S.Amdt. 5030

TEXT OF AMENDMENTS

SA 5026. Mr. BURNS submitted an amendment intended to be proposed by
him to the bill H.R. 6061, to establish operational control over the
international land and maritime borders of the United States; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _. ENHANCED BORDER SURVEILLANCE.

Not later than 1 year after the date of the enactment of
this Act, the Secretary of Homeland Security, in cooperation
with the Administrator of the Federal Aviation
Administration, shall establish a 1-year pilot program at the
Northern Border Air Wing bases of the Office of Customs and
Border Protection Air and Marine to test the use of unmanned
aerial vehicles for border surveillance along the
international marine and land border between Canada and the
United States.
______

SA 5027. Mr. BURNS submitted an amendment intended to be proposed by
him to the bill H.R. 6061, to establish operational control over the
international land and maritime borders of the United States; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. STUDY ON METHAMPHETAMINE INFILTRATION AT THE
BORDERS.

Not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security, in conjunction with
the Drug Enforcement Agency, shall report to Congress--

[[Page S9909]]

(1) on the amount and type of methamphetamine seizures
occurring at both the northern and southern borders; and
(2) after considering the flow of methamphetamine and its
precursors across our borders, recommendations identifying
funding, equipment, and infrastructure needs to better combat
methamphetamine trafficking across United States borders with
particular attention to the manpower and equipment needs on
Indian reservations located at or near United States borders.
______

SA 5028. Mr. SALAZAR (for himself, Mr. Kennedy, Mr. Lieberman, Mr.
Obama, Mr. Reid, Mr. Leahy, Mr. Durbin, and Mr. Carper) submitted an
amendment intended to be proposed by him to the bill H.R. 6061, to
establish operational control over the international land and maritime
borders of the United States; which was ordered to lie on the table; as
follows:

On page 7, after line 10, add the following:

DIVISION A--COMPREHENSIVE IMMIGRATION REFORM

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Comprehensive Immigration Reform Act of 2006''.
(b) Table of Contents.--The table of contents for this
division is as follows:

DIVISION A--COMPREHENSIVE IMMIGRATION REFORM

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border Patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle
barriers.

Subtitle B--Border Security Plans, Strategies, and Reports

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North
American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.

Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border Patrol training capacity review.
Sec. 124. Us-visit System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit System.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern
land border of the United States.
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.
Sec. 135. Western Hemisphere Travel Initiative.

Subtitle D--Border Tunnel Prevention Act

Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.

Subtitle E--Border Law Enforcement Relief Act

Sec. 151. Short title.
Sec. 152. Findings.
Sec. 153. Border relief grant Program.
Sec. 154. Enforcement of Federal Immigration law.

Subtitle F--Rapid Response Measures

Sec. 161. Deployment of Border Patrol agents.
Sec. 162. Border Patrol major assets.
Sec. 163. Electronic equipment.
Sec. 164. Personal equipment.
Sec. 165. Authorization of appropriations.

TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence,
removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, VISA, and Immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and Immigration
fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain Immigration,
naturalization, and peonage offenses.
Sec. 215. Diplomatic security Service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State Criminal Alien Assistance Program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement officers.
Sec. 220. Reducing illegal Immigration and ALIEN smuggling on tribal
lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local Enforcement of Federal Immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political
subdivisions and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of Immigration violators in the National Crime
Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of
facilities identified for closures as a result of the
Defense Base Closure Realignment Act of 1990.
Sec. 234. Determination of Immigration status of individuals charged
with Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
Sec. 305. Antidiscrimination protections.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. ALIEN employment management System.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary guest worker VISA Program Task Force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L VISA limitations.
Sec. 412. Compliance investigators.
Sec. 413. VISA waiver Program expansion.
Sec. 414. Authorization of appropriations.

Subtitle B--Immigration Injunction Reform

Sec. 421. Short title.
Sec. 422. Appropriate remedies for Immigration legislation.
Sec. 423. Effective date.

TITLE V--BACKLOG REDUCTION

Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children and widows.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.
Sec. 509. Children of Filipino World War II veterans.
Sec. 510. Expedited adjudication of employer petitions for aliens of
extraordinary artistic ability.
Sec. 511. Powerline workers.
Sec. 512. Determinations with respect to children under the Haitian
Refugee Immigration Fairness Act of 1998.

Subtitle B--SKIL Act

Sec. 521. Short title.
Sec. 522. H-1b VISA holders.
Sec. 523. Market-based VISA limits.
Sec. 524. United States educated immigrants.
Sec. 525. Student visa reform.
Sec. 526. L-1 VISA holders Subject to VISA backlog.
Sec. 527. Retaining workers Subject to green card backlog.
Sec. 528. Streamlining the adjudication process for established
employers.

[[Page S9910]]

Sec. 529. Providing premium processing of Employment-Based visa
petitions.
Sec. 530. Eliminating procedural delays in labor certification process.
Sec. 531. Completion of background and security checks.
Sec. 532. VISA revalidation.

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

Sec. 541. Short title.
Sec. 542. Definitions.
Sec. 543. Special immigrant status.
Sec. 544. Extension of filing or reentry deadlines.
Sec. 545. Humanitarian relief for certain surviving spouses and
children.
Sec. 546. Recipient of public benefits.
Sec. 547. Age-out protection.
Sec. 548. Employment eligibility verification.
Sec. 549. Naturalization.
Sec. 550. Discretionary authority.
Sec. 551. Evidentiary standards and regulations.
Sec. 552. Identification documents.
Sec. 553. Waiver of regulations.
Sec. 554. Notices of change of address.
Sec. 555. Foreign students and exchange Program participants.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and
Reentry

Sec. 601. Access to earned adjustment and mandatory departure and
reentry.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

Sec. 611. Short title.
Sec. 612. Definitions.

CHAPTER 1--Pilot Program for Earned Status Adjustment of Agricultural
Workers

Sec. 613. Agricultural workers.
Sec. 614. Correction of Social Security records.

CHAPTER 2--Reform of H-2A Worker Program

Sec. 615. Amendment to the Immigration and Nationality Act.

CHAPTER 3--Miscellaneous Provisions

Sec. 616. Determination and use of user fees.
Sec. 617. Regulations.
Sec. 618. Report to Congress.
Sec. 619. Effective date.

Subtitle C--DREAM Act

Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Restoration of State option to determine residency for
purposes of higher Education benefits.
Sec. 624. Cancellation of removal and adjustment of status of certain
Long-Term residents who entered the United States as
children.
Sec. 625. Conditional permanent resident status.
Sec. 626. Retroactive benefits.
Sec. 627. Exclusive jurisdiction.
Sec. 628. Penalties for false statements in application.
Sec. 629. Confidentiality of information.
Sec. 630. Expedited processing of applications; prohibition on fees.
Sec. 631. Higher Education assistance.
Sec. 632. GAO report.

Subtitle D--Programs To Assist Nonimmigrant Workers

Sec. 641. Ineligibility and removal prior to application period.
Sec. 642. Grants to support public education and community training.
Sec. 643. Strengthening American citizenship.
Sec. 644. Supplemental Immigration fee.
Sec. 645. Addressing poverty in Mexico.

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

CHAPTER 1--Appeals and Review

Sec. 701. Additional Immigration personnel.

CHAPTER 2--Immigration Review Reform

Sec. 702. Board of Immigration Appeals.
Sec. 703. Immigration judges.
Sec. 704. Removal and review of judges.
Sec. 705. Legal orientation Program.
Sec. 706. Regulations.
Sec. 707. GAO study on the appellate process for Immigration appeals.
Sec. 708. Senior judge participation in the selection of magistrates.

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

Sec. 711. Short title.
Sec. 712. Waiver of requirement for fingerprints for Members of the
Armed Forces.
Sec. 713. Provision of information on naturalization to Members of the
Armed Forces.
Sec. 714. Provision of information on naturalization to the public.
Sec. 715. Reports.

Subtitle C--State Court Interpreter Grant Program

Sec. 721. Short title.
Sec. 722. Findings.
Sec. 723. State court interpreter Program.
Sec. 724. Authorization of appropriations.

Subtitle D--Border Infrastructure and Technology Modernization

Sec. 731. Short title.
Sec. 732. Definitions.
Sec. 733. Port of Entry Infrastructure Assessment Study.
Sec. 734. National Land Border Security Plan.
Sec. 735. Expansion of commerce security programs.
Sec. 736. Port of entry technology demonstration Program.
Sec. 737. Authorization of appropriations.

Subtitle E--Family Humanitarian Relief

Sec. 741. Short title.
Sec. 742. Adjustment of status for certain nonimmigrant victims of
terrorism.
Sec. 743. Cancellation of removal for certain immigrant victims of
terrorism.
Sec. 744. Exceptions.
Sec. 745. Evidence of death.
Sec. 746. Definitions.

Subtitle F--Other Matters

Sec. 751. Noncitizen membership in the Armed Forces.
Sec. 752. Nonimmigrant alien status for certain athletes.
Sec. 753. Extension of returning worker exemption.
Sec. 754. Surveillance technologies programs.
Sec. 755. Comprehensive Immigration efficiency review.
Sec. 756. Northern Border Prosecution Initiative.
Sec. 757. Southwest Border Prosecution Initiative.
Sec. 758. Grant Program to assist eligible applicants.
Sec. 759. Screening of municipal solid waste.
Sec. 760. Access to Immigration services in areas that are not
accessible by road.
Sec. 761. Border Security on certain Federal land.
Sec. 762. Unmanned Aerial Vehicles.
Sec. 763. Relief for widows and orphans.
Sec. 764. Terrorist activities.
Sec. 765. Family unity.
Sec. 766. Travel document plan.
Sec. 767. English as national language.
Sec. 768. Requirements for naturalization.
Sec. 769. Declaration of English.
Sec. 770. Preserving and enhancing the role of the English language.
Sec. 771. Exclusion of illegal aliens from congressional apportionment
tabulations.
Sec. 772. Office of Internal Corruption Investigation.
Sec. 773. Adjustment of status for certain persecuted religious
minorities.
Sec. 774. Eligibility of agricultural and forestry workers for certain
legal assistance.
Sec. 775. Designation of Program countries.
Sec. 776. Global healthcare cooperation.
Sec. 777. Attestation by healthcare workers.
Sec. 778. Public access to the Statue of Liberty.
Sec. 779. National security determination.

TITLE VIII--INTERCOUNTRY ADOPTION REFORM

Sec. 801. Short title.
Sec. 802. Findings; purposes.
Sec. 803. Definitions.

Subtitle A--Administration of Intercountry Adoptions

Sec. 811. Office of Intercountry Adoptions.
Sec. 812. Recognition of Convention adoptions in the United States.
Sec. 813. Technical and conforming amendment.
Sec. 814. Transfer of functions.
Sec. 815. Transfer of resources.
Sec. 816. Incidental transfers.
Sec. 817. Savings provisions.

Subtitle B--Reform of United States Laws Governing Intercountry
Adoptions

Sec. 821. Automatic acquisition of citizenship for adopted children
born outside the United States.
Sec. 822. Revised procedures.
Sec. 823. Nonimmigrant visas for children traveling to the United
States to be adopted by a United States citizen.
Sec. 824. Definition of adoptable child.
Sec. 825. Approval to adopt.
Sec. 826. Adjudication of child status.
Sec. 827. Funds.

Subtitle C--Enforcement

Sec. 831. Civil penalties and enforcement.
Sec. 832. Criminal penalties.

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

Except as otherwise expressly provided, whenever in this
division an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).

SEC. 3. DEFINITIONS.

In this division:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.

SEC. 4. SEVERABILITY.

If any provision of this Act, any amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be invalid for any reason,
the remainder of this Act, the amendments made by this Act,
and the application of the provisions of such to any

[[Page S9911]]

other person or circumstance shall not be affected by such
holding.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel.--
(1) Port of entry inspectors.--In each of the fiscal years
2007 through 2011, the Secretary shall, subject to the
availability of appropriations, increase by not less than 500
the number of positions for full-time active duty port of
entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(2) Investigative personnel.--
(A) Immigration and customs enforcement investigators.--
Section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734)
is amended by striking ``800'' and inserting ``1000''.
(B) Additional personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended by subparagraph
(A), during each of the fiscal years 2007 through 2011, the
Secretary shall, subject to the availability of
appropriations, increase by not less than 200 the number of
positions for personnel within the Department assigned to
investigate alien smuggling.
(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.
(b) Authorization of Appropriations.--
(1) Port of entry inspectors.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
for each of the fiscal years 2007 through 2011 to carry out
paragraph (1) of subsection (a).
(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) Border patrol agents.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734)
is amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

``(a) Annual Increases.--The Secretary of Homeland Security
shall, subject to the availability of appropriations for such
purpose, increase the number of positions for full-time
active-duty border patrol agents within the Department of
Homeland Security (above the number of such positions for
which funds were appropriated for the preceding fiscal year),
by--
``(1) 2,000 in fiscal year 2006;
``(2) 2,400 in fiscal year 2007;
``(3) 2,400 in fiscal year 2008;
``(4) 2,400 in fiscal year 2009;
``(5) 2,400 in fiscal year 2010; and
``(6) 2,400 in fiscal year 2011;
``(b) Northern Border.--In each of the fiscal years 2006
through 2011, in addition to the border patrol agents
assigned along the northern border of the United States
during the previous fiscal year, the Secretary shall assign a
number of border patrol agents equal to not less than 20
percent of the net increase in border patrol agents during
each such fiscal year.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this
section.''.

SEC. 102. TECHNOLOGICAL ASSETS.

(a) Acquisition.--Subject to the availability of
appropriations, the Secretary shall procure additional
unmanned aerial vehicles, cameras, poles, sensors, and other
technologies necessary to achieve operational control of the
international borders of the United States and to establish a
security perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration.
(b) Increased Availability of Equipment.--The Secretary and
the Secretary of Defense shall develop and implement a plan
to use authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars,
and other surveillance equipment, to assist the Secretary in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall submit to Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use
of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).
(e) 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) Construction.--Nothing in this section may be construed
as altering or amending the prohibition on the use of any
part of the Army or the Air Force as a posse comitatus under
section 1385 of title 18, United States Code.

SEC. 103. INFRASTRUCTURE.

(a) Construction of Border Control Facilities.--Subject to
the availability of appropriations, the Secretary shall
construct all-weather roads and acquire additional vehicle
barriers and facilities necessary to achieve operational
control of the international borders of the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).

SEC. 104. BORDER PATROL CHECKPOINTS.

The Secretary may maintain temporary or permanent
checkpoints on roadways in border patrol sectors that are
located in proximity to the international border between the
United States and Mexico.

SEC. 105. PORTS OF ENTRY.

The Secretary is authorized to--
(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary; and
(2) make necessary improvements to the ports of entry in
existence on the date of the enactment of this Act.

SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND
VEHICLE BARRIERS.

(a) Tucson Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Tucson Sector located proximate to population
centers in Douglas, Nogales, Naco, and Lukeville, Arizona
with double- or triple-layered fencing running parallel to
the international border between the United States and
Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas, except
that the double- or triple-layered fence shall extend west of
Naco, Arizona, for a distance of 10 miles; and
(3) construct not less than 150 miles of vehicle barriers
and all-weather roads in the Tucson Sector running parallel
to the international border between the United States and
Mexico in areas that are known transit points for illegal
cross-border traffic.
(b) Yuma Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Yuma Sector located proximate to population
centers in Yuma, Somerton, and San Luis, Arizona with double-
or triple-layered fencing running parallel to the
international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas in the
Yuma Sector; and
(3) construct not less than 50 miles of vehicle barriers
and all-weather roads in the Yuma Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-
border traffic.
(c) Other High Trafficked Areas.--The Secretary shall
construct not less than 370 miles of triple-layered fencing
which may include portions already constructed in San Diego
Tucson and Yuma Sectors, and 500 miles of vehicle barriers in
other areas along the southwest border that the Secretary
determines are areas that are most often used by smugglers
and illegal aliens attempting to gain illegal entry into the
United States.
(d) Construction Deadline.--The Secretary shall immediately
commence construction of the fencing, barriers, and roads
described in subsections (a), (b), and (c) and shall complete
such construction not later than 2 years after the date of
the enactment of this Act.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that describes the progress that has been made in
constructing the fencing, barriers, and roads described in
subsections (a), (b), and (c).

[[Page S9912]]

(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

Subtitle B--Border Security Plans, Strategies, and Reports

SEC. 111. SURVEILLANCE PLAN.

(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the
international land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall
include the following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of the enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection of the Department is
working, or is expected to work, with the Under Secretary for
Science and Technology of the Department to identify and test
surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such
technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on
safety and airspace control issues associated with the use of
unmanned aerial vehicles.
(c) Submission to Congress.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
submit to Congress the plan required by this section.

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

(a) Requirement for Strategy.--The Secretary, in
consultation with the heads of other appropriate Federal
agencies, shall develop a National Strategy for Border
Security that describes actions to be carried out to achieve
operational control over all ports of entry into the United
States and the international land and maritime borders of the
United States.
(b) Content.--The National Strategy for Border Security
shall include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime
borders of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime
borders of the United States that includes a description of
activities being undertaken--
(A) to prevent the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other
contraband into the United States; and
(B) to protect critical infrastructure at or near such
ports of entry or borders.
(4) An assessment of the legal requirements that prevent
achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities,
and recommendations regarding actions the Secretary can carry
out to improve coordination with such authorities to enable
border security and enforcement activities to be carried out
in a more efficient and effective manner.
(8) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, personal property rights,
privacy rights, and civil liberties, including an assessment
of efforts to take into account asylum seekers, trafficking
victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the international land and
maritime borders of the United States.
(11) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(12) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a
prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, an estimate of
the resources needed to carry out such measures, and a
description of how such resources should be allocated.
(c) Consultation.--In developing the National Strategy for
Border Security, the Secretary shall consult with
representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise
in areas related to border security.
(d) Coordination.--The National Strategy for Border
Security shall be consistent with the National Strategy for
Maritime Security developed pursuant to Homeland Security
Presidential Directive 13, dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
update of such Strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section or section
111 may be construed to relieve the Secretary of the
responsibility to take all actions necessary and appropriate
to achieve and maintain operational control over the entire
international land and maritime borders of the United States.

SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON
NORTH AMERICAN SECURITY.

