-certification procedure for employers
who file multiple petitions described in this subsection or
section 203(b). Such precertification procedure shall enable
an employer to avoid repeatedly submitting documentation that
is common to multiple petitions and establish through a
single filing criteria relating to the employer and the
offered employment opportunity.''.

SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED
VISA PETITIONS.

(a) In General.--Pursuant to section 286(u) of the
Immigration and Nationality Act (8 U.S.C. 1356(u)), the
Secretary of Homeland Security shall establish and collect a
fee for premium processing of employment-based immigrant
petitions.
(b) Appeals.--Pursuant to such section 286(u), the
Secretary of Homeland Security shall establish and collect a
fee for premium processing of an administrative appeal of any
decision on a permanent employment-based immigrant petition.

SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR
CERTIFICATION PROCESS.

(a) Prevailing Wage Rate.--
(1) Requirement to provide.--The Secretary of Labor shall
provide prevailing wage determinations to employers seeking a
labor certification for aliens pursuant to part 656 of title
20, Code of Federal Regulation (or any successor regulation).
The Secretary of Labor may not delegate this function to any
agency of a State.
(2) Schedule for determination.--Except as provided in
paragraph (3), the Secretary of Labor shall provide a
response to an employer's request for a prevailing wage
determination in no more than 20 calendar days from the date
of receipt of such request. If the Secretary of Labor fails
to reply during such 20-day period, then the wage proposed by
the employer shall be the valid prevailing wage rate.
(3) Use of surveys.--The Secretary of Labor shall accept an
alternative wage survey provided by the employer unless the
Secretary of Labor determines that the wage component of the
Occupational Employment Statistics Survey is more accurate
for the occupation in the labor market area.
(b) Placement of Job Order.--The Secretary of Labor shall
maintain a website with links to the official website of each
workforce agency of a State, and such official website shall
contain instructions on the filing of a job order in order to
satisfy the job order requirements of section 656.17(e)(1) of
title 20, Code of Federal Regulation (or any successor
regulation).
(c) Technical Corrections.--The Secretary of Labor shall
establish a process by which employers seeking certification
under section 212(a)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(5)), as amended

[[Page S5265]]

by section 524(b), may make technical corrections to
applications in order to avoid requiring employers to conduct
additional recruitment to correct an initial technical error.
A technical error shall include any error that would not have
a material effect on the validity of the employer's
recruitment of able, willing, and qualified United States
workers.
(d) Administrative Appeals.--Motions to reconsider, and
administrative appeals of, a denial of a permanent labor
certification application, shall be decided by the Secretary
of Labor not later than 60 days after the date of the filing
of such motion or such appeal.
(e) Applications Under Previous System.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Labor shall process and issue decisions on all
applications for permanent alien labor certification that
were filed prior to March 28, 2005.
(f) Effective Date.--The provisions of this section shall
take effect 90 days after the date of enactment of this Act,
whether or not the Secretary of Labor has amended the
regulations at part 656 of title 20, Code of Federal
Regulation to implement such changes.

SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

Section 103 (8 U.S.C. 1103) is amended by adding at the end
the following new subsection:
``(i) Requirement for Background Checks.--Notwithstanding
any other provision of law, until appropriate background and
security checks, as determined by the Secretary of Homeland
Security, have been completed, and the information provided
to and assessed by the official with jurisdiction to grant or
issue the benefit or documentation, on an in camera basis as
may be necessary with respect to classified, law enforcement,
or other information that cannot be disclosed publicly, the
Secretary of Homeland Security, the Attorney General, or any
court may not--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the
immigration laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any court.
``(j) Requirement to Resolve Fraud Allegations.--
Notwithstanding any other provision of law, until any
suspected or alleged fraud relating to the granting of any
status (including the granting of adjustment of status),
relief, protection from removal, or other benefit under this
Act has been investigated and resolved, the Secretary of
Homeland Security and the Attorney General may not be
required to--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the
immigration laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any court.
``(k) Prohibition of Judicial Enforcement.--Notwithstanding
any other provision of law, no court may require any act
described in subsection (i) or (j) to be completed by a
certain time or award any relief for the failure to complete
such acts.''.

SEC. 532. VISA REVALIDATION.

(a) In General.--Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
``(i) The Secretary of State shall permit an alien granted
a nonimmigrant visa under subparagraph E, H, I, L, O, or P of
section 101(a)(15) to apply for a renewal of such visa within
the United States if--
``(1) such visa expired during the 12-month period ending
on the date of such application;
``(2) the alien is seeking a nonimmigrant visa under the
same subparagraph under which the alien had previously
received a visa; and
``(3) the alien has complied with the immigration laws and
regulations of the United States.''.
(b) Conforming Amendment.--Section 222(h) of such Act is
amended, in the matter preceding subparagraph (1), by
inserting ``and except as provided under subsection (i),''
after ``Act''.

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina
Victims

SEC. 541. SHORT TITLE.

This subtitle may be cited as the ``Hurricane Katrina
Victims Immigration Benefits Preservation Act''.

SEC. 542. DEFINITIONS.

In this subtitle:
(1) Application of definitions from the immigration and
nationality act.--Except as otherwise specifically provided
in this subtitle, the definitions in the Immigration and
Nationality Act shall apply in the administration of this
subtitle.
(2) Direct result of a specified hurricane disaster.--The
term ``direct result of a specified hurricane disaster''--
(A) means physical damage, disruption of communications or
transportation, forced or voluntary evacuation, business
closures, or other circumstances directly caused by Hurricane
Katrina (on or after August 26, 2005) or Hurricane Rita (on
or after September 21, 2005); and
(B) does not include collateral or consequential economic
effects in or on the United States or global economies.