(a) Requirement for Reports.--Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, the Secretary of State, in coordination with the
Secretary and the heads of other appropriate Federal
agencies, shall submit to Congress a report on improving the
exchange of information related to the security of North
America.
(b) Contents.--Each report submitted under subsection (a)
shall contain a description of the following:
(1) Security clearances and document integrity.--The
progress made toward the development of common enrollment,
security, technical, and biometric standards for the
issuance, authentication, validation, and repudiation of
secure documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards for the
issuance, authentication, validation, and repudiation of
travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage foreign
governments to enact laws to combat alien smuggling and
trafficking, and laws to forbid the use and manufacture of
fraudulent travel documents and to promote information
sharing;
(C) applying the necessary pressures and support to ensure
that other countries meet proper travel document standards
and are committed to travel document verification before the
citizens of such countries travel internationally, including
travel by such citizens to the United States; and
(D) providing technical assistance for the development and
maintenance of a national database built upon identified best
practices for biometrics associated with visa and travel
documents.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United
States, including the progress made--
(A) in implementing the Statement of Mutual Understanding
on Information Sharing, signed by Canada and the United
States in February 2003; and
(B) in identifying trends related to immigration fraud,
including asylum and document fraud, and to analyze such
trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who issue
visas at the consulates or embassies of Canada, Mexico, or
the United States throughout the world to share information,
trends, and best practices on visa flows;
(B) in comparing the procedures and policies of Canada and
the United States related to visitor visa processing,
including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and the United
States to waive visa requirements for nationals and citizens
of the same foreign countries;
(D) in providing technical assistance for the development
and maintenance of a national database built upon identified
best

[[Page S9913]]

practices for biometrics associated with immigration
violators;
(E) in developing and implementing an immigration security
strategy for North America that works toward the development
of a common security perimeter by enhancing technical
assistance for programs and systems to support advance
automated reporting and risk targeting of international
passengers;
(F) in sharing information on lost and stolen passports on
a real-time basis among immigration or law enforcement
officials of Canada, Mexico, and the United States; and
(G) in collecting 10 fingerprints from each individual who
applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the
privacy laws of both countries, share information regarding
third country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The progress made in enhancing
the capacity of the United States to combat terrorism through
the coordination of counterterrorism efforts, including the
progress made--
(A) in developing and implementing bilateral agreements
between Canada and the United States and between Mexico and
the United States to govern the sharing of terrorist watch
list data and to comprehensively enumerate the uses of such
data by the governments of each country;
(B) in establishing appropriate linkages among Canada,
Mexico, and the United States Terrorist Screening Center; and
(C) in exploring with foreign governments the establishment
of a multilateral watch list mechanism that would facilitate
direct coordination between the country that identifies an
individual as an individual included on a watch list, and the
country that owns such list, including procedures that
satisfy the security concerns and are consistent with the
privacy and other laws of each participating country.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information
sharing and law enforcement cooperation in combating
organized crime, including the progress made--
(A) in combating currency smuggling, money laundering,
alien smuggling, and trafficking in alcohol, firearms, and
explosives;
(B) in implementing the agreement between Canada and the
United States known as the Firearms Trafficking Action Plan;
(C) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(D) in developing a joint threat assessment on organized
crime between Canada and the United States;
(E) in determining the feasibility of formulating a joint
threat assessment on organized crime between Mexico and the
United States;
(F) in developing mechanisms to exchange information on
findings, seizures, and capture of individuals transporting
undeclared currency; and
(G) in developing and implementing a plan to combat the
transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico,
and the United States through enhanced technical assistance
for the development and maintenance of a national database
built upon identified best practices for biometrics
associated with known and suspected criminals or terrorists,
including exploring the formation of law enforcement teams
that include personnel from the United States and Mexico, and
appropriate procedures for such teams.

SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

(a) Technical Assistance.--The Secretary of State, in
coordination with the Secretary, shall work to cooperate with
the head of Foreign Affairs Canada and the appropriate
officials of the Government of Mexico to establish a
program--
(1) to assess the specific needs of Guatemala and Belize in
maintaining the security of the international borders of such
countries;
(2) to use the assessment made under paragraph (1) to
determine the financial and technical support needed by
Guatemala and Belize from Canada, Mexico, and the United
States to meet such needs;
(3) to provide technical assistance to Guatemala and Belize
to promote issuance of secure passports and travel documents
by such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of fraudulent travel
documents; and
(C) to share relevant information with Mexico, Canada, and
the United States.
(b) Border Security for Belize, Guatemala, and Mexico.--The
Secretary, in consultation with the Secretary of State, shall
work to cooperate--
(1) with the appropriate officials of the Government of
Guatemala and the Government of Belize to provide law
enforcement assistance to Guatemala and Belize that
specifically addresses immigration issues to increase the
ability of the Government of Guatemala to dismantle human
smuggling organizations and gain additional control over the
international border between Guatemala and Belize; and
(2) with the appropriate officials of the Government of
Belize, the Government of Guatemala, the Government of
Mexico, and the governments of neighboring contiguous
countries to establish a program to provide needed equipment,
technical assistance, and vehicles to manage, regulate, and
patrol the international borders between Mexico and Guatemala
and between Mexico and Belize.
(c) Tracking Central American Gangs.--The Secretary of
State, in coordination with the Secretary and the Director of
the Federal Bureau of Investigation, shall work to cooperate
with the appropriate officials of the Government of Mexico,
the Government of Guatemala, the Government of Belize, and
the governments of other Central American countries--
(1) to assess the direct and indirect impact on the United
States and Central America of deporting violent criminal
aliens;
(2) to establish a program and database to track
individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the
governments of Belize, Guatemala, Mexico, the United States,
and other appropriate countries to notify such a government
if an individual suspected of gang activity will be deported
to that country prior to the deportation and to provide
support for the reintegration of such deportees into that
country; and
(4) to develop an agreement to share all relevant
information related to individuals connected with Central
American gangs.
(d) Limitations on Assistance.--Any funds made available to
carry out this section shall be subject to the limitations
contained in section 551 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 2006
(Public Law 109-102; 119 Stat. 2218).

SEC. 115. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination between the Bureau
of Immigration and Customs Enforcement and the Bureau of
Customs and Border Protection of the Department and any other
Federal, State, local, or tribal authorities, as determined
appropriate by the Secretary, to improve coordination efforts
to combat human smuggling.
(b) Content.--In developing the plan required by subsection
(a), the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures
that prevent, detect, and prosecute international money
laundering and other operations that are utilized in
smuggling;
(5) joint measures, with the Secretary of State, to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combating human smuggling.
(c) Report.--Not later than 1 year after implementing the
plan described in subsection (a), the Secretary shall submit
to Congress a report on such plan, including any
recommendations for legislative action to improve efforts to
combating human smuggling.
(d) Savings Provision.--Nothing in this section may be
construed to provide additional authority to any State or
local entity to enforce Federal immigration laws.

SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

(a) Collection of Statistics.--The Commissioner of the
Bureau of Customs and Border Protection shall collect
statistics relating to deaths occurring at the border between
the United States and Mexico, including--
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Commissioner of the Bureau of Customs and Border Protection
shall submit to the Secretary a report that--
(1) analyzes trends with respect to the statistics
collected under subsection (a) during the preceding year; and
(2) recommends actions to reduce the deaths described in
subsection (a).

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;

[[Page S9914]]

(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.

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2007, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a).

SEC. 122. SECURE COMMUNICATION.

The Secretary shall, as expeditiously as practicable,
develop and implement a plan to improve the use of satellite
communications and other technologies to ensure clear and
secure 2-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

(a) In General.--The Comptroller General of the United
States shall conduct a review of the basic training provided
to Border Patrol agents by the Secretary to ensure that such
training is provided as efficiently and cost-effectively as
possible.
(b) Components of Review.--The review under subsection (a)
shall include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by
the Federal Law Enforcement Training Center, including a
description of how such curriculum has changed since
September 11, 2001, and an evaluation of language and
cultural diversity training programs provided within such
curriculum.
(2) A review and a detailed breakdown of the costs incurred
by the Bureau of Customs and Border Protection and the
Federal Law Enforcement Training Center to train 1 new Border
Patrol agent.
(3) A comparison, based on the review and breakdown under
paragraph (2), of the costs, effectiveness, scope, and
quality, including geographic characteristics, with other
similar training programs provided by State and local
agencies, nonprofit organizations, universities, and the
private sector.
(4) An evaluation of whether utilizing comparable non-
Federal training programs, proficiency testing, and long-
distance learning programs may affect--
(A) the cost-effectiveness of increasing the number of
Border Patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed to
fulfill the mission and duties of a Border Patrol agent.

SEC. 124. US-VISIT SYSTEM.

Not later than 6 months after the date of the enactment of
this Act, the Secretary, in consultation with the heads of
other appropriate Federal agencies, shall submit to Congress
a schedule for--
(1) equipping all land border ports of entry of the United
States with the U.S.-Visitor and Immigrant Status Indicator
Technology (US-VISIT) system implemented under section 110 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the
exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems
operated by the Secretary.

SEC. 125. DOCUMENT FRAUD DETECTION.

(a) Training.--Subject to the availability of
appropriations, the Secretary shall provide all Customs and
Border Protection officers with training in identifying and
detecting fraudulent travel documents. Such training shall be
developed in consultation with the head of the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall
provide all Customs and Border Protection officers with
access to the Forensic Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Inspector General
shall submit to Congress the findings of the assessment
required by paragraph (1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of fiscal years 2007 through 2011 to carry
out this section.

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

(a) In General.--Section 303 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is
amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``ENTRY AND EXIT
DOCUMENTS'' and inserting ``TRAVEL AND ENTRY DOCUMENTS AND
EVIDENCE OF STATUS'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004, the''
and inserting ``The''; and
(B) by striking ``visas and'' both places it appears and
inserting ``visas, evidence of status, and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Other Documents.--Not later than October 26, 2007,
every document, other than an interim document, issued by the
Secretary of Homeland Security, which may be used as evidence
of an alien's status as an immigrant, nonimmigrant, parolee,
asylee, or refugee, shall be machine-readable and tamper-
resistant, and shall incorporate a biometric identifier to
allow the Secretary of Homeland Security to verify
electronically the identity and status of the alien.''.

SEC. 127. CANCELLATION OF VISAS.

Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting ``and any other nonimmigrant visa issued
by the United States that is in the possession of the alien''
after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office
located in the country of the alien's nationality'' and
inserting ``(other than a visa described in paragraph (1))
issued in a consular office located in the country of the
alien's nationality or foreign residence''.

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Collection of Biometric Data From Aliens Departing the
United States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and
(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to
require aliens departing the United States to provide
biometric data and other information relating to their
immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d)
(8 U.S.C. 1225(d)) is amended by adding at the end the
following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking to
transit through the United States; or
``(B) any lawful permanent resident who is entering the
United States and who is not regarded as seeking admission
pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--
Section 252 (8 U.S.C. 1282)

[[Page S9915]]

is amended by adding at the end the following:
``(d) An immigration officer is authorized to collect
biometric data from an alien crewman seeking permission to
land temporarily in the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C.
1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for biometric
data under section 215(c) or 235(d) is inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to
an alien described in subparagraph (C) of subsection (a)(7)
and may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of
the Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred
to as the Administrative Procedure Act) or any other law
relating to rulemaking, information collection, or
publication in the Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2007 and 2008 to implement
the automated biometric entry and exit data system at all
land border ports of entry.''.

SEC. 129. BORDER STUDY.

(a) Southern Border Study.--The Secretary, in consultation
with the Attorney General, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Defense, the
Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall conduct a study on the
construction of a system of physical barriers along the
southern international land and maritime border of the United
States. The study shall include--
(1) an assessment of the necessity of constructing such a
system, including the identification of areas of high
priority for the construction of such a system determined
after consideration of factors including the amount of
narcotics trafficking and the number of illegal immigrants
apprehended in such areas;
(2) an assessment of the feasibility of constructing such a
system;
(3) an assessment of the international, national, and
regional environmental impact of such a system, including the
impact on zoning, global climate change, ozone depletion,
biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along
such a system;
(5) an assessment of the impact such a system would have on
international trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private
property rights including issues of eminent domain and
riparian rights;
(7) an estimate of the costs associated with building a
barrier system, including costs associated with excavation,
construction, and maintenance;
(8) an assessment of the effect of such a system on Indian
reservations and units of the National Park System;
(9) an assessment of the necessity of constructing such a
system after the implementation of provisions of this Act
relating to guest workers, visa reform, and interior and
worksite enforcement, and the likely effect of such
provisions on undocumented immigration and the flow of
illegal immigrants across the international border of the
United States;
(10) an assessment of the impact of such a system on
diplomatic relations between the United States and Mexico,
Central America, and South America, including the likely
impact of such a system on existing and potential areas of
bilateral and multilateral cooperative enforcement efforts;
(11) an assessment of the impact of such a system on the
quality of life within border communities in the United
States and Mexico, including its impact on noise and light
pollution, housing, transportation, security, and
environmental health;
(12) an assessment of the likelihood that such a system
would lead to increased violations of the human rights,
health, safety, or civil rights of individuals in the region
near the southern international border of the United States,
regardless of the immigration status of such individuals;
(13) an assessment of the effect such a system would have
on violence near the southern international border of the
United States; and
(14) an assessment of the effect of such a system on the
vulnerability of the United States to infiltration by
terrorists or other agents intending to inflict direct harm
on the United States.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study described in subsection (a).

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

(a) In General.--The Inspector General of the Department
shall review each contract action relating to the Secure
Border Initiative having a value of more than $20,000,000, to
determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned
business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each
contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily
suspend the contractor from further participation in the
Secure Border Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary a report containing the findings of the review,
including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small businesses to
compete; or
(F) other high risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the
Secretary shall submit a report, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, that describes--
(A) the findings of the report received from the Inspector
General; and
(B) the steps the Secretary has taken, or plans to take, to
address the problems identified in such report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters is not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later that 30 days
after receiving information regarding a proposed purchase of
a contract to manage the operations of a United States port
by a foreign entity, the Committee on Foreign Investment in
the United States shall submit a report to Congress that
describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to
amounts that are otherwise authorized to be appropriated to
the Office of the Inspector General of the Department, there
are authorized to be appropriated to the Office, to enable
the Office to carry out this section--
(1) for fiscal year 2007, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2008, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2009, not less than 7 percent of the
overall budget of the Office for such fiscal year.

SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR
BETWEEN PORTS OF ENTRY.

(a) In General.--Beginning on October 1, 2007, an alien
(other than a national of Mexico) who is attempting to
illegally enter the United States and who is apprehended at a
United States port of entry or along the international land
and maritime border of the United States shall be detained
until removed or a final decision granting admission has been
determined, unless the alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1225(a)(4)) and immediately departs from the
United States pursuant to such section; or
(2) is paroled into the United States by the Secretary for
urgent humanitarian reasons or significant public benefit in
accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days
after the date of the enactment of this Act and before
October 1, 2007, an alien described in subsection (a) may be
released with a notice to appear only if--

[[Page S9916]]

(1) the Secretary determines, after conducting all
appropriate background and security checks on the alien, that
the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction.--
(1) Asylum and removal.--Nothing in this section shall be
construed as limiting the right of an alien to apply for
asylum or for relief or deferral of removal based on a fear
of persecution.
(2) Treatment of certain aliens.--The mandatory detention
requirement in subsection (a) does not apply to any alien who
is a native or citizen of a country in the Western Hemisphere
with whose government the United States does not have full
diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary, in the
Secretary's sole unreviewable discretion, to determine
whether an alien described in clause (ii) of section
235(b)(1)(B) of the Immigration and Nationality Act shall be
detained or released after a finding of a credible fear of
persecution (as defined in clause (v) of such section).

SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL,
REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 555. Evasion of inspection or during violation of
arrival, reporting, entry, or clearance requirements

``(a) Prohibition.--A person shall be punished as described
in subsection (b) if such person attempts to elude or eludes
customs, immigration, or agriculture inspection or fails to
stop at the command of an officer or employee of the United
States charged with enforcing the immigration, customs, or
other laws of the United States at a port of entry or customs
or immigration checkpoint.
``(b) Penalties.--A person who commits an offense described
in subsection (a) shall be--
``(1) fined under this title;
``(2)(A) imprisoned for not more than 3 years, or both;
``(B) imprisoned for not more than 10 years, or both, if in
commission of this violation, attempts to inflict or inflicts
bodily injury (as defined in section 1365(g) of this title);
or
``(C) imprisoned for any term of years or for life, or
both, if death results, and may be sentenced to death; or
``(3) both fined and imprisoned under this subsection.
``(c) Conspiracy.--If 2 or more persons conspire to commit
an offense described in subsection (a), and 1 or more of such
persons do any act to effect the object of the conspiracy,
each shall be punishable as a principal, except that the
sentence of death may not be imposed.
``(d) Prima Facie Evidence.--For the purposes of seizure
and forfeiture under applicable law, in the case of use of a
vehicle or other conveyance in the commission of this
offense, or in the case of disregarding or disobeying the
lawful authority or command of any officer or employee of the
United States under section 111(b) of this title, such
conduct shall constitute prima facie evidence of smuggling
aliens or merchandise.''.
(b) Conforming Amendment.--The table of sections for
chapter 27 of title 18, United States Code, is amended by
inserting at the end:

``555. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements''.

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

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE
SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority To Provide Assistance.--(1) With the approval
of the Secretary of Defense, the Governor of a State may
order any units or personnel of the National Guard of such
State to perform annual training duty under section 502(a) of
title 32, United States Code, to carry out in any State along
the southern land border of the United States the activities
authorized in subsection (b), for the purpose of securing
such border. Such duty shall not exceed 21 days in any year.
(2) With the approval of the Secretary of Defense, the
Governor of a State may order any units or personnel of the
National Guard of such State to perform duty under section
502(f) of title 32, United States Code, to provide command,
control, and continuity of support for units or personnel
performing annual training duty under paragraph (1).
(b) Authorized Activities.--The activities authorized by
this subsection are any of the following:
(1) Ground reconnaissance activities;
(2) Airborne reconnaissance activities;
(3) Logistical support;
(4) Provision of translation services and training;
(5) Administrative support services;
(6) Technical training services;
(7) Emergency medical assistance and services;
(8) Communications services;
(9) Rescue of aliens in peril;
(10) Construction of roadways, patrol roads, fences,
barriers, and other facilities to secure the southern land
border of the United States; and
(11) Ground and air transportation.
(c) Cooperative Agreements.--Units and personnel of the
National Guard of a State may perform activities in another
State under subsection (a) only pursuant to the terms of an
emergency management assistance compact or other cooperative
arrangement entered into between Governors of such States for
purposes of this section, and only with the approval of the
Secretary of Defense.
(d) Coordination of Assistance.--The Secretary of Homeland
Security shall, in consultation with the Secretary of Defense
and the Governors of the States concerned, coordinate the
performance of activities under this section by units and
personnel of the National Guard.
(e) Annual Training.--Annual training duty performed by
members of the National Guard under subsection (a) shall be
appropriate for the units and individual members concerned,
taking into account the types of units and military
occupational specialties of individual members performing
such duty.
(f) Definitions.--In this section:
(1) The term ``Governor of a State'' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
(2) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
(3) The term ``State along the southern border of the
United States'' means each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(D) The State of Texas.
(g) Duration of Authority.--The authority of this section
shall expire on January 1, 2009.
(h) Prohibition on Direct Participation in Law
Enforcement.--Activities carried out under the authority of
this section shall not include the direct participation of a
member of the National Guard in a search, seizure, arrest, or
similar activity.

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 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).

[[Page S9917]]

(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
(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, to the 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

[[Page S9918]]

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 section 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.

Subtitle D--Border Tunnel Prevention Act

SEC. 141. SHORT TITLE.

This subtitle may be cited as the ``Border Tunnel
Prevention Act''.

SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

(a) In General.--Chapter 27 of title 18, United States
Code, as amended by section 132, is further amended by adding
at the end the following:

``Sec. 556. Border tunnels and passages

``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses
the international border between the United States and
another country, other than a lawfully authorized tunnel or
passage known to the Secretary of Homeland Security and
subject to inspection by the Bureau of Immigration and
Customs Enforcement, shall be fined under this title and
imprisoned for not more than 20 years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in
subsection (a) on land that the person owns or controls shall
be fined under this title and imprisoned for not more than 10
years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in
violation of section 545), controlled substances, weapons of
mass destruction (including biological weapons), or a member
of a terrorist organization (as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term
of imprisonment that is twice the maximum term of
imprisonment that would have otherwise been applicable had
the unlawful activity not made use of such a tunnel or
passage.''.
(b) Clerical Amendment.--The table of sections for chapter
27 of title 18, United States Code, as amended by section
132, is further amended by adding at the end the following:

``Sec. 556. Border tunnels and passages''.

(c) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by inserting ``556,'' before
``1425,''.

SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.

(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
promulgate or amend sentencing guidelines to provide for
increased penalties for persons convicted of offenses
described in section 556 of title 18, United States Code, as
added by section 142.
(b) Requirements.--In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious
nature of the offenses described in section 556 of title 18,
United States Code, and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(2) provide adequate base offense levels for offenses under
such section;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a tunnel or passage described in subsection
(a) of such section to facilitate other felonies; and
(B) the circumstances for which the sentencing guidelines
currently provide applicable sentencing enhancements;
(4) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(6) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code.

Subtitle E--Border Law Enforcement Relief Act

SEC. 151. SHORT TITLE.

This subtitle may be cited as the ``Border Law Enforcement
Relief Act of 2006''.

SEC. 152. FINDINGS.

Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately

[[Page S9919]]

secure the Nation's borders and prevent the flow of
undocumented persons and illegal drugs into the United
States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to
illegally enter the United States, according to the
Congressional Research Service, the net growth in the number
of unauthorized aliens has increased by approximately 500,000
each year. The Southwest border accounts for approximately 94
percent of all migrant apprehensions each year. Currently,
there are an estimated 11,000,000 unauthorized aliens in the
United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest Border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border
are provided no assistance in covering such expenses and must
use their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with Mexico. Many of the local law
enforcement agencies located along the border are small,
rural departments charged with patrolling large areas of
land. Counties along the Southwest United States-Mexico
border are some of the poorest in the country and lack the
financial resources to cover the additional costs associated
with illegal immigration, drug trafficking, and other border-
related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security
in the region

SEC. 153. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the jurisdiction of
such agency by virtue of such agency's proximity to the
United States border; and
(B) the impact of any lack of security along the United
States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2007 through 2011.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any
eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States
border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an
eligible law enforcement agency to address criminal activity
occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary
determines to be essential to ensure compliance with the
requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from a
United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such
border, but where such county has been certified by the
Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that county
have the resources to protect the lives, property, safety, or
welfare of the residents of that county;
(B) the relationship between any lack of security along the
United States border and the rise, if any, of criminal
activity in that county; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2007 through 2011 to
carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement
agencies located in the 6 States with the largest number of
undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High
Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this title.

SEC. 154. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Nothing in this subtitle shall be construed to authorize
State or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.

Subtitle F--Rapid Response Measures

SEC. 161. DEPLOYMENT OF BORDER PATROL AGENTS.

(a) Emergency Deployment of Border Patrol Agents.--
(1) In general.--If the Governor of a State on an
international border of the United States declares an
international border security emergency and requests
additional United States Border Patrol agents (referred to in
this subtitle as ``agents'') from the Secretary, the
Secretary, subject to paragraphs (1) and (2), may provide the
State with not more than 1,000 additional agents for the
purpose of patrolling and defending the international border,
in order to prevent individuals from crossing the
international border into the United States at any location
other than an authorized port of entry.
(2) Consultation.--Upon receiving a request for agents
under paragraph (1), the Secretary, after consultation with
the President, shall grant such request to the extent that
providing such agents will not significantly impair the
Department's ability to provide border security for any other
State.
(3) Collective bargaining.--Emergency deployments under
this subsection shall be made in accordance with all
applicable collective bargaining agreements and obligations.
(b) Elimination of Fixed Deployment of Border Patrol
Agents.--The Secretary shall ensure that agents are not
precluded from performing patrol duties and apprehending
violators of law, except in unusual circumstances if the
temporary use of fixed deployment positions is necessary.
(c) Increase in Full-Time Border Patrol Agents.--Section
5202(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3734), as amended by
section 101(b)(2), is further amended by striking ``2,000''
and inserting ``3,000''.

SEC. 162. BORDER PATROL MAJOR ASSETS.

(a) Control of Border Patrol Assets.--The United States
Border Patrol shall have complete and exclusive
administrative and operational control over all the assets
utilized in carrying out its mission, including, aircraft,
watercraft, vehicles, detention space, transportation, and
all of the personnel associated with such assets.
(b) Helicopters and Power Boats.--
(1) Helicopters.--The Secretary shall increase, by not less
than 100, the number of helicopters under the control of the
United States Border Patrol. The Secretary shall ensure that
appropriate types of helicopters are procured for the various
missions being performed.
(2) Power boats.--The Secretary shall increase, by not less
than 250, the number of power boats under the control of the
United States Border Patrol. The Secretary shall ensure that
the types of power boats that are procured are appropriate
for both the waterways in which they are used and the mission
requirements.
(3) Use and training.--The Secretary shall--
(A) establish an overall policy on how the helicopters and
power boats procured under this subsection will be used; and
(B) implement training programs for the agents who use such
assets, including safe operating procedures and rescue
operations.
(c) Motor Vehicles.--
(1) Quantity.--The Secretary shall establish a fleet of
motor vehicles appropriate for use by the United States
Border Patrol that will permit a ratio of not less than 1
police-type vehicle for every 3 agents. These police-type
vehicles shall be replaced not less than every 3 years. The
Secretary shall ensure that there are sufficient numbers and
types of other motor vehicles to support the mission of the
United States Border Patrol.

[[Page S9920]]

(2) Features.--All motor vehicles purchased for the United
States Border Patrol shall--
(A) be appropriate for the mission of the United States
Border Patrol; and
(B) have a panic button and a global positioning system
device that is activated solely in emergency situations to
track the location of agents in distress.

SEC. 163. ELECTRONIC EQUIPMENT.

(a) Portable Computers.--The Secretary shall ensure that
each police-type motor vehicle in the fleet of the United
States Border Patrol is equipped with a portable computer
with access to all necessary law enforcement databases and
otherwise suited to the unique operational requirements of
the United States Border Patrol.
(b) Radio Communications.--The Secretary shall augment the
existing radio communications system so that all law
enforcement personnel working in each area where United
States Border Patrol operations are conducted have clear and
encrypted 2-way radio communication capabilities at all
times. Each portable communications device shall be equipped
with a panic button and a global positioning system device
that is activated solely in emergency situations to track the
location of agents in distress.
(c) Hand-Held Global Positioning System Devices.--The
Secretary shall ensure that each United States Border Patrol
agent is issued a state-of-the-art hand-held global
positioning system device for navigational purposes.
(d) Night Vision Equipment.--The Secretary shall ensure
that sufficient quantities of state-of-the-art night vision
equipment are procured and maintained to enable each United
States Border Patrol agent working during the hours of
darkness to be equipped with a portable night vision device.

SEC. 164. PERSONAL EQUIPMENT.

(a) Body Armor.--The Secretary shall ensure that every
agent is issued high-quality body armor that is appropriate
for the climate and risks faced by the agent. Each agent
shall be permitted to select from among a variety of approved
brands and styles. Agents shall be strongly encouraged, but
not required, to wear such body armor whenever practicable.
All body armor shall be replaced not less than every 5 years.
(b) Weapons.--The Secretary shall ensure that agents are
equipped with weapons that are reliable and effective to
protect themselves, their fellow agents, and innocent third
parties from the threats posed by armed criminals. The
Secretary shall ensure that the policies of the Department
authorize all agents to carry weapons that are suited to the
potential threats that they face.
(c) Uniforms.--The Secretary shall ensure that all agents
are provided with all necessary uniform items, including
outerwear suited to the climate, footwear, belts, holsters,
and personal protective equipment, at no cost to such agents.
Such items shall be replaced at no cost to such agents as
they become worn, unserviceable, or no longer fit properly.

SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary
such sums as may be necessary for each of the fiscal years
2007 through 2011 to carry out this subtitle.

TITLE II--INTERIOR ENFORCEMENT

SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

(a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C.
1158(b)(2)(A)(v)) is amended by striking ``or (VI)'' and
inserting ``(V), (VI), (VII), or (VIII)''.
(b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
1229c(b)(1)(C)) is amended by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)'' and
inserting ``described in paragraph (2)(A)(iii) or (4) of
section 237(a)''.
(d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv) by striking the period at the end and
inserting ``; or'';
(3) by inserting after clause (iv) the following:
``(v) the alien is described in section 237(a)(4)(B) (other
than an alien described in section 212(a)(3)(B)(i)(IV) if the
Secretary of Homeland Security determines that there are not
reasonable grounds for regarding the alien as a danger to the
security of the United States).''; and
(4) in the undesignated paragraph, by striking ``For
purposes of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect
to whom there are reasonable grounds for regarding as a
danger to the security of the United States.''.
(e) Record of Admission.--Section 249 (8 U.S.C. 1259) is
amended to read as follows:

``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN
THE CASE OF CERTAIN ALIENS WHO ENTERED THE
UNITED STATES PRIOR TO JANUARY 1, 1972.

``A record of lawful admission for permanent residence may
be made, in the discretion of the Secretary of Homeland
Security and under such regulations as the Secretary may
prescribe, for any alien, as of the date of the approval of
the alien's application or, if entry occurred before July 1,
1924, as of the date of such entry if no such record is
otherwise available, if the alien establishes that the
alien--
``(1) is not described in section 212(a)(3)(E) or in
section 212(a) (insofar as it relates to criminals,
procurers, other immoral persons, subversives, violators of
the narcotics laws, or smugglers of aliens);
``(2) entered the United States before January 1, 1972;
``(3) has resided in the United States continuously since
such entry;
``(4) is a person of good moral character;
``(5) is not ineligible for citizenship; and
``(6) is not described in section 237(a)(4)(B).''.
(f) Effective Date and Application.--The amendments made by
this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any act or condition constituting a ground for
inadmissibility, excludability, or removal occurring or
existing on or after the date of the enactment of this Act.

SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

(a) In General.--
(1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(A) by striking ``Attorney General'' the first place it
appears and inserting ``Secretary of Homeland Security'';
(B) by striking ``Attorney General'' any other place it
appears and inserting ``Secretary'';
(C) in paragraph (1)--
(i) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien,
the expiration date of the stay of removal.'';
(ii) by amending subparagraph (C) to read as follows:
``(C) Extension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien fails
or refuses to--
``(i) make all reasonable efforts to comply with the
removal order; or
``(ii) fully cooperate with the Secretary's efforts to
establish the alien's identity and carry out the removal
order, including failing to make timely application in good
faith for travel or other documents necessary to the alien's
departure, or conspiring or acting to prevent the alien's
removal.''; and
(iii) by adding at the end the following:
``(D) Tolling of period.--If, at the time described in
subparagraph (B), the alien is not in the custody of the
Secretary under the authority of this Act, the removal period
shall not begin until the alien is taken into such custody.
If the Secretary lawfully transfers custody of the alien
during the removal period to another Federal agency or to a
State or local government agency in connection with the
official duties of such agency, the removal period shall be
tolled, and shall recommence on the date on which the alien
is returned to the custody of the Secretary.'';
(D) in paragraph (2), by adding at the end the following:
``If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administrative final order of removal, the
Secretary, in the exercise of discretion, may detain the
alien during the pendency of such stay of removal.'';
(E) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or to perform affirmative acts, that
the Secretary prescribes for the alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community; or
``(iii) for other purposes related to the enforcement of
the immigration laws.'';
(F) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary, without any limitations other than those
specified in this section, until the alien is removed. If an
alien is released, the alien'';
(G) by redesignating paragraph (7) as paragraph (10); and
(H) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
the alien's parole or the alien's removal becomes reasonably
foreseeable, provided that in no circumstance shall such
alien be considered admitted.
``(8) Additional rules for detention or release of
aliens.--The following procedures shall apply to an alien
detained under this section:
``(A) Detention review process for aliens who have effected
an entry and fully cooperate with removal.--The Secretary of
Homeland Security shall establish an administrative review
process to determine whether an alien described in
subparagraph (B) should be detained or released after the
removal period in accordance with this paragraph.

[[Page S9921]]

``(B) Alien described.--An alien is described in this
subparagraph if the alien--
``(i) has effected an entry into the United States;
``(ii) has made all reasonable efforts to comply with the
alien's removal order;
``(iii) has cooperated fully with the Secretary's efforts
to establish the alien's identity and to carry out the
removal order, including making timely application in good
faith for travel or other documents necessary for the alien's
departure; and
``(iv) has not conspired or acted to prevent removal.
``(C) Evidence.--In making a determination under
subparagraph (A), the Secretary--
``(i) shall consider any evidence submitted by the alien;
``(ii) may consider any other evidence, including--

``(I) any information or assistance provided by the
Department of State or other Federal agency; and
``(II) any other information available to the Secretary
pertaining to the ability to remove the alien.

``(D) Authority to detain for 90 days beyond removal
period.--The Secretary, in the exercise of the Secretary's
discretion and without any limitations other than those
specified in this section, may detain an alien for 90 days
beyond the removal period (including any extension of the
removal period under paragraph (1)(C)).
``(E) Authority to detain for additional period.--The
Secretary, in the exercise of the Secretary's discretion and
without any limitations other than those specified in this
section, may detain an alien beyond the 90-day period
authorized under subparagraph (D) until the alien is removed,
if the Secretary--
``(i) determines that there is a significant likelihood
that the alien will be removed in the reasonably foreseeable
future; or
``(ii) certifies in writing--

``(I) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(II) after receipt of a written recommendation from the
Secretary of State, that the release of the alien would
likely have serious adverse foreign policy consequences for
the United States;
``(III) based on information available to the Secretary
(including classified, sensitive, or national security
information, and regardless of the grounds upon which the
alien was ordered removed), that there is reason to believe
that the release of the alien would threaten the national
security of the United States;
``(IV) that--

``(aa) the release of the alien would threaten the safety
of the community or any person, and conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person; and
``(bb) the alien--
``(AA) has been convicted of 1 or more aggravated felonies
(as defined in section 101(a)(43)(A)), or of 1 or more
attempts or conspiracies to commit any such aggravated
felonies for an aggregate term of imprisonment of at least 5
years; or
``(BB) has committed a crime of violence (as defined in
section 16 of title 18, United States Code, but not including
a purely political offense) and, because of a mental
condition or personality disorder and behavior associated
with that condition or disorder, is likely to engage in acts
of violence in the future; or

``(V) that--

``(aa) the release of the alien would threaten the safety
of the community or any person, notwithstanding conditions of
release designed to ensure the safety of the community or any
person; and
``(bb) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)) for which the
alien was sentenced to an aggregate term of imprisonment of
not less than 1 year.
``(F) Administrative review process.--The Secretary,
without any limitations other than those specified in this
section, may detain an alien pending a determination under
subparagraph (E)(ii), if the Secretary has initiated the
administrative review process identified in subparagraph (A)
not later than 30 days after the expiration of the removal
period (including any extension of the removal period under
paragraph (1)(C)).
``(G) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a certification
under subparagraph (E)(ii) every 6 months, without
limitation, after providing the alien with an opportunity to
request reconsideration of the certification and to submit
documents or other evidence in support of that request. If
the Secretary does not renew such certification, the
Secretary shall release the alien, pursuant to subparagraph
(H).
``(ii) Delegation.--Notwithstanding any other provision of
law, the Secretary may not delegate the authority to make or
renew a certification described in subclause (II), (III), or
(V) of subparagraph (E)(ii) to any employee reporting to the
Assistant Secretary for Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary may request that the
Attorney General, or a designee of the Attorney General,
provide for a hearing to make the determination described in
subparagraph (E)(ii)(IV)(bb)(BB).
``(H) Release on conditions.--If it is determined that an
alien should be released from detention, the Secretary may,
in the Secretary's discretion, impose conditions on release
in accordance with the regulations prescribed pursuant to
paragraph (3).
``(I) Redetention.--The Secretary, without any limitations
other than those specified in this section, may detain any
alien subject to a final removal order who has previously
been released from custody if--
``(i) the alien fails to comply with the conditions of
release;
``(ii) the alien fails to continue to satisfy the
conditions described in subparagraph (B); or
``(iii) upon reconsideration, the Secretary determines that
the alien can be detained under subparagraph (E).
``(J) Applicability.--This paragraph and paragraphs (6) and
(7) shall apply to any alien returned to custody under
subparagraph (I) as if the removal period terminated on the
day of the redetention.
``(K) Detention review process for aliens who have effected
an entry and fail to cooperate with removal.--The Secretary
shall detain an alien until the alien makes all reasonable
efforts to comply with a removal order and to cooperate fully
with the Secretary's efforts, if the alien--
``(i) has effected an entry into the United States; and
``(ii)(I) and the alien faces a significant likelihood that
the alien will be removed in the reasonably foreseeable
future, or would have been removed if the alien had not--

``(aa) failed or refused to make all reasonable efforts to
comply with a removal order;
``(bb) failed or refused to fully cooperate with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including the failure to make
timely application in good faith for travel or other
documents necessary to the alien's departure; or
``(cc) conspired or acted to prevent removal; or

``(II) the Secretary makes a certification as specified in
subparagraph (E), or the renewal of a certification specified
in subparagraph (G).
``(L) Detention review process for aliens who have not
effected an entry.--Except as otherwise provided in this
subparagraph, the Secretary shall follow the guidelines
established in section 241.4 of title 8, Code of Federal
Regulations, when detaining aliens who have not effected an
entry. The Secretary may decide to apply the review process
outlined in this paragraph.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding brought in a United
States district court and only if the alien has exhausted all
administrative remedies (statutory and nonstatutory)
available to the alien as of right.''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date of the enactment of this
Act; and
(B) shall apply to--
(i) any alien subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(ii) any act or condition occurring or existing before, on,
or after the date of the enactment of this Act.
(b) Criminal Detention of Aliens.--Section 3142 of title
18, United States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by inserting ``(1)'' before ``If, after a hearing'';
(C) in subparagraphs (B) and (C), as redesignated, by
striking ``paragraph (1)'' and inserting ``subparagraph
(A)''; and
(D) by adding after subparagraph (C), as redesignated, the
following:
``(2) Subject to rebuttal by the person, it shall be
presumed that no condition or combination of conditions will
reasonably assure the appearance of the person as required if
the judicial officer finds that there is probable cause to
believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under section 911,
922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter
75 or 77 of this title, or section 243, 274, 275, 276, 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253,
1324, 1325, 1326, 2327, and 1328).''; and
(2) in subsection (g)(3)--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(C) the person's immigration status; and''.