SEC. 543. SPECIAL IMMIGRANT STATUS.

(a) Provision of Status.--
(1) In general.--For purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may
provide an alien described in subsection (b) with the status
of a special immigrant under section 101(a)(27) of such Act
(8 U.S.C. 1101(a)(27)), if the alien--
(A) files with the Secretary a petition under section 204
of such Act (8 U.S.C. 1154) for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B) is otherwise eligible to receive an immigrant visa; and
(C) is otherwise admissible to the United States for
permanent residence.
(2) Inapplicable provision.--In determining admissibility
under paragraph (1)(C), the grounds for inadmissibility
specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if--
(A) the alien was the beneficiary of--
(i) a petition that was filed with the Secretary on or
before August 26, 2005--

(I) under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) to classify the alien as a family-
sponsored immigrant under section 203(a) of such Act (8
U.S.C. 1153(a)) or as an employment-based immigrant under
section 203(b) of such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) of such Act (8 U.S.C. 1184(d)) to
authorize the issuance of a nonimmigrant visa to the alien
under section 101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)); or

(ii) an application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary of Labor on or
before such date; and
(B) such petition or application was revoked or terminated
(or otherwise rendered null), before or after its approval,
solely due to--
(i) the death or disability of the petitioner, applicant,
or alien beneficiary as a direct result of a specified
hurricane disaster; or
(ii) loss of employment as a direct result of a specified
hurricane disaster.
(2) Spouses and children.--
(A) In general.--An alien is described in this subsection
if--
(i) the alien, as of August 26, 2005, was the spouse or
child of a principal alien described in paragraph (1); and
(ii) the alien--

(I) is accompanying such principal alien; or
(II) is following to join such principal alien not later
than August 26, 2007.

(B) Construction.--In construing the terms ``accompanying''
and ``following to join'' in subparagraph (A)(ii), the death
of a principal alien described in paragraph (1)(B)(i) shall
be disregarded.
(3) Grandparents or legal guardians of orphans.--An alien
is described in this subsection if the alien is a grandparent
or legal guardian of a child whose parents died as a direct
result of a specified hurricane disaster, if either of the
deceased parents was, as of August 26, 2005, a citizen or
national of the United States or an alien lawfully admitted
for permanent residence in the United States.
(c) Priority Date.--Immigrant visas made available under
this section shall be issued to aliens in the order in which
a petition on behalf of each such alien is filed with the
Secretary under subsection (a)(1), except that if an alien
was assigned a priority date with respect to a petition
described in subsection (b)(1)(A)(i), the alien may maintain
that priority date.
(d) Numerical Limitations.--In applying sections 201
through 203 of the Immigration and Nationality Act (8 U.S.C.
1151-1153) in any fiscal year, aliens eligible to be provided
status under this section shall be treated as special
immigrants who are not described in subparagraph (A), (B),
(C), or (K) of section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)).

SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.

(a) Automatic Extension of Nonimmigrant Status.--
(1) In general.--Notwithstanding section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), an alien
described in paragraph (2) who was lawfully present in the
United States as a nonimmigrant on August 26, 2005, may,
unless otherwise determined by the Secretary in the
Secretary's discretion, lawfully remain in the United States
in the same nonimmigrant status until the later of--
(A) the date on which such lawful nonimmigrant status would
have otherwise terminated absent the enactment of this
subsection; or
(B) 1 year after the death or onset of disability described
in paragraph (2).
(2) Aliens described.--
(A) Principal aliens.--An alien is described in this
paragraph if the alien was disabled as a direct result of a
specified hurricane disaster.
(B) Spouses and children.--An alien is described in this
paragraph if the alien, as of August 26, 2005, was the spouse
or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a direct result of a specified
hurricane disaster.
(3) Authorized employment.--During the period in which a
principal alien or alien spouse is in lawful nonimmigrant
status

[[Page S5266]]