SEC. 203. AGGRAVATED FELONY.

(a) Definition of Aggravated Felony.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law
(except for the provision providing an effective date for
section 203 of the Comprehensive Immigration Reform Act of
2006), the term `aggravated felony' applies to an offense
described in this paragraph, whether in violation of Federal
or State law and to such an offense in violation of the law
of a foreign country,

[[Page S9922]]

for which the term of imprisonment was completed within the
previous 15 years, even if the length of the term of
imprisonment is based on recidivist or other enhancements and
regardless of whether the conviction was entered before, on,
or after September 30, 1996, and means--'';
(2) in subparagraph (A), by striking ``murder, rape, or
sexual abuse of a minor;'' and inserting ``murder, rape, or
sexual abuse of a minor, whether or not the minority of the
victim is established by evidence contained in the record of
conviction or by evidence extrinsic to the record of
conviction;'';
(3) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'';
(4) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275
or 276 for which the term of imprisonment is at least 1
year'';
(5) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``aiding or abetting an offense described in
this paragraph, or soliciting, counseling, procuring,
commanding, or inducing another, attempting, or conspiring to
commit such an offense''; and
(6) by striking the undesignated matter following
subparagraph (U).
(b) Effective Date and Application.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply to any act that occurred on or after the date of
the enactment of this Act.
(2) Application of iiraira amendments.--The amendments to
section 101(a)(43) of the Immigration and Nationality Act
made by section 321 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-627) shall continue to apply,
whether the conviction was entered before, on, or after
September 30, 1996.

SEC. 204. TERRORIST BARS.

(a) Definition of Good Moral Character.--Section 101(f) (8
U.S.C. 1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or
Attorney General based upon any relevant information or
evidence, including classified, sensitive, or national
security information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following: ``,
regardless of whether the crime was defined as an aggravated
felony under subsection (a)(43) at the time of the
conviction, unless--
``(A) the person completed the term of imprisonment and
sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the Attorney
General waives the application of this paragraph; or''; and
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character'' and inserting the
following: ``a discretionary finding for other reasons that
such a person is or was not of good moral character. In
determining an applicant's moral character, the Secretary of
Homeland Security and the Attorney General may take into
consideration the applicant's conduct and acts at any time
and are not limited to the period during which good moral
character is required.''.
(b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b))
is amended by adding at the end the following: ``A petition
may not be approved under this section if there is any
administrative or judicial proceeding (whether civil or
criminal) pending against the petitioner that could directly
or indirectly result in the petitioner's denaturalization or
the loss of the petitioner's lawful permanent resident
status.''.
(c) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien has had the conditional
basis removed pursuant to this section'' before the period at
the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien has had the
conditional basis removed pursuant to this section'' before
the period at the end.
(d) Judicial Review of Naturalization Applications.--
Section 310(c) (8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and
(2) by adding at the end the following: ``Except that in
any proceeding, other than a proceeding under section 340,
the court shall review for substantial evidence the
administrative record and findings of the Secretary of
Homeland Security regarding whether an alien is a person of
good moral character, understands and is attached to the
principles of the Constitution of the United States, or is
well disposed to the good order and happiness of the United
States. The petitioner shall have the burden of showing that
the Secretary's denial of the application was contrary to
law.''.
(e) Persons Endangering National Security.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person
may not be naturalized if the Secretary of Homeland Security
determines, based upon any relevant information or evidence,
including classified, sensitive, or national security
information, that the person was once an alien described in
section 212(a)(3) or 237(a)(4).''.
(f) Concurrent Naturalization and Removal Proceedings.--
Section 318 (8 U.S.C. 1429) is amended by striking ``the
Attorney General if'' and all that follows and inserting:
``the Secretary of Homeland Security or any court if there is
pending against the applicant any removal proceeding or other
proceeding to determine the applicant's inadmissibility or
deportability, or to determine whether the applicant's lawful
permanent resident status should be rescinded, regardless of
when such proceeding was commenced. The findings of the
Attorney General in terminating removal proceedings or
canceling the removal of an alien under this Act shall not be
deemed binding in any way upon the Secretary of Homeland
Security with respect to the question of whether such person
has established eligibility for naturalization in accordance
with this title.''.
(g) District Court Jurisdiction.--Section 336(b) (8 U.S.C.
1447(b)) is amended to read as follows:
``(b) Request for Hearing Before District Court.--If there
is a failure to render a final administrative decision under
section 335 before the end of the 180-day period beginning on
the date on which the Secretary of Homeland Security
completes all examinations and interviews required under such
section, the applicant may apply to the district court for
the district in which the applicant resides for a hearing on
the matter. The Secretary shall notify the applicant when
such examinations and interviews have been completed. Such
district court shall only have jurisdiction to review the
basis for delay and remand the matter, with appropriate
instructions, to the Secretary for the Secretary's
determination on the application.''.
(h) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to any act that occurred on or after such
date of enactment.

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG
VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.

(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (J);
and
(B) by inserting after subparagraph (E) the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who a
consular officer, the Attorney General, or the Secretary of
Homeland Security knows or has reason to believe--
``(i) is, or has been, a member of a criminal street gang
(as defined in section 521(a) of title 18, United States
Code); or
``(ii) has participated in the activities of a criminal
street gang, knowing or having reason to know that such
activities promoted, furthered, aided, or supported the
illegal activity of the criminal gang,

is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who the
Secretary of Homeland Security or the Attorney General knows
or has reason to believe--
``(i) is, or at any time after admission has been, a member
of a criminal street gang (as defined in section 521(a) of
title 18, United States Code); or
``(ii) has participated in the activities of a criminal
street gang, knowing or having reason to know that such
activities promoted, furthered, aided, or supported the
illegal activity of the criminal gang,

is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(B) in subsection (b)(3)--
(i) in subparagraph (B), by striking the last sentence and
inserting the following: ``Notwithstanding any other
provision of this section, the Secretary of Homeland Security
may, for any reason (including national security), terminate
or modify any designation under this section. Such
termination or modification is effective upon publication in
the Federal Register, or after such time as the Secretary may
designate in the Federal Register.'';
(ii) in subparagraph (C), by striking ``a period of 12 or
18 months'' and inserting ``any other period not to exceed 18
months'';
(C) in subsection (c)--
(i) in paragraph (1)(B), by striking ``The amount of any
such fee shall not exceed $50.'';
(ii) in paragraph (2)(B)--

(I) in clause (i), by striking ``, or'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the following:

``(iii) the alien is, or at any time after admission has
been, a member of a criminal

[[Page S9923]]

street gang (as defined in section 521(a) of title 18, United
States Code).''; and
(D) in subsection (d)--
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end the following:
``The Secretary of Homeland Security may detain an alien
provided temporary protected status under this section
whenever appropriate under any other provision of law.''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C.
1253) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``212(a) or'' after ``section''; and
(B) in the matter following subparagraph (D)--
(i) by striking ``or imprisoned not more than four years''
and inserting ``and imprisoned for not less than 6 months or
more than 5 years''; and
(ii) by striking ``, or both'';
(2) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and
inserting ``under title 18, United States Code, and
imprisoned for not less than 6 months or more than 5 years
(or for not more than 10 years if the alien is a member of
any of the classes described in paragraphs (1)(E), (2), (3),
and (4) of section 237(a)).''; and
(3) by amending subsection (d) to read as follows:
``(d) Denying Visas to Nationals of Country Denying or
Delaying Accepting Alien.--The Secretary of Homeland
Security, after making a determination that the government of
a foreign country has denied or unreasonably delayed
accepting an alien who is a citizen, subject, national, or
resident of that country after the alien has been ordered
removed, and after consultation with the Secretary of State,
may instruct the Secretary of State to deny a visa to any
citizen, subject, national, or resident of that country until
the country accepts the alien that was ordered removed.''.
(c) Alien Smuggling and Related Offenses.--
(1) In general.--Section 274 (8 U.S.C. 1324), is amended to
read as follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

``(a) Criminal Offenses and Penalties.--
``(1) Prohibited activities.--Except as provided in
paragraph (3), a person shall be punished as provided under
paragraph (2), if the person--
``(A) facilitates, encourages, directs, or induces a person
to come to or enter the United States, or to cross the border
to the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to come to, enter, or cross the border to the United States;
``(B) facilitates, encourages, directs, or induces a person
to come to or enter the United States, or to cross the border
to the United States, at a place other than a designated port
of entry or place other than as designated by the Secretary
of Homeland Security, knowing or in reckless disregard of the
fact that such person is an alien and regardless of whether
such alien has official permission or lawful authority to be
in the United States;
``(C) transports, moves, harbors, conceals, or shields from
detection a person outside of the United States knowing or in
reckless disregard of the fact that such person is an alien
in unlawful transit from 1 country to another or on the high
seas, under circumstances in which the alien is seeking to
enter the United States without official permission or legal
authority;
``(D) encourages or induces a person to reside in the
United States, knowing or in reckless disregard of the fact
that such person is an alien who lacks lawful authority to
reside in the United States;
``(E) transports or moves a person in the United States,
knowing or in reckless disregard of the fact that such person
is an alien who lacks lawful authority to enter or be in the
United States, if the transportation or movement will further
the alien's illegal entry into or illegal presence in the
United States;
``(F) harbors, conceals, or shields from detection a person
in the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to be in the United States; or
``(G) conspires or attempts to commit any of the acts
described in subparagraphs (A) through (F).
``(2) Criminal penalties.--A person who violates any
provision under paragraph (1)--
``(A) except as provided in subparagraphs (C) through (G),
if the offense was not committed for commercial advantage,
profit, or private financial gain, shall be fined under title
18, United States Code, imprisoned for not more than 5 years,
or both;
``(B) except as provided in subparagraphs (C) through (G),
if the offense was committed for commercial advantage,
profit, or private financial gain--
``(i) if the violation is the offender's first violation
under this subparagraph, shall be fined under such title,
imprisoned for not more than 20 years, or both; or
``(ii) if the violation is the offender's second or
subsequent violation of this subparagraph, shall be fined
under such title, imprisoned for not less than 3 years or
more than 20 years, or both;
``(C) if the offense furthered or aided the commission of
any other offense against the United States or any State that
is punishable by imprisonment for more than 1 year, shall be
fined under such title, imprisoned for not less than 5 years
or more than 20 years, or both;
``(D) shall be fined under such title, imprisoned not less
than 5 years or more than 20 years, or both, if the offense
created a substantial and foreseeable risk of death, a
substantial and foreseeable risk of serious bodily injury (as
defined in section 2119(2) of title 18, United States Code),
or inhumane conditions to another person, including--
``(i) transporting the person in an engine compartment,
storage compartment, or other confined space;
``(ii) transporting the person at an excessive speed or in
excess of the rated capacity of the means of transportation;
or
``(iii) transporting the person in, harboring the person
in, or otherwise subjecting the person to crowded or
dangerous conditions;
``(E) if the offense caused serious bodily injury (as
defined in section 2119(2) of title 18, United States Code)
to any person, shall be fined under such title, imprisoned
for not less than 7 years or more than 30 years, or both;
``(F) shall be fined under such title and imprisoned for
not less than 10 years or more than 30 years if the offense
involved an alien who the offender knew or had reason to
believe was--
``(i) engaged in terrorist activity (as defined in section
212(a)(3)(B)); or
``(ii) intending to engage in terrorist activity;
``(G) if the offense caused or resulted in the death of any
person, shall be punished by death or imprisoned for a term
of years not less than 10 years and up to life, and fined
under title 18, United States Code.
``(3) Limitation.--It is not a violation of subparagraph
(D), (E), or (F) of paragraph (1)--
``(A) for a religious denomination having a bona fide
nonprofit, religious organization in the United States, or
the agents or officers of such denomination or organization,
to encourage, invite, call, allow, or enable an alien who is
present in the United States to perform the vocation of a
minister or missionary for the denomination or organization
in the United States as a volunteer who is not compensated as
an employee, notwithstanding the provision of room, board,
travel, medical assistance, and other basic living expenses,
provided the minister or missionary has been a member of the
denomination for at least 1 year; or
``(B) for an individual or organization, not previously
convicted of a violation of this section, to provide an alien
who is present in the United States with humanitarian
assistance, including medical care, housing, counseling,
victim services, and food, or to transport the alien to a
location where such assistance can be rendered.
``(4) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Employment of Unauthorized Aliens.--
``(1) Criminal offense and penalties.--Any person who,
during any 12-month period, knowingly employs 10 or more
individuals with actual knowledge or in reckless disregard of
the fact that the individuals are aliens described in
paragraph (2), shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or both.
``(2) Definition.--An alien described in this paragraph is
an alien who--
``(A) is an unauthorized alien (as defined in section
274A(i));
``(B) is present in the United States without lawful
authority; and
``(C) has been brought into the United States in violation
of this subsection.
``(c) Seizure and Forfeiture.--
``(1) In general.--Any real or personal property used to
commit or facilitate the commission of a violation of this
section, the gross proceeds of such violation, and any
property traceable to such property or proceeds, shall be
subject to forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents,
and other persons as may be designated for that purpose by
the Secretary of Homeland Security.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, prima facie evidence that an alien involved
in the alleged violation lacks lawful authority to come to,
enter, reside in, remain in, or be in the United States or
that such alien had come to, entered, resided in, remained
in, or been present in the United States in violation of law
shall include--
``(A) any order, finding, or determination concerning the
alien's status or lack of status made by a Federal judge or
administrative adjudicator (including an immigration judge or
immigration officer) during any judicial or administrative
proceeding authorized under Federal immigration law;
``(B) official records of the Department of Homeland
Security, the Department of Justice, or the Department of
State concerning the alien's status or lack of status; and

[[Page S9924]]

``(C) testimony by an immigration officer having personal
knowledge of the facts concerning the alien's status or lack
of status.
``(d) Authority To Arrest.--No officer or person shall have
authority to make any arrests for a violation of any
provision of this section except--
``(1) officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a
class; and
``(2) other officers responsible for the enforcement of
Federal criminal laws.
``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped or otherwise audiovisually preserved
deposition of a witness to a violation of subsection (a) who
has been deported or otherwise expelled from the United
States, or is otherwise unavailable to testify, may be
admitted into evidence in an action brought for that
violation if--
``(1) the witness was available for cross examination at
the deposition by the party, if any, opposing admission of
the testimony; and
``(2) the deposition otherwise complies with the Federal
Rules of Evidence.
``(f) Outreach Program.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, as appropriate, shall--
``(A) develop and implement an outreach program to educate
people in and out of the United States about the penalties
for bringing in and harboring aliens in violation of this
section; and
``(B) establish the American Local and Interior Enforcement
Needs (ALIEN) Task Force to identify and respond to the use
of Federal, State, and local transportation infrastructure to
further the trafficking of unlawful aliens within the United
States.
``(2) Field offices.--The Secretary of Homeland Security,
after consulting with State and local government officials,
shall establish such field offices as may be necessary to
carry out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums are necessary for the
fiscal years 2007 through 2011 to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Crossed the border into the united states.--An alien
is deemed to have crossed the border into the United States
regardless of whether the alien is free from official
restraint.
``(2) Lawful authority.--The term `lawful authority' means
permission, authorization, or license that is expressly
provided for in the immigration laws of the United States or
accompanying regulations. The term does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority sought, but not approved. No alien shall
be deemed to have lawful authority to come to, enter, reside
in, remain in, or be in the United States if such coming to,
entry, residence, remaining, or presence was, is, or would be
in violation of law.
``(3) Proceeds.--The term `proceeds' includes any property
or interest in property obtained or retained as a consequence
of an act or omission in violation of this section.
``(4) Unlawful transit.--The term `unlawful transit' means
travel, movement, or temporary presence that violates the
laws of any country in which the alien is present or any
country from which the alien is traveling or moving.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 274 and inserting
the following:

``Sec. 274. Alien smuggling and related offenses''.
(d) Prohibiting Carrying or Using a Firearm During and in
Relation to an Alien Smuggling Crime.--Section 924(c) of
title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``any crime of violence'';
(B) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``such crime of violence'';
(C) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.

SEC. 206. ILLEGAL ENTRY.

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

``SEC. 275. ILLEGAL ENTRY.

``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into the
United States at any time or place other than as designated
by the Secretary of Homeland Security;
``(B) knowingly eludes examination or inspection by an
immigration officer (including failing to stop at the command
of such officer), or a customs or agriculture inspection at a
port of entry; or
``(C) knowingly enters or crosses the border to the United
States by means of a knowingly false or misleading
representation or the knowing concealment of a material fact
(including such representation or concealment in the context
of arrival, reporting, entry, or clearance requirements of
the customs laws, immigration laws, agriculture laws, or
shipping laws).
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 6 months, or
both;
``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 2 years, or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors or for a felony, shall be
fined under such title, imprisoned not more than 10 years, or
both;
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 30 months, shall be fined under
such title, imprisoned not more than 15 years, or both; and
``(E) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 60 months, such alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are
elements of the offenses described in that paragraph and the
penalties in such subparagraphs shall apply only in cases in
which the conviction or convictions that form the basis for
the additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration officer.
``(5) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as
for a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--
``(1) In general.--Any alien who is apprehended while
entering, attempting to enter, or knowingly crossing or
attempting to cross the border to the United States at a time
or place other than as designated by immigration officers
shall be subject to a civil penalty, in addition to any
criminal or other civil penalties that may be imposed under
any other provision of law, in an amount equal to--
``(A) not less than $50 or more than $250 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(B) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under
this subsection.
``(2) Crossed the border defined.--In this section, an
alien is deemed to have crossed the border if the act was
voluntary, regardless of whether the alien was under
observation at the time of the crossing.''.
(b) Clerical Amendment.--The table of contents is amended
by striking the item relating to section 275 and inserting
the following:

``Sec. 275. Illegal entry''.

SEC. 207. ILLEGAL REENTRY.

Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has
departed the United States while an order of exclusion,
deportation, or removal is outstanding, and subsequently
enters, attempts to enter, crosses the border to, attempts to
cross the border to, or is at any time found in the United
States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the
penalty provided in subsection (a), if an alien described in
that subsection--
``(1) was convicted for 3 or more misdemeanors or a felony
before such removal or departure, the alien shall be fined
under title 18, United States Code, imprisoned not more than
10 years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, imprisoned not more than 15 years, or
both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both;
``(4) was convicted for 3 felonies before such removal or
departure, the alien shall be fined under such title,
imprisoned not more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnaping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B
(relating to terrorism) of such title, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(c) Reentry After Repeated Removal.--Any alien who has
been denied admission, excluded, deported, or removed 3 or
more times and thereafter enters, attempts to enter, crosses
the border to, attempts to cross the border to, or is at any
time found in the United States, shall be fined under

[[Page S9925]]

title 18, United States Code, imprisoned not more than 10
years, or both.
``(d) Proof of Prior Convictions.--The prior convictions
described in subsection (b) are elements of the crimes
described in that subsection, and the penalties in that
subsection shall apply only in cases in which the conviction
or convictions that form the basis for the additional penalty
are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative
defense to a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance consent under
the Immigration and Nationality Act or any prior Act; and
``(B) had complied with all other laws and regulations
governing the alien's admission into the United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien
may not challenge the validity of any prior removal order
concerning the alien unless the alien demonstrates by clear
and convincing evidence that--
``(1) the alien exhausted all administrative remedies that
may have been available to seek relief against the order;
``(2) the removal proceedings at which the order was issued
improperly deprived the alien of the opportunity for judicial
review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term
of Imprisonment.--Any alien removed pursuant to section
241(a)(4) who enters, attempts to enter, crosses the border
to, attempts to cross the border to, or is at any time found
in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time
of deportation without any reduction for parole or supervised
release unless the alien affirmatively demonstrates that the
Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other
penalties relating to the reentry of removed aliens as may be
available under this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a
violation of this section for an individual to provide an
alien with emergency humanitarian assistance, including
emergency medical care and food, or to transport the alien to
a location where such assistance can be rendered without
compensation or the expectation of compensation.
``(i) Definitions.--In this section:
``(1) Crosses the border.--The term `crosses the border'
applies if an alien acts voluntarily, regardless of whether
the alien was under observation at the time of the crossing.
``(2) Felony.--Term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any
agreement by which an alien stipulates or agrees to
exclusion, deportation, or removal.
``(5) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.

SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD
OFFENSES.

(a) Passport, Visa, and Immigration Fraud.--
(1) In general.--Chapter 75 of title 18, United States
Code, is amended to read as follows:

``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

``Sec
``1541. Trafficking in passports
``1542. False statement in an application for a passport
``1543. Forgery and unlawful production of a passport
``1544. Misuse of a passport
``1545. Schemes to defraud aliens
``1546. Immigration and visa fraud
``1547. Marriage fraud
``1548. Attempts and conspiracies
``1549. Alternative penalties for certain offenses
``1550. Seizure and forfeiture
``1551. Additional jurisdiction
``1552. Additional venue
``1553. Definitions
``1554. Authorized law enforcement activities
``1555. Exception for refugees and asylees

``Sec. 1541. Trafficking in passports

``(a) Multiple Passports.--Any person who, during any 3-
year period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport
(including any supporting documentation), knowing the
applications to contain any false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(b) Passport Materials.--Any person who knowingly and
without lawful authority produces, counterfeits, secures,
possesses, or uses any official paper, seal, hologram, image,
text, symbol, stamp, engraving, plate, or other material used
to make a passport shall be fined under this title,
imprisoned not more than 20 years, or both.

``Sec. 1542. False statement in an application for a passport

``Any person who knowingly--
``(1) makes any false statement or representation in an
application for a United States passport (including any
supporting documentation);
``(2) completes, mails, prepares, presents, signs, or
submits an application for a United States passport
(including any supporting documentation) knowing the
application to contain any false statement or representation;
or
``(3) causes or attempts to cause the production of a
passport by means of any fraud or false application for a
United States passport (including any supporting
documentation), if such production occurs or would occur at a
facility authorized by the Secretary of State for the
production of passports,

shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1543. Forgery and unlawful production of a passport

``(a) Forgery.--Any person who--
``(1) knowingly forges, counterfeits, alters, or falsely
makes any passport; or
``(2) knowingly transfers any passport knowing it to be
forged, counterfeited, altered, falsely made, stolen, or to
have been produced or issued without lawful authority,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Unlawful Production.--Any person who knowingly and
without lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person not owing allegiance to
the United States; or
``(3) transfers or furnishes a passport to a person for use
when such person is not the person for whom the passport was
issued or designed,

shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1544. Misuse of a passport

``(a) In General.--Any person who--
``(1) knowingly uses any passport issued or designed for
the use of another;
``(2) knowingly uses any passport in violation of the
conditions or restrictions therein contained, or in violation
of the laws, regulations, or rules governing the issuance and
use of the passport;
``(3) knowingly secures, possesses, uses, receives, buys,
sells, or distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) knowingly violates the terms and conditions of any
safe conduct duly obtained and issued under the authority of
the United States,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Entry; Fraud.--Any person who knowingly uses any
passport, knowing the passport to be forged, counterfeited,
altered, falsely made, procured by fraud, produced or issued
without lawful authority, or issued or designed for the use
of another--
``(1) to enter or to attempt to enter the United States; or
``(2) to defraud the United States, a State, or a political
subdivision of a State,

shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1545. Schemes to defraud aliens

``(a) In General.--Any person who knowingly executes a
scheme or artifice, in connection with any matter that is
authorized by or arises under Federal immigration laws, or
any matter the offender claims or represents is authorized by
or arises under Federal immigration laws--
``(1) to defraud any person, or
``(2) to obtain or receive from any person, by means of
false or fraudulent pretenses, representations, promises,
money or anything else of value,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Misrepresentation.--Any person who knowingly and
falsely represents himself to be an attorney in any matter
arising under Federal immigration laws shall be fined under
this title, imprisoned not more than 15 years, or both.

``Sec. 1546. Immigration and visa fraud

``(a) In General.--Any person who knowingly--

[[Page S9926]]

``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to
be forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes an immigration document to a
person without lawful authority for use if such person is not
the person for whom the immigration document was issued or
designed,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Multiple Violations.--Any person who, during any 3-
year period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen,
falsely made, procured by fraud, or produced or issued
without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the
documents to contain any materially false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Immigration Document Materials.--Any person who
knowingly and without lawful authority produces,
counterfeits, secures, possesses, or uses any official paper,
seal, hologram, image, text, symbol, stamp, engraving, plate,
or other material, used to make an immigration document shall
be fined under this title, imprisoned not more than 20 years,
or both.

``Sec. 1547. Marriage fraud

``(a) Evasion or Misrepresentation.--Any person who--
``(1) knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws; or
``(2) knowingly misrepresents the existence or
circumstances of a marriage--
``(A) in an application or document authorized by the
immigration laws; or
``(B) during any immigration proceeding conducted by an
administrative adjudicator (including an immigration officer
or examiner, a consular officer, an immigration judge, or a
member of the Board of Immigration Appeals),

shall be fined under this title, imprisoned not more than 10
years, or both.
``(b) Multiple Marriages.--Any person who--
``(1) knowingly enters into 2 or more marriages for the
purpose of evading any immigration law; or
``(2) knowingly arranges, supports, or facilitates 2 or
more marriages designed or intended to evade any immigration
law,
shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Commercial Enterprise.--Any person who knowingly
establishes a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be fined
under this title, imprisoned for not more than 10 years, or
both.
``(d) Duration of Offense.--
``(1) In general.--An offense under subsection (a) or (b)
continues until the fraudulent nature of the marriage or
marriages is discovered by an immigration officer.
``(2) Commercial enterprise.--An offense under subsection
(c) continues until the fraudulent nature of commercial
enterprise is discovered by an immigration officer or other
law enforcement officer.

``Sec. 1548. Attempts and conspiracies

``Any person who attempts or conspires to violate any
section of this chapter shall be punished in the same manner
as a person who completed a violation of that section.

``Sec. 1549. Alternative penalties for certain offenses

``(a) Terrorism.--Any person who violates any section of
this chapter--
``(1) knowing that such violation will facilitate an act of
international terrorism or domestic terrorism (as those terms
are defined in section 2331); or
``(2) with the intent to facilitate an act of international
terrorism or domestic terrorism,

shall be fined under this title, imprisoned not more than 25
years, or both.
``(b) Offense Against Government.--Any person who violates
any section of this chapter--
``(1) knowing that such violation will facilitate the
commission of any offense against the United States (other
than an offense in this chapter) or against any State, which
offense is punishable by imprisonment for more than 1 year;
or
``(2) with the intent to facilitate the commission of any
offense against the United States (other than an offense in
this chapter) or against any State, which offense is
punishable by imprisonment for more than 1 year,

shall be fined under this title, imprisoned not more than 20
years, or both.

``Sec. 1550. Seizure and forfeiture

``(a) Forfeiture.--Any property, real or personal, used to
commit or facilitate the commission of a violation of any
section of this chapter, the gross proceeds of such
violation, and any property traceable to such property or
proceeds, shall be subject to forfeiture.
``(b) Applicable Law.--Seizures and forfeitures under this
section shall be governed by the provisions of chapter 46
relating to civil forfeitures, except that such duties as are
imposed upon the Secretary of the Treasury under the customs
laws described in section 981(d) shall be performed by such
officers, agents, and other persons as may be designated for
that purpose by the Secretary of Homeland Security, the
Secretary of State, or the Attorney General.

``Sec. 1551. Additional jurisdiction

``(a) In General.--Any person who commits an offense under
this chapter within the special maritime and territorial
jurisdiction of the United States shall be punished as
provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who
commits an offense under this chapter outside the United
States shall be punished as provided under this chapter if--
``(1) the offense involves a United States immigration
document (or any document purporting to be such a document)
or any matter, right, or benefit arising under or authorized
by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a
drug trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.

``Sec. 1552. Additional venue

``(a) In General.--An offense under section 1542 may be
prosecuted in--
``(1) any district in which the false statement or
representation was made;
``(2) any district in which the passport application was
prepared, submitted, mailed, received, processed, or
adjudicated; or
``(3) in the case of an application prepared and
adjudicated outside the United States, in the district in
which the resultant passport was produced.
``(b) Savings Clause.--Nothing in this section limits the
venue otherwise available under sections 3237 and 3238.

``Sec. 1553. Definitions

``As used in this chapter:
``(1) The term `falsely make' means to prepare or complete
an immigration document with knowledge or in reckless
disregard of the fact that the document--
``(A) contains a statement or representation that is false,
fictitious, or fraudulent;
``(B) has no basis in fact or law; or
``(C) otherwise fails to state a fact which is material to
the purpose for which the document was created, designed, or
submitted.
``(2) The term a `false statement or representation'
includes a personation or an omission.
``(3) The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(4) The term `immigration document'--
``(A) means--
``(i) any passport or visa; or
``(ii) any application, petition, affidavit, declaration,
attestation, form, identification card, alien registration
document, employment authorization document, border crossing
card, certificate, permit, order, license, stamp,
authorization, grant of authority, or other evidentiary
document, arising under or authorized by the immigration laws
of the United States; and
``(B) includes any document, photograph, or other piece of
evidence attached to or submitted in support of an
immigration document.
``(5) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the authority of any
law described in paragraphs (1) and (2).
``(6) The term `immigration proceeding' includes an
adjudication, interview, hearing, or review.
``(7) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(8) The term `passport' means a travel document attesting
to the identity and nationality of the bearer that is issued
under the authority of the Secretary of State, a

[[Page S9927]]

foreign government, or an international organization; or any
instrument purporting to be the same.
``(9) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(10) The term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.

``Sec. 1554. Authorized law enforcement activities

``Nothing in this chapter shall prohibit any lawfully
authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a
State, or a political subdivision of a State, or an
intelligence agency of the United States, or any activity
authorized under title V of the Organized Crime Control Act
of 1970 (84 Stat. 933).

``Sec. 1555. Exception for refugees, asylees, and other
vulnerable persons

``(a) In General.--If a person believed to have violated
section 1542, 1544, 1546, or 1548 while attempting to enter
the United States, without delay, indicates an intention to
apply for asylum under section 208 or 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or
for relief under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (in
accordance with section 208.17 of title 8, Code of Federal
Regulations), or under section 101(a)(15)(T), 101(a)(15)(U),
101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or
244(a)(3) (as in effect prior to March 31, 1997) of such Act,
or a credible fear of persecution or torture--
``(1) the person shall be referred to an appropriate
Federal immigration official to review such claim and make a
determination if such claim is warranted;
``(2) if the Federal immigration official determines that
the person qualifies for the claimed relief, the person shall
not be considered to have violated any such section; and
``(3) if the Federal immigration official determines that
the person does not qualify for the claimed relief, the
person shall be referred to an appropriate Federal official
for prosecution under this chapter.
``(b) Savings Provision.--Nothing in this section shall be
construed to diminish, increase, or alter the obligations of
refugees or the United States under article 31(1) of the
Convention Relating to the Status of Refugees, done at Geneva
July 28, 1951 (as made applicable by the Protocol Relating to
the Status of Refugees, done at New York January 31, 1967 (19
UST 6223)).''.
(2) Clerical amendment.--The table of chapters in title 18,
United States Code, is amended by striking the item relating
to chapter 75 and inserting the following:
``75. Passport, visa, and immigration fraud.....................1541''.

(b) Protection for Legitimate Refugees and Asylum
Seekers.--Section 208 (8 U.S.C. 1158) is amended by adding at
the end the following:
``(e) Protection for Legitimate Refugees and Asylum
Seekers.--The Attorney General, in consultation with the
Secretary of Homeland Security, shall develop binding
prosecution guidelines for federal prosecutors to ensure that
any prosecution of an alien seeking entry into the United
States by fraud is consistent with the written terms and
limitations of Article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of
Refugees, done at New York January 31, 1967 (19 UST
6223)).''.

SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND
IMMIGRATION FRAUD OFFENSES.

(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:

``(III) a violation of (or a conspiracy or attempt to
violate) any provision of chapter 75 of title 18, United
States Code,''.

(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(iii) of a violation of any provision of chapter 75 of
title 18, United States Code,''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to proceedings pending on or after the
date of the enactment of this Act, with respect to conduct
occurring on or after that date.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

(a) Institutional Removal Program.--
(1) Continuation.--The Secretary shall continue to operate
the Institutional Removal Program (referred to in this
section as the ``Program'') or shall develop and implement
another program to--
(A) identify removable criminal aliens in Federal and State
correctional facilities;
(B) ensure that such aliens are not released into the
community; and
(C) remove such aliens from the United States after the
completion of their sentences.
(2) Expansion.--The Secretary may extend the scope of the
Program to all States.
(b) Authorization for Detention After Completion of State
or Local Prison Sentence.--Law enforcement officers of a
State or political subdivision of a State may--
(1) hold an illegal alien for a period not to exceed 14
days after the completion of the alien's State prison
sentence to effectuate the transfer of the alien to Federal
custody if the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until authorized employees of the Bureau of
Immigration and Customs Enforcement can take the alien into
custody.
(c) Technology Usage.--Technology, such as
videoconferencing, shall be used to the maximum extent
practicable to make the Program available in remote
locations. Mobile access to Federal databases of aliens, such
as IDENT, and live scan technology shall be used to the
maximum extent practicable to make these resources available
to State and local law enforcement agencies in remote
locations.
(d) Report to Congress.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter,
the Secretary shall submit a report to Congress on the
participation of States in the Program and in any other
program authorized under subsection (a).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary in each of
the fiscal years 2007 through 2011 to carry out the Program.