under paragraph (1), the alien may be provided an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment.
(b) New Deadlines for Extension or Change of Nonimmigrant
Status.--
(1) Filing delays.--
(A) In general.--If an alien, who was lawfully present in
the United States as a nonimmigrant on August 26, 2005, was
prevented from filing a timely application for an extension
or change of nonimmigrant status as a direct result of a
specified hurricane disaster, the alien's application may be
considered timely filed if it is filed not later 1 year after
the application would have otherwise been due.
(B) Circumstances preventing timely action.--For purposes
of subparagraph (A), circumstances preventing an alien from
timely acting are--
(i) office closures;
(ii) mail or courier service cessations or delays;
(iii) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements;
(iv) mandatory evacuation and relocation; or
(v) other circumstances, including medical problems or
financial hardship.
(2) Departure delays.--
(A) In general.--If an alien, who was lawfully present in
the United States as a nonimmigrant on August 26, 2005, is
unable to timely depart the United States as a direct result
of a specified hurricane disaster, the alien shall not be
considered to have been unlawfully present in the United
States during the period beginning on August 26, 2005, and
ending on the date of the alien's departure, if such
departure occurred on or before February 28, 2006.
(B) Circumstances preventing timely action.--For purposes
of subparagraph (A), circumstances preventing an alien from
timely acting are--
(i) office closures;
(ii) transportation cessations or delays;
(iii) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements;
(iv) mandatory evacuation and relocation; or
(v) other circumstances, including medical problems or
financial hardship.
(c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8
U.S.C. 1154(a)(1)(I)(ii)(II)), is amended to read as follows:
``(II) An immigrant visa made available under subsection
203(c) for fiscal year 1998, or for a subsequent fiscal year,
may be issued, or adjustment of status under section 245(a)
based upon the availability of such visa may be granted, to
an eligible qualified alien who has properly applied for such
visa or adjustment in the fiscal year for which the alien was
selected notwithstanding the end of such fiscal year. Such
visa or adjustment of status shall be counted against the
worldwide level set forth in subsection 201(e) for the fiscal
year for which the alien was selected.''.
(d) Extension of Filing Period.--If an alien is unable to
timely file an application to register or reregister for
Temporary Protected Status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) as a direct
result of a specified hurricane disaster, the alien's
application may be considered timely filed if it is filed not
later than 90 days after it otherwise would have been due.
(e) Voluntary Departure.--
(1) In general.--Notwithstanding section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c), if a period
for voluntary departure under such section expired during the
period beginning on August 26, 2005, and ending on December
31, 2005, and the alien was unable to voluntarily depart
before the expiration date as a direct result of a specified
hurricane disaster, such voluntary departure period is deemed
extended for an additional 60 days.
(2) Circumstances preventing departure.--For purposes of
this subsection, circumstances preventing an alien from
voluntarily departing the United States are--
(A) office closures;
(B) transportation cessations or delays;
(C) other closures, cessations, or delays affecting case
processing or travel necessary to satisfy legal requirements;
(D) mandatory evacuation and removal; and
(E) other circumstances, including medical problems or
financial hardship.
(f) Current Nonimmigrant Visa Holders.--
(1) In general.--An alien, who was lawfully present in the
United States on August 26, 2005, as a nonimmigrant under
section 101(a)(15)(H) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)) and lost employment as a direct
result of a specified hurricane disaster may accept new
employment upon the filing by a prospective employer of a new
petition on behalf of such nonimmigrant not later than August
26, 2006.
(2) Continuation of employment authorization.--Employment
authorization shall continue for such alien until the new
petition is adjudicated. If the new petition is denied, such
employment shall cease.
(3) Savings provision.--Nothing in this subsection shall be
construed to limit eligibility for portability under section
214(n) of the Immigration and Nationality Act (8 U.S.C.
1184(n)).

SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES
AND CHILDREN.

(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who
was the spouse of a citizen of the United States at the time
of the citizen's death and was not legally separated from the
citizen at the time of the citizen's death, if the citizen
died as a direct result of a specified hurricane disaster,
the alien (and each child of the alien) may be considered,
for purposes of section 201(b) of such Act, to remain an
immediate relative after the date of the citizen's death if
the alien files a petition under section 204(a)(1)(A)(ii) of
such Act not later than 2 years after such date and only
until the date on which the alien remarries. For purposes of
such section 204(a)(1)(A)(ii), an alien granted relief under
this paragraph shall be considered an alien spouse described
in the second sentence of section 201(b)(2)(A)(i) of such
Act.
(2) Children.--
(A) In general.--In the case of an alien who was the child
of a citizen of the United States at the time of the
citizen's death, if the citizen died as a direct result of a
specified hurricane disaster, the alien may be considered,
for purposes of section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)), to remain an immediate
relative after the date of the citizen's death (regardless of
subsequent changes in age or marital status), but only if the
alien files a petition under subparagraph (B) not later than
2 years after such date.
(B) Petitions.--An alien described in subparagraph (A) may
file a petition with the Secretary for classification of the
alien under section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), which shall be
considered a petition filed under section 204(a)(1)(A) of
such Act (8 U.S.C. 1154(a)(1)(A)).
(b) Spouses, Children, Unmarried Sons and Daughters of
Lawful Permanent Resident Aliens.--
(1) In general.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is
included in a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that
was filed by such alien before August 26, 2005, may be
considered (if the spouse, child, son, or daughter has not
been admitted or approved for lawful permanent residence by
such date) a valid petitioner for preference status under
such section with the same priority date as that assigned
before the death described in paragraph (3)(A). No new
petition shall be required to be filed. Such spouse, child,
son, or daughter may be eligible for deferred action and work
authorization.
(2) Self-petitions.--Any spouse, child, or unmarried son or
daughter of an alien described in paragraph (3) who is not a
beneficiary of a petition for classification as a family-
sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act may file a petition for such
classification with the Secretary, if the spouse, child, son,
or daughter was present in the United States on August 26,
2005. Such spouse, child, son, or daughter may be eligible
for deferred action and work authorization.
(3) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified hurricane
disaster; and
(B) on the day of such death, was lawfully admitted for
permanent residence in the United States.
(c) Applications for Adjustment of Status by Surviving
Spouses and Children of Employment-Based Immigrants.--
(1) In general.--Any alien who was, on August 26, 2005, the
spouse or child of an alien described in paragraph (2), and
who applied for adjustment of status before the death
described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified hurricane
disaster; and
(B) on the day before such death, was--
(i) an alien lawfully admitted for permanent residence in
the United States by reason of having been allotted a visa
under section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that of an
alien described in clause (i), and admissible to the United
States for permanent residence.
(d) Applications by Surviving Spouses and Children of
Refugees and Asylees.--
(1) In general.--Any alien who, on August 26, 2005, was the
spouse or child of an alien described in paragraph (2), may
have his or her eligibility to be admitted under sections
207(c)(2)(A) or 208(b)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A))
considered as if the alien's death had not occurred.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) died as a direct result of a specified hurricane
disaster; and
(B) on the day before such death, was--
(i) an alien admitted as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157); or
(ii) granted asylum under section 208 of such Act (8 U.S.C.
1158).
(e) Waiver of Public Charge Grounds.--In determining the
admissibility of any alien

[[Page S5267]]

accorded an immigration benefit under this section, the
grounds for inadmissibility specified in section 212(a)(4) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
shall not apply.

SEC. 546. RECIPIENT OF PUBLIC BENEFITS.

An alien shall not be inadmissible under section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
or deportable under section 237(a)(5) of such Act (8 U.S.C.
1227(a)(5)) on the basis that the alien received any public
benefit as a direct result of a specified hurricane disaster.

SEC. 547. AGE-OUT PROTECTION.

In administering the immigration laws, the Secretary and
the Attorney General may grant any application or benefit
notwithstanding the applicant or beneficiary (including a
derivative beneficiary of the applicant or beneficiary)
reaching an age that would render the alien ineligible for
the benefit sought, if the alien's failure to meet the age
requirement occurred as a direct result of a specified
hurricane disaster.

SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION.

(a) In General.--The Secretary may suspend or modify any
requirement under section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)) or subtitle A of title IV
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), either
generally or with respect to particular persons, class of
persons, geographic areas, or economic sectors, to the extent
to which the Secretary determines necessary or appropriate to
respond to national emergencies or disasters .
(b) Notification.--If the Secretary suspends or modifies
any requirement under section 274A(b) of the Immigration and
Nationality Act pursuant to subsection (a), the Secretary
shall send notice of such decision, including the reasons for
the suspension or modification, to--
(1) the Committee on the Judiciary of the Senate; and
(2) the Committee of the Judiciary of the House of
Representatives.
(c) Sunset Date.--The authority under subsection (a) shall
expire on August 26, 2008.

SEC. 549. NATURALIZATION.

The Secretary may, with respect to applicants for
naturalization in any district of the United States
Citizenship and Immigration Services affected by a specified
hurricane disaster, administer the provisions of Title III of
the Immigration and Nationality Act (8 U.S.C. 1401 et seq.)
notwithstanding any provision of such title relating to the
jurisdiction of an eligible court to administer the oath of
allegiance, or requiring residence to be maintained or any
action to be taken in any specific district or State within
the United States.

SEC. 550. DISCRETIONARY AUTHORITY.

The Secretary or the Attorney General may waive violations
of the immigration laws committed, on or before March 1,
2006, by an alien--
(1) who was in lawful status on August 26, 2005; and
(2) whose failure to comply with the immigration laws was a
direct result of a specified hurricane disaster.

SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS.

The Secretary shall establish appropriate evidentiary
standards for demonstrating, for purposes of this subtitle,
that a specified hurricane disaster directly resulted in--
(1) death;
(2) disability; or
(3) loss of employment due to physical damage to, or
destruction of, a business.

SEC. 552. IDENTIFICATION DOCUMENTS.

(a) Temporary Identification.--The Secretary shall have the
authority to instruct any Federal agency to issue temporary
identification documents to individuals affected by a
specified hurricane disaster. Such documents shall be
acceptable for purposes of identification under any federal
law or regulation until August 26, 2006.
(b) Issuance.--An agency may not issue identity documents
under this section after January 1, 2006.
(c) No Compulsion to Accept or Carry Identification
Documents.--Nationals of the United States shall not be
compelled to accept or carry documents issued under this
section.
(d) No Proof of Citizenship.--Identity documents issued
under this section shall not constitute proof of citizenship
or immigration status.

SEC. 553. WAIVER OF REGULATIONS.

The Secretary shall carry out the provisions of this
subtitle as expeditiously as possible. The Secretary is not
required to promulgate regulations before implementing this
subtitle. The requirements of chapter 5 of title 5, United
States Code (commonly referred to as the ``Administrative
Procedure Act'') or any other law relating to rule making,
information collection, or publication in the Federal
Register, shall not apply to any action to implement this
subtitle to the extent the Secretary of Homeland Security,
the Secretary of Labor, or the Secretary of State determine
that compliance with such requirement would impede the
expeditious implementation of such Act.

SEC. 554. NOTICES OF CHANGE OF ADDRESS.

(a) In General.--If a notice of change of address otherwise
required to be submitted to the Secretary by an alien
described in subsection (b) relates to a change of address
occurring during the period beginning on August 26, 2005, and
ending on the date of the enactment of this Act, the alien
may submit such notice.
(b) Aliens Described.--An alien is described in this
subsection if the alien--
(1) resided, on August 26, 2005, within a district of the
United States that was declared by the President to be
affected by a specified hurricane disaster; and
(2) is required, under section 265 of the Immigration and
Nationality Act (8 U.S.C. 1305) or any other provision of
law, to notify the Secretary in writing of a change of
address.

SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

(a) In General.--The nonimmigrant status of an alien
described in subsection (b) shall be deemed to have been
maintained during the period beginning on August 26, 2005,
and ending on September 15, 2006, if, on September 15, 2006,
the alien is enrolled in a course of study, or participating
in a designated exchange visitor program, sufficient to
satisfy the terms and conditions of the alien's nonimmigrant
status on August 26, 2005.
(b) Aliens Described.--An alien is described in this
subsection if the alien--
(1) was, on August 26, 2005, lawfully present in the United
States in the status of a nonimmigrant described in
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
(2) fails to satisfy a term or condition of such status as
a direct result of a specified hurricane disaster.
On page 348, between lines 21 and 22, insert the following:

``(V) The employment requirement under clause (i)(I) shall
not apply to any individual who is 65 years of age or older
on the date of the enactment of the Immigrant Accountability
Act of 2006.