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Instead of removal proceedings.--If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a),
the Secretary of Homeland Security may permit the alien to
voluntarily depart the United States at the alien's own
expense under this subsection instead of being subject to
proceedings under section 240.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph (3);
(D) by adding after paragraph (1) the following:
``(2) Before the conclusion of removal proceedings.--If an
alien is not described in paragraph (2)(A)(iii) or (4) of
section 237(a), the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own
expense under this subsection after the initiation of removal
proceedings under section 240 and before the conclusion of
such proceedings before an immigration judge.'';
(E) in paragraph (3), as redesignated--
(i) by amending subparagraph (A) to read as follows:
``(A) Instead of removal.--Subject to subparagraph (C),
permission to voluntarily depart under paragraph (1) shall
not be valid for any period in excess of 120 days. The
Secretary may require an alien permitted to voluntarily
depart under paragraph (1) to post a voluntary departure
bond, to be surrendered upon proof that the alien has
departed the United States within the time specified.'';
(ii) by redesignating subparagraphs (B), (C), and (D) as
paragraphs (C), (D), and (E), respectively;
(iii) by adding after subparagraph (A) the following:
``(B) Before the conclusion of removal proceedings.--
Permission to voluntarily depart under paragraph (2) shall
not be valid for any period in excess of 60 days, and may be
granted only after a finding that the alien has the means to
depart the United States and intends to do so. An alien
permitted to voluntarily depart under paragraph (2) shall
post a voluntary departure bond, in an amount necessary to
ensure that the alien will depart, to be surrendered upon
proof that the alien has departed the United States within
the time specified. An immigration judge may waive the
requirement to post a voluntary departure bond in individual
cases upon a finding that the alien has presented compelling
evidence that the posting of a bond will pose a serious
financial hardship and the alien has presented credible
evidence that such a bond is unnecessary to guarantee timely
departure.'';
(iv) in subparagraph (C), as redesignated, by striking
``subparagraphs (C) and(D)(ii)'' and inserting
``subparagraphs (D) and (E)(ii)'';
(v) in subparagraph (D), as redesignated, by striking
``subparagraph (B)'' each place that term appears and
inserting ``subparagraph (C)''; and
(vi) in subparagraph (E), as redesignated, by striking
``subparagraph (B)'' each place that term appears and
inserting ``subparagraph (C)''; and
(F) in paragraph (4), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)'';
(2) in subsection (b)(2), by striking ``a period exceeding
60 days'' and inserting ``any period in excess of 45 days'';
(3) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
may only be granted as part of an affirmative agreement by
the alien. A voluntary departure agreement under subsection
(b) shall include a waiver of

[[Page S9928]]

the right to any further motion, appeal, application,
petition, or petition for review relating to removal or
relief or protection from removal.
``(2) Concessions by the secretary.--In connection with the
alien's agreement to depart voluntarily under paragraph (1),
the Secretary of Homeland Security may agree to a reduction
in the period of inadmissibility under subparagraph (A) or
(B)(i) of section 212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at
the conclusion of such proceedings, shall be presented on the
record before the immigration judge. The immigration judge
shall advise the alien of the consequences of a voluntary
departure agreement before accepting such agreement.
``(4) Failure to comply with agreement.--
``(A) In general.--If an alien agrees to voluntary
departure under this section and fails to depart the United
States within the time allowed for voluntary departure or
fails to comply with any other terms of the agreement
(including failure to timely post any required bond), the
alien is--
``(i) ineligible for the benefits of the agreement;
``(ii) subject to the penalties described in subsection
(d); and
``(iii) subject to an alternate order of removal if
voluntary departure was granted under subsection (a)(2) or
(b).
``(B) Effect of filing timely appeal.--If, after agreeing
to voluntary departure, the alien files a timely appeal of
the immigration judge's decision granting voluntary
departure, the alien may pursue the appeal instead of the
voluntary departure agreement. Such appeal operates to void
the alien's voluntary departure agreement and the
consequences of such agreement, but precludes the alien from
another grant of voluntary departure while the alien remains
in the United States.
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary in writing in the
exercise of the Secretary's discretion before the expiration
of the period allowed for voluntary departure, no motion,
appeal, application, petition, or petition for review shall
affect, reinstate, enjoin, delay, stay, or toll the alien's
obligation to depart from the United States during the period
agreed to by the alien and the Secretary.'';
(4) by amending subsection (d) to read as follows:
``(d) Penalties for Failure To Depart.--If an alien is
permitted to voluntarily depart under this section and fails
to voluntarily depart from the United States within the time
period specified or otherwise violates the terms of a
voluntary departure agreement, the alien will be subject to
the following penalties:
``(1) Civil penalty.--The alien shall be liable for a civil
penalty of $3,000. The order allowing voluntary departure
shall specify the amount of the penalty, which shall be
acknowledged by the alien on the record. If the Secretary
thereafter establishes that the alien failed to depart
voluntarily within the time allowed, no further procedure
will be necessary to establish the amount of the penalty, and
the Secretary may collect the civil penalty at any time
thereafter and by whatever means provided by law. An alien
will be ineligible for any benefits under this chapter until
this civil penalty is paid.
``(2) Ineligibility for relief.--The alien shall be
ineligible during the time the alien remains in the United
States and for a period of 10 years after the alien's
departure for any further relief under this section and
sections 240A, 245, 248, and 249. The order permitting the
alien to depart voluntarily shall inform the alien of the
penalties under this subsection.
``(3) Reopening.--The alien shall be ineligible to reopen
the final order of removal that took effect upon the alien's
failure to depart, or upon the alien's other violations of
the conditions for voluntary departure, during the period
described in paragraph (2). This paragraph does not preclude
a motion to reopen to seek withholding of removal under
section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the order granting
voluntary departure in the country to which the alien would
be removed; and
``(B) makes a sufficient showing to the satisfaction of the
Attorney General that the alien is otherwise eligible for
such protection.''; and
(5) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to voluntarily depart under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1) for any class of
aliens. The Secretary or Attorney General may by regulation
limit eligibility or impose additional conditions for
voluntary departure under subsections (a)(2) or (b) of this
section for any class or classes of aliens.''; and
(6) in subsection (f), by adding at the end the following:
``Notwithstanding section 242(a)(2)(D) of this Act, sections
1361, 1651, and 2241 of title 28, United States Code, any
other habeas corpus provision, and any other provision of law
(statutory or nonstatutory), no court shall have jurisdiction
to affect, reinstate, enjoin, delay, stay, or toll the period
allowed for voluntary departure under this section.''.
(b) Rulemaking.--The Secretary shall promulgate regulations
to provide for the imposition and collection of penalties for
failure to depart under section 240B(d) of the Immigration
and Nationality Act (8 U.S.C. 1229c(d)).
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
all orders granting voluntary departure under section 240B of
the Immigration and Nationality Act (8 U.S.C. 1229c) made on
or after the date that is 180 days after the enactment of
this Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on the date of the enactment of this Act
and shall apply with respect to any petition for review which
is filed on or after such date.

SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN
THE UNITED STATES UNLAWFULLY.

(a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C.
1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not
later than 10 years after the date of the alien's departure
or removal (or not later than 20 years after''.
(b) Bar on Discretionary Relief.--Section 274D (9 U.S.C.
324d) is amended--
(1) in subsection (a), by striking ``Commissioner'' and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(c) Ineligibility for Relief.--
``(1) In general.--Unless a timely motion to reopen is
granted under section 240(c)(6), an alien described in
subsection (a) shall be ineligible for any discretionary
relief from removal (including cancellation of removal and
adjustment of status) during the time the alien remains in
the United States and for a period of 10 years after the
alien's departure from the United States.
``(2) Savings provision.--Nothing in paragraph (1) shall
preclude a motion to reopen to seek withholding of removal
under section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the final order of
removal in the country to which the alien would be removed;
and
``(B) makes a sufficient showing to the satisfaction of the
Attorney General that the alien is otherwise eligible for
such protection.''.
(c) Effective Dates.--The amendments made by this section
shall take effect on the date of the enactment of this Act
with respect to aliens who are subject to a final order of
removal entered on or after such date.

SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE
POSSESSION OF FIREARMS BY CERTAIN ALIENS.

Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking ``(y)(2)'' and all
that follows and inserting ``(y), is in a nonimmigrant
classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5));'';
(2) in subsection (g)(5)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking ``(y)(2)'' and all
that follows and inserting ``(y), is in a nonimmigrant
classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5));''; and
(3) in subsection (y)--
(A) in the header, by striking ``ADMITTED UNDER
NONIMMIGRANT VISAS'' and inserting ``IN A NONIMMIGRANT
CLASSIFICATION'';
(B) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) the term `nonimmigrant classification' includes all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), or otherwise described in the immigration laws
(as defined in section 101(a)(17) of such Act).'';
(C) in paragraph (2), by striking ``has been lawfully
admitted to the United States under a nonimmigrant visa'' and
inserting ``is in a nonimmigrant classification''; and
(D) in paragraph (3)(A), by striking ``Any individual who
has been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of subsection
(g)(5)'' and inserting ``Any

[[Page S9929]]

alien in a nonimmigrant classification may receive a waiver
from the requirements of subsection (g)(5)(B)''.

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN
IMMIGRATION, NATURALIZATION, AND PEONAGE
OFFENSES.

(a) In General.--Section 3291 of title 18, United States
Code, is amended to read as follows:

``Sec. 3291. Immigration, naturalization, and peonage
offenses

``No person shall be prosecuted, tried, or punished for a
violation of any section of chapters 69 (relating to
nationality and citizenship offenses), 75 (relating to
passport, visa, and immigration offenses), or 77 (relating to
peonage, slavery, and trafficking in persons), for an attempt
or conspiracy to violate any such section, for a violation of
any criminal provision under section 243, 266, 274, 275, 276,
277, or 278 of the Immigration and Nationality Act (8 U.S.C.
1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an
attempt or conspiracy to violate any such section, unless the
indictment is returned or the information filed not later
than 10 years after the commission of the offense.''.
(b) Clerical Amendment.--The table of sections for chapter
213 of title 18, United States Code, is amended by striking
the item relating to section 3291 and inserting the
following:

``3291. Immigration, naturalization, and peonage offenses''.

SEC. 215. DIPLOMATIC SECURITY SERVICE.

Section 2709(a)(1) of title 22, United States Code, is
amended to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of the
Department of State;
``(C) violations of chapter 77 of title 18, United States
Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction of the United States
(as defined in section 7(9) of title 18, United States
Code);''.

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

(a) In General.--Section 103 (8 U.S.C. 1103) is amended--
(1) by amending subsection (f) to read as follows:
``(f) Minimum Number of Agents in States.--
``(1) In general.--The Secretary of Homeland Security shall
allocate to each State--
``(A) not fewer than 40 full-time active duty agents of the
Bureau of Immigration and Customs Enforcement to--
``(i) investigate immigration violations; and
``(ii) ensure the departure of all removable aliens; and
``(B) not fewer than 15 full-time active duty agents of the
Bureau of Citizenship and Immigration Services to carry out
immigration and naturalization adjudication functions.
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) for any State with a population of less than
2,000,000, as most recently reported by the Bureau of the
Census''; and
(2) by adding at the end the following:
``(i) Notwithstanding any other provision of law,
appropriate background and security checks, as determined by
the Secretary of Homeland Security, shall be completed and
assessed and any suspected or alleged fraud relating to the
granting of any status (including the granting of adjustment
of status), relief, protection from removal, or other benefit
under this Act shall be investigated and resolved before the
Secretary or the Attorney General may--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the
immigration laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any
court.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall take effect on the date that is 90 days after
the date of the enactment of this Act.
(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.

SEC. 217. CONSTRUCTION.

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

``SEC. 362. CONSTRUCTION.

``(a) In General.--Nothing in this Act or in any other
provision of law shall be construed to require the Secretary
of Homeland Security, the Attorney General, the Secretary of
State, the Secretary of Labor, or any other authorized head
of any Federal agency to grant any application, approve any
petition, or grant or continue any status or benefit under
the immigration laws by, to, or on behalf of--
``(1) any alien described in subparagraph (A)(i), (A)(iii),
(B), or (F) of section 212(a)(3) or subparagraph (A)(i),
(A)(iii), or (B) of section 237(a)(4);
``(2) any alien with respect to whom a criminal or other
investigation or case is pending that is material to the
alien's inadmissibility, deportability, or eligibility for
the status or benefit sought; or
``(3) any alien for whom all law enforcement checks, as
deemed appropriate by such authorized official, have not been
conducted and resolved.
``(b) Denial; Withholding.--An official described in
subsection (a) may deny or withhold (with respect to an alien
described in subsection (a)(1)) or withhold pending
resolution of the investigation, case, or law enforcement
checks (with respect to an alien described in paragraph (2)
or (3) of subsection (a)) any such application, petition,
status, or benefit on such basis.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 361 the
following:

``Sec. 362. Construction''.

SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

(a) Reimbursement for Costs Associated With Processing
Criminal Illegal Aliens.--The Secretary shall reimburse
States and units of local government for costs associated
with processing undocumented criminal aliens through the
criminal justice system, including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) courts costs.
(b) Authorization of Appropriations.--
(1) Processing criminal illegal aliens.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2012 to carry out subsection (a).
(2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry this
subsection--
``(A) such sums as may be necessary for fiscal year 2007;
``(B) $750,000,000 for fiscal year 2008;
``(C) $850,000,000 for fiscal year 2009; and
``(D) $950,000,000 for each of the fiscal years 2010
through 2012.''.
(c) Technical Amendment.--Section 501 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.

SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS
APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT
OFFICERS.

(a) In General.--The Secretary shall provide sufficient
transportation and officers to take illegal aliens
apprehended by State and local law enforcement officers into
custody for processing at a detention facility operated by
the Department.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2007 through 2011 to carry out this section.

SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON
TRIBAL LANDS.

(a) Grants Authorized.--The Secretary may award grants to
Indian tribes with lands adjacent to an international border
of the United States that have been adversely affected by
illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department for Indian
tribes, either directly or

[[Page S9930]]

through State or local grants, relating to border security
expenses.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out this section.

SEC. 221. ALTERNATIVES TO DETENTION.

The Secretary shall conduct a study of--
(1) the effectiveness of alternatives to detention,
including electronic monitoring devices and intensive
supervision programs, in ensuring alien appearance at court
and compliance with removal orders;
(2) the effectiveness of the Intensive Supervision
Appearance Program and the costs and benefits of expanding
that program to all States; and
(3) other alternatives to detention, including--
(A) release on an order of recognizance;
(B) appearance bonds; and
(C) electronic monitoring devices.

SEC. 222. CONFORMING AMENDMENT.

Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is
amended--
(1) by striking ``(i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport
or instrument in violation of section 1543 of title 18,
United States Code, or is described in section 1546(a) of
such title (relating to document fraud) and (ii)'' and
inserting ``which is described in chapter 75 of title 18,
United States Code, and''; and
(2) by inserting the following: ``that is not described in
section 1548 of such title (relating to increased penalties),
and'' after ``first offense''.

SEC. 223. REPORTING REQUIREMENTS.

(a) Clarifying Address Reporting Requirements.--Section 265
(8 U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in writing''
and inserting ``submit written or electronic notification to
the Secretary of Homeland Security, in a manner approved by
the Secretary,'';
(B) by striking ``the Attorney General may require by
regulation'' and inserting ``the Secretary may require''; and
(C) by adding at the end the following: ``If the alien is
involved in proceedings before an immigration judge or in an
administrative appeal of such proceedings, the alien shall
submit to the Attorney General the alien's current address
and a telephone number, if any, at which the alien may be
contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d) Address To Be Provided.--
``(1) In general.--Except as otherwise provided by the
Secretary under paragraph (2), an address provided by an
alien under this section shall be the alien's current
residential mailing address, and shall not be a post office
box or other non-residential mailing address or the address
of an attorney, representative, labor organization, or
employer.
``(2) Specific requirements.--The Secretary may provide
specific requirements with respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a remote
location; and
``(B) the reporting of address information by aliens who
are incarcerated in a Federal, State, or local correctional
facility.
``(3) Detention.--An alien who is being detained by the
Secretary under this Act is not required to report the
alien's current address under this section during the time
the alien remains in detention, but shall be required to
notify the Secretary of the alien's address under this
section at the time of the alien's release from detention.
``(e) Use of Most Recent Address Provided by the Alien.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may provide for the appropriate
coordination and cross referencing of address information
provided by an alien under this section with other
information relating to the alien's address under other
Federal programs, including--
``(A) any information pertaining to the alien, which is
submitted in any application, petition, or motion filed under
this Act with the Secretary of Homeland Security, the
Secretary of State, or the Secretary of Labor;
``(B) any information available to the Attorney General
with respect to an alien in a proceeding before an
immigration judge or an administrative appeal or judicial
review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal Alien
Assistance Program.
``(2) Reliance.--The Secretary may rely on the most recent
address provided by the alien under this section or section
264 to send to the alien any notice, form, document, or other
matter pertaining to Federal immigration laws, including
service of a notice to appear. The Attorney General and the
Secretary may rely on the most recent address provided by the
alien under section 239(a)(1)(F) to contact the alien about
pending removal proceedings.
``(3) Obligation.--The alien's provision of an address for
any other purpose under the Federal immigration laws does not
excuse the alien's obligation to submit timely notice of the
alien's address to the Secretary under this section (or to
the Attorney General under section 239(a)(1)(F) with respect
to an alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).''.
(b) Conforming Changes With Respect to Registration
Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.)
is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is authorized'' and
inserting ``Secretary of Homeland Security and Attorney
General are authorized''; and
(ii) by striking ``Attorney General or the Service'' and
inserting ``Secretary or the Attorney General''.
(c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Failure To Provide Notice of Alien's Current
Address.--
``(1) Criminal penalties.--Any alien or any parent or legal
guardian in the United States of any minor alien who fails to
notify the Secretary of Homeland Security of the alien's
current address in accordance with section 265 shall be fined
under title 18, United States Code, imprisoned for not more
than 6 months, or both.
``(2) Effect on immigration status.--Any alien who violates
section 265 (regardless of whether the alien is punished
under paragraph (1)) and does not establish to the
satisfaction of the Secretary that such failure was
reasonably excusable or was not willful shall be taken into
custody in connection with removal of the alien. If the alien
has not been inspected or admitted, or if the alien has
failed on more than 1 occasion to submit notice of the
alien's current address as required under section 265, the
alien may be presumed to be a flight risk. The Secretary or
the Attorney General, in considering any form of relief from
removal which may be granted in the discretion of the
Secretary or the Attorney General, may take into
consideration the alien's failure to comply with section 265
as a separate negative factor. If the alien failed to comply
with the requirements of section 265 after becoming subject
to a final order of removal, deportation, or exclusion, the
alien's failure shall be considered as a strongly negative
factor with respect to any discretionary motion for reopening
or reconsideration filed by the alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to proceedings
initiated on or after the date of the enactment of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.

SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION
LAWS.

(a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is
amended--
(1) in paragraph (2), by adding at the end the following:
``If such training is provided by a State or political
subdivision of a State to an officer or employee of such
State or political subdivision of a State, the cost of such
training (including applicable overtime costs) shall be
reimbursed by the Secretary of Homeland Security.''; and
(2) in paragraph (4), by adding at the end the following:
``The cost of any equipment required to be purchased under
such written agreement and necessary to perform the functions
under this subsection shall be reimbursed by the Secretary of
Homeland Security.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section and the amendments made
by this section.

SEC. 225. REMOVAL OF DRUNK DRIVERS.

(a) In General.--Section 101(a)(43)(F) (8 U.S.C.
1101(a)(43)(F)) is amended by inserting ``, including a third
drunk driving conviction, regardless of the States in which
the convictions occurred or whether the offenses are
classified as misdemeanors or felonies under State law,''
after ``offense)''.
(b) Effective Date.--The amendment made by subsection (a)
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to convictions entered on or after such date.

[[Page S9931]]

SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

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

SEC. 227. EXPEDITED REMOVAL.

(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting
``expedited removal of criminal aliens'';
(2) in subsection (a), by striking the subsection heading
and inserting: ``Expedited Removal From Correctional
Facilities.--'';
(3) in subsection (b), by striking the subsection heading
and inserting: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary of Homeland Security may,
in the case of an alien described in paragraph (2), determine
the deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has not been lawfully admitted to the United States
for permanent residence; and
``(B) was convicted of any criminal offense described in
subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
(5) in the subsection (c) that relates to presumption of
deportability, by striking ``convicted of an aggravated
felony'' and inserting ``described in subsection (b)(2)'';
(6) by redesignating the subsection (c) that relates to
judicial removal as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Application to Certain Aliens.--
(1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(A) in subclause (I), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(B) by adding at the end the following new subclause:

``(III) Exception.--Notwithstanding subclauses (I) and
(II), the Secretary of Homeland Security shall apply clauses
(i) and (ii) of this subparagraph to any alien (other than an
alien described in subparagraph (F)) who is not a national of
a country contiguous to the United States, who has not been
admitted or paroled into the United States, and who is
apprehended within 100 miles of an international land border
of the United States and within 14 days of entry.''.