On page 351, strike lines 7 through 22 and insert the
following:
``(E) Payment of income taxes.--
``(i) In general.--Not later than the date on which status
is adjusted under this section, the alien establishes the
payment of any applicable Federal tax liability by
establishing that--

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

``(ii) Applicable federal tax liability.--For purposes of
clause (i), the term `applicable Federal tax liability' means
liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required by subparagraph (D)(i) for which the statutory
period for assessment of any deficiency for such taxes has
not expired.
``(iii) IRS cooperation.--The Secretary of the Treasury
shall establish rules and procedures under which the
Commissioner of Internal Revenue shall provide documentation
to an alien upon request to establish the payment of all
taxes required by this subparagraph.
On page 354, strike lines 3 through 11, and insert the
following:
``(I) Adjustment of status.--The Secretary may not adjust
the status of an alien under this section to that of lawful
permanent resident until the Secretary determines that the
priority dates have become current for the class of aliens
whose family-based or employment-based petitions for
permanent residence were pending on the date of the enactment
of the Comprehensive Immigration Reform Act of 2006.
Beginning on page 361, strike line 15 and all that follows
through page 362, line 3.
On page 372, line 18, strike ``An'' and insert
``Notwithstanding section 244(h), an''.
On page 375, between lines 16 and 17, insert the following:
``(C) Exemption.--The employment requirement under
subparagraph (A) shall not apply to any individual who is 65
years of age or older on the date of the enactment of the
Immigrant Accountability Act of 2006.
On page 378, strike lines 11 through 13 and insert the
following: ``any right to judicial review or to contest''.
On page 380, line 5, insert ``The provisions under
subsections (e) and (f) of section 245B shall apply to
applications filed under this section.'' after ``status.''.
On page 385, strike lines 1 and 2 and insert the following:
``(C) is eligible to be employed by an employer in the
United States regardless of whether the employer has complied
with the requirements of section 218B(b)(7).
On page 389, line 8, insert ``to'' after ``Subject''.
On page 392, line 1, strike ``to contest'' and insert
``under subsection (b)(7)(C)''
On page 397, strike lines 21 through 25 and insert the
following:
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
On page 398, strike lines 10 through 13, and insert the
following:
(A) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2005;
On page 411, strike lines 6 through 25 and insert the
following:
(D) Payment of taxes.--
(i) In general.--Not later than the date on which an
alien's status is adjusted under this subsection, the alien
shall establish the payment of any applicable Federal tax
liability by establishing that--

[[Page S5268]]

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

(ii) Applicable federal tax liability.--For purposes of
clause (i), the term ``applicable Federal tax liability''
means liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required under paragraph (1)(A) for which the statutory
period for assessment of any deficiency for such taxes has
not expired.
(iii) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subparagraph.
On page 520, line 17, strike ``Grant''.

On page 520, between lines 18 and 19, insert the following:

SEC. 641. INELIGIBILITY AND REMOVAL PRIOR TO APPLICATION
PERIOD.

(a) Limitations on Ineligibility.--
(1) In general.--An alien is not ineligible for any
immigration benefit under any provision of this title, or any
amendment made by this title, solely on the basis that the
alien violated section 1543, 1544, or 1546 of chapter 75 of
title 18, United States Code, during the period beginning on
the date of the enactment of this Act and ending on the date
that the Department of Homeland Security begins accepting
applications for benefits under Tiel VI.
(2) Prosecution.--An alien who commits a violation of such
section 1543, 1544, or 1546 during the period beginning on
the date the enactment of this Act and ending on the date
that the alien applies for eligibility for such benefit may
be prosecuted for the violation if the alien's application
for such benefit is denied.
(b) Limitation on Removal.--If an alien who is apprehended
prior to the beginning of the applicable application period
described in a provision of this title, or an amendment made
by this title, is able to establish prima facie eligibility
for an adjustment of status under such a provision, the alien
may not be removed from the United States for any reason
until the date that is 180 days after the first day of such
applicable application period unless the alien has engaged in
criminal conduct or is a threat to the national security of
the United States.

Beginning on page 523, strike line 9 and all that follows
through page 524, line 23.

On page 537, between lines 2 and 3, insert the following:

SEC. 646. ADDRESSING POVERTY IN MEXICO.

(a) Findings.--Congress finds the following:
(1) There is a strong correlation between economic freedom
and economic prosperity.
(2) Trade policy, fiscal burden of government, government
intervention in the economy, monetary policy, capital flows
and foreign investment, banking and finance, wages and
prices, property rights, regulation, and informal market
activity are key factors in economic freedom.
(3) Poverty in Mexico, including rural poverty, can be
mitigated through strengthened economic freedom within
Mexico.
(4) Strengthened economic freedom in Mexico can be a major
influence in mitigating illegal immigration.
(5) Advancing economic freedom within Mexico is an
important part of any comprehensive plan to understanding the
sources of poverty and the path to economic prosperity.
(b) Grant Authorized.--The Secretary of State may award a
grant to a land grant university in the United States to
establish a national program for a broad, university-based
Mexican rural poverty mitigation program.
(c) Functions of Mexican Rural Poverty Mitigation
Program.--The program established pursuant to subsection (b)
shall--
(1) match a land grant university in the United States with
the lead Mexican public university in each of Mexico's 31
states to provide state-level coordination of rural poverty
programs in Mexico;
(2) establish relationships and coordinate programmatic
ties between universities in the United States and
universities in Mexico to address the issue of rural poverty
in Mexico;
(3) establish and coordinate relationships with key leaders
in the United States and Mexico to explore the effect of
rural poverty on illegal immigration of Mexicans into the
United States; and
(4) address immigration and border security concerns
through a university-based, binational approach for long-term
institutional change.
(d) Use of Funds.--
(1) Authorized uses.--Grant funds awarded under this
section may be used--
(A) for education, training, technical assistance, and any
related expenses (including personnel and equipment) incurred
by the grantee in implementing a program described in
subsection (a); and
(B) to establish an administrative structure for such
program in the United States.
(2) Limitations.--Grant funds awarded under this section
may not be used for activities, responsibilities, or related
costs incurred by entities in Mexico.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such funds as may be necessary to carry
out this section.