(2) Exceptions.--Section 235(b)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
(A) by striking ``and who arrives by aircraft at a port of
entry'' and inserting ``and--''; and
(B) by adding at the end the following:
``(i) who arrives by aircraft at a port of entry; or
``(ii) who is present in the United States and arrived in
any manner at or between a port of entry.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to all aliens apprehended or convicted on or
after such date.

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

(a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)),
is amended--
(1) in subparagraph (A)(i), by striking ``Any'' and
inserting ``Except as provided in clause (vii), any'';
(2) in subparagraph (A), by inserting after clause (vi) the
following:
``(vii) Clause (i) shall not apply to a citizen of the
United States who has been convicted of an offense described
in subparagraph (A), (I), or (K) of section 101(a)(43),
unless the Secretary of Homeland Security, in the Secretary's
sole and unreviewable discretion, determines that the citizen
poses no risk to the alien with respect to whom a petition
described in clause (i) is filed.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``Any alien'' and inserting the following:
``(I) Except as provided in subclause (II), any alien''; and
(B) by adding at the end the following:
``(II) Subclause (I) shall not apply in the case of an
alien admitted for permanent residence who has been convicted
of an offense described in subparagraph (A), (I), or (K) of
section 101(a)(43), unless the Secretary of Homeland
Security, in the Secretary's sole and unreviewable
discretion, determines that the alien lawfully admitted for
permanent residence poses no risk to the alien with respect
to whom a petition described in subclause (I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting ``(other than a
citizen described in section 204(a)(1)(A)(vii))'' after
``citizen of the United States'' each place that phrase
appears.

SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

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

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND
POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS
TO FEDERAL CUSTODY.

``(a) Authority.--Notwithstanding any other provision of
law, law enforcement personnel of a State, or a political
subdivision of a State, have the inherent authority of a
sovereign entity to investigate, apprehend, arrest, detain,
or transfer to Federal custody (including the transportation
across State lines to detention centers) an alien for the
purpose of assisting in the enforcement of the criminal
provisions of the immigration laws of the United States in
the normal course of carrying out the law enforcement duties
of such personnel. This State authority has never been
displaced or preempted by a Federal law.
``(b) Construction.--Nothing in this section shall be
construed to require law enforcement personnel of a State or
a political subdivision to assist in the enforcement of the
immigration laws of the United States.
``(c) Transfer.--If the head of a law enforcement entity of
a State (or, if appropriate, a political subdivision of the
State) exercising authority with respect to the apprehension
or arrest of an alien submits a request to the Secretary of
Homeland Security that the alien be taken into Federal
custody, the Secretary of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to verify
immigration status described in section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(c)), and expeditiously inform the requesting
entity whether such individual is an alien lawfully admitted
to the United States or is otherwise lawfully present in the
United States; and
``(B) if the individual is an alien who is not lawfully
admitted to the United States or otherwise is not lawfully
present in the United States--
``(i) take the illegal alien into the custody of the
Federal Government not later than 72 hours after--

``(I) the conclusion of the State charging process or
dismissal process; or
``(II) the illegal alien is apprehended, if no State
charging or dismissal process is required; or

``(ii) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien
to a location for transfer to Federal custody; and
``(2) shall designate at least 1 Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(d) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State, or a political subdivision of a State, for
expenses, as verified by the Secretary, incurred by the State
or political subdivision in the detention and transportation
of an alien as described in subparagraphs (A) and (B) of
subsection (c)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (c)(1)
shall be--
``(A) the product of--
``(i) the average daily cost of incarceration of a prisoner
in the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political
subdivision of the State); multiplied by
``(ii) the number of days that the alien was in the custody
of the State or political subdivision; plus
``(B) the cost of transporting the alien from the point of
apprehension or arrest to the location of detention, and if
the location of detention and of custody transfer are
different, to the custody transfer point; plus
``(C) the cost of uncompensated emergency medical care
provided to a detained alien during the period between the
time of transmittal of the request described in subsection
(c) and the time of transfer into Federal custody.
``(e) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that--
``(1) aliens incarcerated in a Federal facility pursuant to
this section are held in facilities which provide an
appropriate level of security; and
``(2) if practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a
facility or facilities.
``(f) Requirement for Schedule.--In carrying out this
section, the Secretary of Homeland Security shall establish a
regular circuit and schedule for the prompt transportation of
apprehended aliens from the custody of those States, and
political subdivisions of States, which routinely submit
requests described in subsection (c), into Federal custody.
``(g) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with
appropriate State and local law enforcement and detention
agencies to implement this section.
``(2) Determination by secretary.--Prior to entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary
shall determine whether the State, or if appropriate, the
political subdivision in which the agencies are located, has
in place any formal or informal policy that violates section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary
shall not allocate any of the funds made available under this
section to any State or political subdivision that has in
place a policy that violates such section.''.

[[Page S9932]]

(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully
Present.--There are authorized to be appropriated
$850,000,000 for fiscal year 2007 and each subsequent fiscal
year for the detention and removal of aliens not lawfully
present in the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et. seq.).

SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in
and harboring certain aliens),'' after ``section 590 of the
Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.

SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime
Information Center.--
(1) In general.--Except as provided in paragraph (3), not
later than 180 days after the date of the enactment of this
Act, the Secretary shall provide to the head of the National
Crime Information Center of the Department of Justice the
information that the Secretary has or maintains related to
any alien--
(A) against whom a final order of removal has been issued;
(B) who enters into a voluntary departure agreement, or is
granted voluntary departure by an immigration judge, whose
period for departure has expired under subsection (a)(3) of
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c) (as amended by section 211(a)(1)(C)), subsection
(b)(2) of such section 240B, or who has violated a condition
of a voluntary departure agreement under such section 240B;
(C) whom a Federal immigration officer has confirmed to be
unlawfully present in the United States; and
(D) whose visa has been revoked.
(2) Removal of information.--The head of the National Crime
Information Center should promptly remove any information
provided by the Secretary under paragraph (1) related to an
alien who is granted lawful authority to enter or remain
legally in the United States.
(3) Procedure for removal of erroneous information.--The
Secretary, in consultation with the head of the National
Crime Information Center of the Department of Justice, shall
develop and implement a procedure by which an alien may
petition the Secretary or head of the National Crime
Information Center, as appropriate, to remove any erroneous
information provided by the Secretary under paragraph (1)
related to such alien. Under such procedures, failure by the
alien to receive notice of a violation of the immigration
laws shall not constitute cause for removing information
provided by the Secretary under paragraph (1) related to such
alien, unless such information is erroneous. Notwithstanding
the 180-day time period set forth in paragraph (1), the
Secretary shall not provide the information required under
paragraph (1) until the procedures required by this paragraph
are developed and implemented.
(b) Inclusion of Information in the National Crime
Information Center Database.--Section 534(a) of title 28,
United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.

SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

Not later than 2 years after the date of the enactment of
this Act, the Secretary shall negotiate and execute, where
practicable, a cooperative enforcement agreement described in
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)) with at least 1 law enforcement agency in
each State, to train law enforcement officers in the
detection and apprehension of individuals engaged in
transporting, harboring, sheltering, or encouraging aliens in
violation of section 274 of such Act (8 U.S.C. 1324).

SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE
UTILIZATION OF FACILITIES IDENTIFIED FOR
CLOSURES AS A RESULT OF THE DEFENSE BASE
CLOSURE REALIGNMENT ACT OF 1990.

(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary shall construct or acquire,
in addition to existing facilities for the detention of
aliens, at least 20 detention facilities in the United States
that have the capacity to detain a combined total of not less
than 20,000 individuals at any time for aliens detained
pending removal or a decision on removal of such aliens from
the United States subject to available appropriations.
(b) Construction of or Acquisition of Detention
Facilities.--
(1) Requirement to construct or acquire.--The Secretary
shall construct or acquire additional detention facilities in
the United States to accommodate the detention beds required
by section 5204(a) of the Intelligence Reform and Terrorism
Protection Act of 2004, as amended by subsection (a), subject
to available appropriations.
(2) Use of alternate detention facilities.--Subject to the
availability of appropriations, the Secretary shall fully
utilize all possible options to cost effectively increase
available detention capacities, and shall utilize detention
facilities that are owned and operated by the Federal
Government if the use of such facilities is cost effective.
(3) Use of installations under base closure laws.--In
acquiring additional detention facilities under this
subsection, the Secretary shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
subsection (a).
(4) Determination of location.--The location of any
detention facility constructed or acquired in accordance with
this subsection shall be determined, with the concurrence of
the Secretary, by the senior officer responsible for
Detention and Removal Operations in the Department. The
detention facilities shall be located so as to enable the
officers and employees of the Department to increase to the
maximum extent practicable the annual rate and level of
removals of illegal aliens from the United States.
(c) Annual Report to Congress.--Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, in consultation with the heads of other
appropriate Federal agencies, the Secretary shall submit to
Congress an assessment of the additional detention facilities
and bed space needed to detain unlawful aliens apprehended at
the United States ports of entry or along the international
land borders of the United States.
(d) Technical and Conforming Amendment.--Section 241(g)(1)
(8 U.S.C. 1231(g)(1)) is amended by striking ``may expend''
and inserting ``shall expend''.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS
CHARGED WITH FEDERAL OFFENSES.

(a) Responsibility of United States Attorneys.--Beginning
not later than 2 years after the date of the enactment of
this Act, the office of the United States Attorney that is
prosecuting a criminal case in a Federal court--
(1) shall determine, not later than 30 days after filing
the initial pleadings in the case, whether each defendant in
the case is lawfully present in the United States (subject to
subsequent legal proceedings to determine otherwise);
(2)(A) if the defendant is determined to be an alien
lawfully present in the United States, shall notify the court
in writing of the determination and the current status of the
alien under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) if the defendant is determined not to be lawfully
present in the United States, shall notify the court in
writing of the determination, the defendant's alien status,
and, to the extent possible, the country of origin or legal
residence of the defendant; and
(3) ensure that the information described in paragraph (2)
is included in the case file and the criminal records system
of the office of the United States attorney.
(b) Guidelines.--A determination made under subsection
(a)(1) shall be made in accordance with guidelines of the
Executive Office for Immigration Review of the Department of
Justice.
(c) Responsibilities of Federal Courts.--
(1) Modifications of records and case managements
systems.--Not later than 2 years after the date of the
enactment of this Act, all Federal courts that hear criminal
cases, or appeals of criminal cases, shall modify their
criminal records and case management systems, in accordance
with guidelines which the Director of the Administrative
Office of the United States Courts shall establish, so as to
enable accurate reporting of information described in
subsection (a)(2).
(2) Data entries.--Beginning not later than 2 years after
the date of the enactment of this Act, each Federal court
described in paragraph (1) shall enter into its electronic
records the information contained in each notification to the
court under subsection (a)(2).
(d) Construction.--Nothing in this section may be construed
to provide a basis for admitting evidence to a jury or
releasing information to the public regarding an alien's
immigration status.
(e) Annual Report to Congress.--The Director of the
Administrative Office of the United States Courts shall
include, in the annual report filed with Congress under
section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in
the courts and criminal convictions of aliens in the lower
courts and upheld on appeal, including the type of crime in
each case and including information on the legal status of
the aliens; and
(2) recommendations on whether additional court resources
are needed to accommodate the volume of criminal cases
brought against aliens in the Federal courts.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for

[[Page S9933]]

each of fiscal years 2007 through 2011, such sums as may be
necessary to carry out this Act. Funds appropriated pursuant
to this subsection in any fiscal year shall remain available
until expended.

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--
(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.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

(a) In General.--Section 274A (8 U.S.C. 1324a) is amended
to read as follows:

``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an alien
for employment in the United States knowing, or with reckless
disregard, that the alien is an unauthorized alien with
respect to such employment; or
``(B) to hire, or to recruit or refer for a fee, for
employment in the United States an individual unless such
employer meets the requirements of subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing
that the alien is (or has become) an unauthorized alien with
respect to such employment.
``(3) Use of labor through contract.--
``(A) In general.--An employer who uses a contract,
subcontract, or exchange to obtain the labor of an alien in
the United States knowing, or with reckless disregard--
``(i) that the alien is an unauthorized alien with respect
to performing such labor, shall be considered to have hired
the alien in violation of paragraph (1)(A); or
``(ii) that the person hiring such alien failed to comply
with the requirements of subsections (c) and (d) shall be
considered to have hired the alien in violation of paragraph
(1)(B).
``(B) Information sharing.--The person hiring the alien
shall provide to the employer, who obtains the labor of the
alien, the employer identification number assigned to such
person by the Commissioner of Internal Revenue. Failure to
provide such number shall be considered a recordkeeping
violation under subsection (e)(4)(B).
``(C) Reporting requirement.--The employer shall submit to
the Electronic Verification System established under
subsection (d), in a manner prescribed by the Secretary, the
employer identification number provided by the person hiring
the alien. Failure to submit such number shall be considered
a recordkeeping violation under subsection (e)(4)(B).
``(D) Enforcement.--The Secretary shall implement
procedures to utilize the information obtained under
subparagraphs (B) and (C) to identify employers who use a
contract, subcontract, or exchange to obtain the labor of an
alien from another person, where such person hiring such
alien fails to comply with the requirements of subsections
(c) and (d).
``(4) Defense.--
``(A) In general.--Subject to subparagraph (B), an employer
that establishes that the employer has complied in good faith
with the requirements of subsections (c) and (d) has
established an affirmative defense that the employer has not
violated paragraph (1)(A) with respect to such hiring,
recruiting, or referral.
``(B) Exception.--Until the date that an employer is
required to participate in the Electronic Employment
Verification System under subsection (d) or is participating
in such System on a voluntary basis, the employer may
establish an affirmative defense under subparagraph (A) by
complying with the requirements of subsection (c).
``(b) Order of Internal Review and Certification of
Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is authorized, at
any time, to require that the employer certify that the
employer is in compliance with this section, or has
instituted a program to come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the employer shall certify
under penalty of perjury that--
``(A) the employer is in compliance with the requirements
of subsections (c) and (d); or
``(B) that the employer has instituted a program to come
into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good
cause, at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for
certification under paragraph (1) and for specific
recordkeeping practices with respect to such certification,
and procedures for the audit of any records related to such
certification.
``(c) Document Verification Requirements.--An employer
hiring, or recruiting or referring for a fee, an individual
for employment in the United States shall verify that the
individual is eligible for such employment by meeting the
following requirements:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall attest, under penalty
of perjury and on a form prescribed by the Secretary, that
the employer has verified the identity and eligibility for
employment of the individual by examining a document
described in subparagraph (B).
``(ii) Signature requirements.--An attestation required by
clause (i) may be manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--The employer has
complied with the requirement of this paragraph with respect
to examination of documentation if a reasonable person would
conclude that the document examined is genuine and relates to
the individual whose identity and eligibility for employment
in the United States is being verified. If the individual
provides a document sufficient to meet the requirements of
this paragraph, nothing in this paragraph shall be construed
as requiring an employer to solicit any other document or as
requiring the individual to produce any other document.
``(B) Identification documents.--A document described in
this subparagraph is--
``(i) in the case of an individual who is a national of the
United States--

``(I) a United States passport; or
``(II) a driver's license or identity card issued by a
State, the Commonwealth of the Northern Mariana Islands, or
an outlying possession of the United States that satisfies
the requirements of division B of Public Law 109-13 (119
Stat. 302);

``(ii) in the case of an alien lawfully admitted for
permanent residence in the United States, a permanent
resident card, as specified by the Secretary;
``(iii) in the case of an alien who is authorized under
this Act or by the Secretary to be employed in the United
States, an employment authorization card, as specified by the
Secretary that--

``(I) contains a photograph of the individual or other
identifying information, including name, date of birth,
gender, and address; and
``(II) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use;

``(iv) in the case of an individual who is unable to obtain
a document described in clause (i), (ii), or (iii), a
document designated by the Secretary that--

``(I) contains a photograph of the individual or other
identifying information, including name, date of birth,
gender, and address; and
``(II) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use;
or

``(v) until the date that an employer is required to
participate in the Electronic Employment Verification System
under subsection (d) or is participating in such System on a
voluntary basis, a document, or a combination of documents,
of such type that, as of the date of the enactment of the
Comprehensive Immigration Reform Act of 2006, the Secretary
had established by regulation were sufficient for purposes of
this section.
``(C) Authority to prohibit use of certain documents.--
``(i) Authority.--If the Secretary finds that a document or
class of documents described in subparagraph (B) is not
reliable to establish identity or is being used fraudulently
to an unacceptable degree, the Secretary shall prohibit, or
impose conditions, on the use of such document or class of
documents for purposes of this subsection.
``(ii) Requirement for publication.--The Secretary shall
publish notice of any findings under clause (i) in the
Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall attest, under
penalty of perjury on the form described in paragraph
(1)(A)(i), that the individual is a national of the United
States, an alien lawfully admitted for permanent residence,
or an alien who is authorized under this Act or by the
Secretary to be hired, or to be recruited or referred for a
fee, in the United States.
``(ii) Signature for examination.--An attestation required
by clause (i) may be manifested by a handwritten or
electronic signature.
``(B) Penalties.--An individual who falsely represents that
the individual is eligible for employment in the United
States in an attestation required by subparagraph (A) shall,
for each such violation, be subject to a fine of not more
than $5,000, a term of imprisonment not to exceed 3 years, or
both.
``(3) Retention of attestation.--The employer shall retain
a paper, microfiche,