On page 540, beginning on line 17, strike ``to 6-year,
staggered, terms''.

On page 544, line 20, strike ``(3) and (4)'' and insert
``(2) and (3)''.

On page 548, beginning on line 3, strike ``to a 7-year
term''.

On page 552, between lines 2 and 3, insert the following:

SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF
MAGISTRATES.

Section 631(a) of title 28, United States Code, is amended
by striking ``Northern Mariana Islands'' the first place it
appears and inserting ``Northern Mariana Islands, including
any judge in regular active service and any judge who has
retired from regular active service under section 371(b) of
this title,''.

Beginning on page 552, strike line 3 and all that follows
through page 556, line 25, and insert the following:

Subtitle B--Citizenship Assistance for Members of the Armed Services

SEC. 711. SHORT TITLE.

This subtitle may be cited as the ``Kendell Frederick
Citizenship Assistance Act''.

SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS
OF THE ARMED FORCES.

Notwithstanding any other provision of law or any
regulation, the Secretary shall use the fingerprints provided
by an individual at the time the individual enlists in the
Armed Forces to satisfy any requirement for fingerprints as
part of an application for naturalization if the individual--
(1) may be naturalized pursuant to section 328 or 329 of
the Immigration and Nationality Act (8 U.S.C. 1439 or 1440);
(2) was fingerprinted in accordance with the requirements
of the Department of Defense at the time the individual
enlisted in the Armed Forces; and
(3) submits an application for naturalization not later
than 12 months after the date the individual enlisted in the
Armed Forces.

SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO
MEMBERS OF THE ARMED FORCES.

The Secretary shall--
(1) establish a dedicated toll-free telephone service
available only to members of the Armed Forces and the
families of such members to provide information related to
naturalization pursuant to section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439 or 1440),
including the status of an application for such
naturalization;
(2) ensure that the telephone service required by paragraph
(1) is operated by employees of the Department who--
(A) have received specialized training on the
naturalization process for members of the Armed Forces and
the families of such members; and
(B) are physically located in the same unit as the military
processing unit that adjudicates applications for
naturalization pursuant to such section 328 or 329; and
(3) implement a quality control program to monitor, on a
regular basis, the accuracy and quality of information
provided by the employees who operate the telephone service
required by paragraph (1), including the breadth of the
knowledge related to the naturalization process of such
employees.

SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE
PUBLIC.

Not later than 30 days after the date that a modification
to any law or regulation related to the naturalization
process becomes effective, the Secretary shall update the
appropriate application form for naturalization, the
instructions and guidebook for obtaining naturalization, and
the Internet website maintained by the Secretary to reflect
such modification.

SEC. 715. REPORTS.

(a) Adjudication Process.--Not later than 120 days after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on the entire process for
the adjudication of an application for naturalization filed
pursuant to section 328 or 329 of the Immigration and
Nationality Act (8 U.S.C. 1439 or 1440), including the
process that begins at the time the application is mailed to,
or received by, the Secretary, regardless of whether the
Secretary determines that such application is complete,
through the final disposition of such application. Such
report shall include a description of--
(1) the methods of the Secretary to prepare, handle, and
adjudicate such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Government or
of other entities, including contract employees, who have any
role in the such process or adjudication; and
(3) the ability of the Secretary to use technology to
facilitate or accomplish any aspect of such process or
adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this subtitle
by the Secretary, including studying any technology that may
be used to improve the efficiency of the naturalization
process for members of the Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1).

[[Page S5269]]

The report shall include any recommendations of the
Comptroller General for improving the implementation of this
subtitle by the Secretary.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.

On page 560, line 1, strike ``4'' and insert ``724''.

Beginning on page 583, strike line 18 and all that follows
through page 584, line 2.

On page 605, strike line 7 and all that follows through
page 607, line 18, and insert the following:

SEC. 761. BORDER SECURITY ON CERTAIN FEDERAL LAND.

(a) Definitions.--In this section:
(1) Protected land.--The term ``protected land'' means land
under the jurisdiction of the Secretary concerned.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Support for Border Security Needs.--
(1) In general.--To gain operational control over the
international land borders of the United States and to
prevent the entry of terrorists, unlawful aliens, narcotics,
and other contraband into the United States, the Secretary,
in cooperation with the Secretary concerned, shall provide--
(A) increased Customs and Border Protection personnel to
secure protected land along the international land borders of
the United States;
(B) Federal land resource training for Customs and Border
Protection agents dedicated to protected land; and
(C) Unmanned Aerial Vehicles, aerial assets, Remote Video
Surveillance camera systems, and sensors on protected land
that is directly adjacent to the international land border of
the United States, with priority given to units of the
National Park System.
(2) Coordination.--In providing training for Customs and
Border Protection agents under paragraph (1)(B), the
Secretary shall coordinate with the Secretary concerned to
ensure that the training is appropriate to the mission of the
National Park Service, the United States Fish and Wildlife
Service, the Forest Service, or the relevant agency of the
Department of the Interior or the Department of Agriculture
to minimize the adverse impact on natural and cultural
resources from border protection activities.
(c) Inventory of Costs and Activities.--The Secretary
concerned shall develop and submit to the Secretary an
inventory of costs incurred by the Secretary concerned
relating to illegal border activity, including the cost of
equipment, training, recurring maintenance, construction of
facilities, restoration of natural and cultural resources,
recapitalization of facilities, and operations.
(d) Recommendations.--The Secretary shall--
(1) develop joint recommendations with the National Park
Service, the United States Fish and Wildlife Service, and the
Forest Service for an appropriate cost recovery mechanism
relating to items identified in subsection (c); and
(2) not later than March 31, 2007, submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)),
including the Subcommittee on National Parks of the Senate
and the Subcommittee on National Parks, Recreation and Public
Lands of the House of Representatives, the recommendations
developed under paragraph (1).
(e) Border Protection Strategy.--The Secretary, the
Secretary of the Interior, and the Secretary of Agriculture
shall jointly develop a border protection strategy that
supports the border security needs of the United States in
the manner that best protects--
(1) units of the National Park System;
(2) National Forest System land;
(3) land under the jurisdiction of the United States Fish
and Wildlife Service; and
(4) other relevant land under the jurisdiction of the
Department of the Interior or the Department of Agriculture.

On page 614, after line 5, insert the following:

SEC. 767. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

(a) Internal Corruption; Benefits Fraud.--Section 453 of
the Homeland Security Act of 2002 (6 U.S.C. 273) is amended--
(1) by striking ``the Bureau of'' each place it appears and
inserting ``United States'';
(2) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) establishing the Office of Internal Corruption
Investigation, which shall--
``(A) receive, process, administer, and investigate
criminal and noncriminal allegations of misconduct,
corruption, and fraud involving any employee or contract
worker of United States Citizenship and Immigration Services
that are not subject to investigation by the Inspector
General for the Department;
``(B) ensure that all complaints alleging any violation
described in subparagraph (A) are handled and stored in a
manner appropriate to their sensitivity;
``(C) have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material
available to United States Citizenship and Immigration
Services, which relate to programs and operations for which
the Director is responsible under this Act;
``(D) request such information or assistance from any
Federal, State, or local government agency as may be
necessary for carrying out the duties and responsibilities
under this section;
``(E) require the production of all information, documents,
reports, answers, records, accounts, papers, and other data
and documentary evidence necessary to carry out the functions
under this section--
``(i) by subpoena, which shall be enforceable, in the case
of contumacy or refusal to obey, by order of any appropriate
United States district court; or
``(ii) through procedures other than subpoenas if obtaining
documents or information from Federal agencies;
``(F) administer to, or take from, any person an oath,
affirmation, or affidavit, as necessary to carry out the
functions under this section, which oath, affirmation, or
affidavit, if administered or taken by or before an agent of
the Office of Internal Corruption Investigation shall have
the same force and effect as if administered or taken by or
before an officer having a seal;
``(G) investigate criminal allegations and noncriminal
misconduct;
``(H) acquire adequate office space, equipment, and
supplies as necessary to carry out the functions and
responsibilities under this section; and
``(I) be under the direct supervision of the Director.'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) establishing the Office of Immigration Benefits Fraud
Investigation, which shall--
``(A) conduct administrative investigations, including site
visits, to address immigration benefit fraud;
``(B) assist United States Citizenship and Immigration
Services provide the right benefit to the right person at the
right time;
``(C) track, measure, assess, conduct pattern analysis, and
report fraud-related data to the Director; and
``(D) work with counterparts in other Federal agencies on
matters of mutual interest or information-sharing relating to
immigration benefit fraud.''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Director, in consultation with
the Office of Internal Corruption Investigations, shall
submit an annual report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives that describes--
``(1) the activities of the Office, including the number of
investigations began, completed, pending, turned over to the
Inspector General for criminal investigations, and turned
over to a United States Attorney for prosecution; and
``(2) the types of allegations investigated by the Office
during the 12-month period immediately preceding the
submission of the report that relate to the misconduct,
corruption, and fraud described in subsection (a)(1).''.
(b) Use of Immigration Fees to Combat Fraud.--Section
286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) is amended by adding at
the end the following: ``Not less than 20 percent of the
funds made available under this subparagraph shall be used
for activities and functions described in paragraphs (1) and
(4) of section 453(a) of the Homeland Security Act of 2002 (6
U.S.C. 273(a)).''.

SEC. 768. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED
RELIGIOUS MINORITIES.

(a) In General.--The Secretary shall adjust the status of
an alien to that of an alien lawfully admitted for permanent
residence if the alien--
(1) is a persecuted religious minority;
(2) is admissible to the United States as an immigrant,
except as provided under subsection (b);
(3) had an application for asylum pending on May 1, 2003;
(4) applies for such adjustment of status;
(5) was physically present in the United States on the date
the application for such adjustment is filed; and
(6) pays a fee, in an amount determined by the Secretary,
for the processing of such application.
(b) Waiver of Certain Grounds for Inadmissibility.--
(1) Inapplicable provision.--Section 212(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(7)) shall
not apply to any adjustment of status under this section.
(2) Waiver.--The Secretary may waive any other provision of
section 212(a) of such Act (except for paragraphs (2) and
(3)) if extraordinary and compelling circumstances warrant
such an adjustment for humanitarian purposes, to ensure
family unity, or if it is otherwise in the public interest.

SEC. 769. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS
FOR CERTAIN LEGAL ASSISTANCE.

Section 305 of the Immigration Reform and Control Act of
1986 (8 U.S.C. 1101 note; Public Law 99-603) is amended--

[[Page S5270]]

(1) by striking ``section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a))'' and inserting ``item (a) or (b) of
section 101(a)(15)(H)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii))''; and
(2) by inserting ``or forestry'' after ``agricultural''.

SEC. 770. DESIGNATION OF PROGRAM COUNTRIES.

Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is amended to read
as follows:
``(1) In general.--As soon as any country fully meets the
requirements under paragraph (2), the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
designate such country as a program country.''.

SEC. 771. GLOBAL HEALTHCARE COOPERATION.

(a) Global Healthcare Cooperation.--Title III (8 U.S.C.
1401 et seq.) is amended by inserting after section 317 the
following:

``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE
IN DEVELOPING COUNTRIES.

``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security shall allow an
eligible alien and the spouse or child of such alien to
reside in a candidate country during the period that the
eligible alien is working as a physician or other healthcare
worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a);
and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines is--
``(A) eligible for assistance from the International
Development Association, in which the per capita income of
the country is equal to or less than the historical ceiling
of the International Development Association for the
applicable fiscal year, as defined by the International Bank
for Reconstruction and Development;
``(B) classified as a lower middle income country in the
then most recent edition of the World Development Report for
Reconstruction and Development published by the International
Bank for Reconstruction and Development and having an income
greater than the historical ceiling for International
Development Association eligibility for the applicable fiscal
year; or
``(C) qualifies to be a candidate country due to special
circumstances, including natural disasters or public health
emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United States for
permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security
shall consult with the Secretary of State in carrying out
this subsection.
``(d) Publication.--The Secretary of State shall publish--
``(1) not later than 6 months after the date of the
enactment of the Comprehensive Immigration Reform Act of
2006, and annually thereafter, a list of candidate countries;
and
``(2) an immediate amendment to such list at any time to
include any country that qualifies as a candidate country due
to special circumstances under subsection (b)(1)(C).''.
(b) Rulemaking.--
(1) Requirement.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by this section.
(2) Content.--The regulations required by paragraph (1)
shall--
(A) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by subsection
(a)) and the spouse or child of the eligible alien to reside
in a foreign country to work as a physician or other
healthcare worker as described in subsection (a) of such
section 317A for not less than a 12-month period and not more
than a 24-month period, and shall permit the Secretary to
extend such period for an additional period not to exceed 12
months, if the Secretary determines that such country has a
continuing need for such a physician or other healthcare
worker;
(B) provide for the issuance of documents by the Secretary
to such eligible alien, and such spouse or child, if
appropriate, to demonstrate that such eligible alien, and
such spouse or child, if appropriate, is authorized to reside
in such country under such section 317A; and
(C) provide for an expedited process through which the
Secretary shall review applications for such an eligible
alien to reside in a foreign country pursuant to subsection
(a) of such section 317A if the Secretary of State determines
a country is a candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(c) Technical and Conforming Amendments.--The Immigration
and Nationality Act is amended as follows:
(1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii))
is amended by adding at the end ``except in the case of an
eligible alien, or the spouse or child of such alien,
authorized to be absent from the United States pursuant to
section 317A,''.
(2) Section 211(b) (8 U.S.C. 1181(b)) is amended by
inserting ``, including an eligible alien authorized to
reside in a foreign country pursuant to section 317A and the
spouse or child of such eligible alien, if appropriate,''
after ``101(a)(27)(A),''.
(3) Section 212(a)(7)(A)(i)(I) (8 U.S.C.
1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an
eligible alien authorized to reside in a foreign country
pursuant to section 317A and the spouse or child of such
eligible alien, if appropriate,'' after ``Act,''.
(4) Section 319(b)(1)(B) (8 U.S.C. 1430(b)(1)(B)) is
amended by inserting ``an eligible alien who is residing or
has resided in a foreign country pursuant to section 317A''
before ``and'' at the end.
(5) The table of contents is amended by inserting after the
item relating to section 317 the following:

``Sec. 317A. Temporary absence of aliens providing healthcare in
developing countries.''.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Bureau of Citizenship and
Immigration Services such sums as may be necessary to carry
out this section and the amendments made by this section.

SEC. 772. ATTESTATION BY HEALTHCARE WORKERS.

(a) Requirement for Attestation.--Section 212(a)(5) (8
U.S.C. 1182(a)(5)) is amended by adding at the end the
following new subparagraph:
``(E) Healthcare workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of performing labor as a physician or
other healthcare worker is inadmissible unless the alien
submits to the Secretary of Homeland Security or the
Secretary of State, as appropriate, an attestation that the
alien is not seeking to enter the United States for such
purpose during any period in which the alien has an
outstanding obligation to the government of the alien's
country of origin or the alien's country of residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other healthcare worker
in consideration for a commitment to work as a physician or
other healthcare worker in the alien's country of origin or
the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--

``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.

(b) Effective Date and Application.--
(1) Effective date.--The amendment made by subsection (a)
shall become effective 180 days after the date of the
enactment of this Act.
(2) Application by the secretary.--The Secretary shall
begin to carry out the subparagraph (E) of section 212(a)(5)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)),
as added by subsection (a), not later than the effective date
described in paragraph (1), including the requirement for the
attestation and the granting of a waiver described in such
subparagraph, regardless of whether regulations to implement
such subparagraph have been promulgated.

SEC. 773. PUBLIC ACCESS TO THE STATUE OF LIBERTY.

Not later than 60 days after the date of the enactment of
this Act, the Secretary of the Interior shall ensure that all
persons who satisfy reasonable and appropriate security
measures shall have full access to the public areas of the
Statue of Liberty, including the crown and the stairs leading
thereto.
On page 12, line 1, strike ``(e)'' and insert the
following:
(e) Unmanned Aerial Vehicle Pilot Program.--During the 1-
year period beginning on the date on which the report is
submitted under subsection (c), the Secretary shall conduct a
pilot program to test unmanned aerial vehicles for border
surveillance along the international border between Canada
and the United States.
(f)

____________________