[[Page S9934]]

microfilm, or electronic version of the attestations made
under paragraph (1) and (2) and make such attestations
available for inspection by an officer of the Department of
Homeland Security, any other person designated by the
Secretary, the Special Counsel for Immigration-Related Unfair
Employment Practices of the Department of Justice, or the
Secretary of Labor during a period beginning on the date of
the hiring, or recruiting or referring for a fee, of the
individual and ending--
``(A) in the case of the recruiting or referral for a fee
(without hiring) of an individual, 5 years after the date of
the recruiting or referral; or
``(B) in the case of the hiring of an individual the later
of--
``(i) 5 years after the date of such hiring;
``(ii) 1 year after the date the individual's employment is
terminated; or
``(iii) in the case of an employer or class of employers, a
period that is less than the applicable period described in
clause (i) or (ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and recordkeeping requirements.--
``(A) Retention of documents.--Notwithstanding any other
provision of law, an employer shall retain, for the
applicable period described in paragraph (3), the following
documents:
``(i) In general.--The employer shall copy all documents
presented by an individual described in paragraph (1)(B) and
shall retain paper, microfiche, microfilm, or electronic
copies of such documents. Such copies shall be designated as
copied documents.
``(ii) Other documents.--The employer shall maintain
records of any action taken and copies of any correspondence
written or received with respect to the verification of an
individual's identity or eligibility for employment in the
United States.
``(B) Use of retained documents.--An employer shall use
copies retained under clause (i) or (ii) of subparagraph (A)
only for the purposes of complying with the requirements of
this subsection, except as otherwise permitted under law.
``(5) Penalties.--An employer that fails to comply with the
recordkeeping requirements of this subsection shall be
subject to the penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize,
directly or indirectly, the issuance, use, or establishment
of a national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') to determine
whether--
``(A) the identifying information submitted by an
individual is consistent with the information maintained by
the Secretary or the Commissioner of Social Security; and
``(B) such individual is eligible for employment in the
United States.
``(2) Requirement for participation.--The Secretary shall
require all employers in the United States to participate in
the System, with respect to all employees hired by the
employer on or after the date that is 18 months after the
date that not less than $400,000,000 have been appropriated
and made available to implement this subsection.
``(3) Other participation in system.--Notwithstanding
paragraph (2), the Secretary has the authority--
``(A) to permit any employer that is not required to
participate in the System under paragraph (2) to participate
in the System on a voluntary basis; and
``(B) to require any employer or class of employers to
participate on a priority basis in the System with respect to
individuals employed as of, or hired after, the date of
enactment of the Comprehensive Immigration Reform Act of
2006--
``(i) if the Secretary designates such employer or class of
employers as a critical employer based on an assessment of
homeland security or national security needs; or
``(ii) if the Secretary has reasonable cause to believe
that the employer has engaged in material violations of
paragraph (1), (2), or (3) of subsection (a).
``(4) Requirement to notify.--The Secretary shall notify
the employer or class of employers in writing regarding the
requirement for participation in the System under paragraph
(3)(B) not less than 60 days prior to the effective date of
such requirement. Such notice shall include the training
materials described in paragraph (8)(E)(v).
``(5) Registration of employers.--An employer shall
register the employer's participation in the System in the
manner prescribed by the Secretary prior to the date the
employer is required or permitted to submit information with
respect to an employee under this subsection.
``(6) Additional guidance.--A registered employer shall be
permitted to utilize any technology that is consistent with
this section and with any regulation or guidance from the
Secretary to streamline the procedures to facilitate
compliance with--
``(A) the attestation requirement in subsection (c); and
``(B) the employment eligibility verification requirements
in this subsection.
``(7) Consequence of failure to participate.--If an
employer is required to participate in the System and fails
to comply with the requirements of the System with respect to
an employee--
``(A) such failure shall be treated as a violation of
subsection (a)(1)(B); and
``(B) a rebuttable presumption is created that the employer
has violated subsection (a)(1)(A), however, such presumption
may not apply to a prosecution under subsection (f)(1).
``(8) Design and operation of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) respond to each inquiry made by a registered employer
through the Internet or other electronic media, or over a
toll-free telephone line regarding an individual's identity
and eligibility for employment in the United States; and
``(ii) maintain a record of each such inquiry and the
information provided in response to such inquiry.
``(B) Initial inquiry.--
``(i) Information required.--A registered employer shall,
with respect to the hiring, or recruiting or referring for a
fee, any individual for employment in the United States,
obtain from the individual and record on the form described
in subsection (c)(1)(A)(i)--

``(I) the individual's name and date of birth and, if the
individual was born in the United States, the State in which
such individual was born;
``(II) the individual's social security account number;
``(III) the employment identification number of the
individual's employer during any one of the 5 most recently
completed calendar years; and
``(IV) in the case of an individual who does not attest
that the individual is a national of the United States under
subsection (c)(1)(A)(i), such alien identification or
authorization number that the Secretary shall require.

``(ii) Submission to system.--A registered employer shall
submit an inquiry through the System to seek confirmation of
the individual's identity and eligibility for employment in
the United States--

``(I) not later than 3 days after the date of the hiring,
or recruiting or referring for a fee, of the individual (as
the case may be); or
``(II) in the case of an employee hired by a critical
employer designated by the Secretary under paragraph (3)(B)
at such time as the Secretary shall specify.

``(iii) EIN requirements.--

``(I) Requirement to provide.--An employer shall provide
the employer identification number issued to such employer to
the individual, upon request, for purposes of providing the
information under clause (i)(III).
``(II) Requirement to affirmatively state a lack of recent
employment.--An individual providing information under clause
(i)(III) who was not employed in the United States during any
of the 5 most recently completed calendar years shall
affirmatively state on the form described in subsection
(c)(1)(A)(i) that no employer identification number is
provided because the individual was not employed in the
United States during such period.

``(C) Initial response.--Not later than 10 days after an
employer submits an inquiry to the System regarding an
individual, the Secretary shall provide, through the System,
to the employer--
``(i) if the System is able to confirm the individual's
identity and eligibility for employment in the United States,
a confirmation notice, including the appropriate codes on
such confirmation notice; or
``(ii) if the System is unable to confirm the individual's
identity or eligibility for employment in the United States,
and after a secondary manual verification has been conducted,
a tentative nonconfirmation notice, including the appropriate
codes on such tentative nonconfirmation notice.
``(D) Confirmation or nonconfirmation.--
``(i) Confirmation upon initial inquiry.--If an employer
receives a confirmation notice under paragraph (C)(i) for an
individual, the employer shall record, on the form described
in subsection (c)(1)(A)(i), the appropriate code provided in
such notice.
``(ii) Tentative nonconfirmation.--If an employer receives
a tentative nonconfirmation notice under paragraph (C)(ii)
for an individual, the employer shall inform such individual
of the issuance of such notice in writing, on a form
prescribed by the Secretary not later than 3 days after
receiving such notice. Such individual shall acknowledge
receipt of such notice in writing on the form described in
subsection (c)(1)(A)(i).
``(iii) No contest.--If the individual does not contest the
tentative nonconfirmation notice within 10 days of receiving
notice from the individual's employer, the notice shall
become final and the employer shall record on the form
described in subsection (1)(A)(i), the appropriate code
provided through the System to indicate the individual did
not contest the tentative nonconfirmation. An individual's
failure to contest a tentative nonconfirmation shall not be
considered an admission of guilt with respect to any
violation of this Act or any other provision of law.
``(iv) Contest.--If the individual contests the tentative
nonconfirmation notice, the individual shall submit
appropriate information to contest such notice under the
procedures established in subparagraph (E)(iii) not later
than 10 days after receiving the notice from the individual's
employer.
``(v) Effective period of tentative nonconfirmation
notice.--A tentative nonconfirmation notice shall remain in
effect until

[[Page S9935]]

such notice becomes final under clause (iii), or the earlier
of--

``(I) a final confirmation notice or final nonconfirmation
notice is issued through the System; or
``(II) 30 days after the individual contests a tentative
nonconfirmation under clause (iv).

``(vi) Automatic final notice.--

``(I) In general.--If a final notice is not issued within
the 30-day period described in clause (v)(II), the Secretary
shall automatically provide to the employer, through the
System, the appropriate code indicating a final notice.
``(II) Period prior to initial certification.--During the
period beginning on the date of the enactment of the
Comprehensive Immigration Reform Act of 2006 and ending on
the date the Secretary submits the initial report described
in subparagraph (E)(ii), an automatic notice issued under
subclause (I) shall be a final confirmation notice.
``(III) Period after initial certification.--After the date
that the Secretary submits the initial report described in
subparagraph (E)(ii), an automatic notice issued under
subclause (I) shall be a final confirmation notice unless the
most recent such report includes a certification that the
System is able to correctly issue, within the period
beginning on the date an employer submits an inquiry to the
System and ending on the date an automatic default notice
would be issued by the System, a final notice in at least 99
percent of the cases in which the notice relates to an
individual who is eligible for employment in the United
States. If the most recent such report includes such a
certification, the automatic notice issued under subclause
(I) shall be a final nonconfirmation notice.
``(IV) Additional authority.--Notwithstanding the second
sentence of subclause (III), the Secretary shall have the
authority to issue a final confirmation notice for an
individual who would be subject to a final nonconfirmation
notice under such sentence. In such a case, the Secretary
shall determine the individual's eligibility for employment
in the United States and record the results of such
determination in the System within 12 months.

``(vii) Effective period of final notice.--A final
confirmation notice issued under this paragraph for an
individual shall remain in effect--

``(I) during any continuous period of employment of such
individual by such employer, unless the Secretary determines
the final confirmation was the result of identity fraud; or
``(II) in the case of an alien authorized to be employed in
the United States for a temporary period, during such period.

``(viii) Prohibition on termination.--An employer may not
terminate the employment of an individual based on a
tentative nonconfirmation notice until such notice becomes
final under clause (iii) or a final nonconfirmation notice is
issued for the individual by the System. Nothing in this
clause shall prohibit the termination of employment for any
reason other than such tentative nonconfirmation.
``(ix) Recording of contest resolution.--The employer shall
record on the form described in subsection (c)(1)(A)(i) the
appropriate code that is provided through the System to
indicate a final confirmation notice or final nonconfirmation
notice.
``(x) Consequences of nonconfirmation.--If the employer has
received a final nonconfirmation regarding an individual, the
employer shall terminate the employment, recruitment, or
referral of the individual. Such employer shall provide to
the Secretary any information relating to the individual that
the Secretary determines would assist the Secretary in
enforcing or administering the immigration laws. If the
employer continues to employ, recruit, or refer the
individual after receiving final nonconfirmation, a
rebuttable presumption is created that the employer has
violated subsections (a)(1)(A) and (a)(2). Such presumption
may not apply to a prosecution under subsection (f)(1).
``(E) Responsibilities of the secretary.--
``(i) In general.--The Secretary shall establish a
reliable, secure method to provide through the System, within
the time periods required by this subsection--

``(I) a determination of whether the name and alien
identification or authorization number provided in an inquiry
by an employer is consistent with such information maintained
by the Secretary in order to confirm the validity of the
information provided; and
``(II) a determination of whether the individual is
authorized to be employed in the United States.

``(ii) Annual report and certification.--Not later than the
date that is 24 months after the date that not less than
$400,000,000 have been appropriated and made available to the
Secretary to implement this subsection, and annually
thereafter, the Secretary shall submit to Congress a report
that includes--

``(I) an assessment of whether the System is able to
correctly issue, within the period described in subparagraph
(D)(v)(II), a final notice in at least 99 percent of the
cases in which the final notice relates to an individual who
is eligible for employment in the United States (excluding an
individual who fails to contest a tentative nonconfirmation
notice); and
``(II) if the assessment under subclause (I) is that the
System is able to correctly issue within the specified time
period a final notice in at least 99 percent of the cases
described in such subclause, a certification of such
assessment.

``(iii) Contest and self-verification.--The Secretary in
consultation with the Commissioner of Social Security, shall
establish procedures to permit an individual who contests a
tentative or final nonconfirmation notice, or seeks to verify
the individual's own employment eligibility prior to
obtaining or changing employment, to contact the appropriate
agency and, in a timely manner, correct or update the
information used by the System.
``(iv) Information to employee.--The Secretary shall
develop a written form for employers to provide to
individuals who receive a tentative or final nonconfirmation
notice. Such form shall be made available in a language other
than English, as necessary and reasonable, and shall
include--

``(I) information about the reason for such notice;
``(II) the right to contest such notice;
``(III) contact information for the appropriate agency and
instructions for initiating such contest; and
``(IV) a 24-hour toll-free telephone number to respond to
inquiries related to such notice.

``(v) Training materials.--The Secretary shall make
available or provide to the employer, upon request, not later
than 60 days prior to such employer's participation in the
System, appropriate training materials to facilitate
compliance with this subsection, and sections 274B(a)(7) and
274C(a).
``(F) Responsibilities of the commissioner of social
security.--The responsibilities of the Commissioner of Social
Security with respect to the System are set out in section
205(c)(2) of the Social Security Act.
``(9) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(10) Administrative review.--
``(A) In general.--An individual who is terminated from
employment as a result of a final nonconfirmation notice may,
not later than 60 days after the date of such termination,
file an appeal of such notice.
``(B) Procedures.--The Secretary and Commissioner of Social
Security shall develop procedures to review appeals filed
under subparagraph (A) and to make final determinations on
such appeals.
``(C) Review for errors.--If a final determination on an
appeal filed under subparagraph (A) results in a confirmation
of an individual's eligibility to work in the United States,
the administrative review process shall require the Secretary
to determine if the final nonconfirmation notice issued for
the individual was the result of--
``(i) an error or negligence on the part of an employee or
official operating or responsible for the System;
``(ii) the decision rules, processes, or procedures
utilized by the System; or
``(iii) erroneous system information that was not the
result of acts or omissions of the individual.
``(D) Compensation for error.--
``(i) In general.--If the Secretary makes a determination
under subparagraph (C) that the final nonconfirmation notice
issued for an individual was not caused by an act or omission
of the individual, the Secretary shall compensate the
individual for lost wages.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work schedule that
prevailed prior to termination. The individual shall be
compensated for wages lost beginning on the first scheduled
work day after employment was terminated and ending 180 days
after completion of the administrative review process
described in this paragraph or the day after the individual
is reinstated or obtains employment elsewhere, whichever
occurs first.
``(E) Limitation on compensation.--For purposes of
determining an individual's compensation for the loss of
employment, such compensation shall not include any period in
which the individual was ineligible for employment in the
United States.
``(F) Source of funds.--Compensation or reimbursement
provided under this paragraph shall not be provided from
funds appropriated in annual appropriations Acts to the
Secretary for the Department of Homeland Security.
``(11) Judicial review.--
``(A) In general.--After the Secretary makes a final
determination on an appeal filed by an individual under the
administrative review process described in paragraph (10),
the individual may obtain judicial review of such
determination by a civil action commenced not later than 60
days after the date of such decision, or such further time as
the Secretary may allow.
``(B) Jurisdiction.--A civil action for such judicial
review shall be brought in the district court of the United
States for the judicial district in which the plaintiff
resides, or has a principal place of business, or, if the
plaintiff does not reside or have a principal place of
business within any such judicial district, in the District
Court of the United States for the District of Columbia.
``(C) Answer.--As part of the Secretary's answer to a
complaint for such judicial review, the Secretary shall file
a certified copy of the administrative record compiled during
the administrative review under paragraph (10), including the
evidence upon which the findings and decision complained of
are

[[Page S9936]]

based. The court shall have power to enter, upon the
pleadings and transcript of the record, a judgment affirming
or reversing the result of that administrative review, with
or without remanding the cause for a rehearing.
``(D) Compensation for error.--
``(i) In general.--In cases in which such judicial review
reverses the final determination of the Secretary made under
paragraph (10), the court shall compensate the individual for
lost wages.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work scheduled that
prevailed prior to termination. The individual shall be
compensated for wages lost beginning on the first scheduled
work day after employment was terminated and ending 180 days
after completion of the judicial review described in this
paragraph or the day after the individual is reinstated or
obtains employment elsewhere, whichever occurs first.
``(12) Limitation on collection and use of data.--
``(A) Limitation on collection of data.--
``(i) In general.--The System shall collect and maintain
only the minimum data necessary to facilitate the successful
operation of the System, and in no case shall the data be
other than--

``(I) information necessary to register employers under
paragraph (5);
``(II) information necessary to initiate and respond to
inquiries or contests under paragraph (8);
``(III) information necessary to establish and enforce
compliance with paragraphs (5) and (8);
``(IV) information necessary to detect and prevent
employment related identity fraud; and
``(V) such other information the Secretary determines is
necessary, subject to a 180 day notice and comment period in
the Federal Register.

``(ii) Penalties.--Any officer, employee, or contractor who
willfully and knowingly collects and maintains data in the
System other than data described in clause (i) shall be
guilty of a misdemeanor and fined not more than $1,000 for
each violation.
``(B) Limitation on use of data.--Whoever willfully and
knowingly accesses, discloses, or uses any information
obtained or maintained by the System--
``(i) for the purpose of committing identity fraud, or
assisting another person in committing identity fraud, as
defined in section 1028 of title 18, United States Code;
``(ii) for the purpose of unlawfully obtaining employment
in the United States or unlawfully obtaining employment in
the United States for any other person; or
``(iii) for any purpose other than as provided for under
any provision of law;
shall be guilty of a felony and upon conviction shall be
fined under title 18, United States Code, or imprisoned for
not more than 5 years, or both.
``(C) Exceptions.--Nothing in subparagraph (A) or (B) may
be construed to limit the collection, maintenance, or use of
data by the Commissioner of Internal Revenue or the
Commissioner of Social Security as provided by law.
``(13) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection with respect to completion of forms, method
of storage, attestations, copying of documents, signatures,
methods of transmitting information, and other operational
and technical aspects to improve the efficiency, accuracy,
and security of the System.
``(14) Annual gao study and report.--
``(A) Requirement.--The Comptroller General of the United
States shall conduct an annual study of the System.
``(B) Purpose.--The study shall evaluate the accuracy,
efficiency, integrity, and impact of the System.
``(C) Report.--Not later than the date that is 24 months
after the date that not less than $400,000,000 have been
appropriated and made available to the Secretary to implement
this subsection, and annually thereafter, the Comptroller
General shall submit to Congress a report containing the
findings of the study carried out under this paragraph. Each
such report shall include, at a minimum, the following:
``(i) An assessment of the annual report and certification
described in paragraph (8)(E)(ii).
``(ii) An assessment of System performance with respect to
the rate at which individuals who are eligible for employment
in the United States are correctly approved within each of
the periods specified in paragraph (8), including a separate
assessment of such rate for nationals and aliens.
``(iii) An assessment of the privacy and security of the
System and its effects on identity fraud or the misuse of
personal data.
``(iv) An assessment of the effects of the System on the
employment of unauthorized aliens.
``(v) An assessment of the effects of the System, including
the effects of tentative confirmations, on unfair
immigration-related employment practices and employment
discrimination based on national origin or citizenship
status.
``(vi) An assessment of whether the Secretary and the
Commissioner of Social Security have adequate resources to
carry out the duties and responsibilities of this section.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file complaints
regarding potential violations of subsection (a);
``(B) for the investigation of such complaints that the
Secretary determines are appropriate to investigate; and
``(C) for the investigation of other violations of
subsection (a) that the Secretary determines is appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees of the
Department of Homeland Security--
``(i) shall have reasonable access to examine evidence
regarding any employer being investigated; and
``(ii) if designated by the Secretary, may compel by
subpoena the attendance of witnesses and the production of
evidence at any designated place in an investigation or case
under this subsection.
``(B) Failure to cooperate.--In case of refusal to obey a
subpoena lawfully issued under subparagraph (A)(ii), the
Secretary may request that the Attorney General apply in an
appropriate district court of the United States for an order
requiring compliance with such subpoena, and any failure to
obey such order may be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor shall
have the investigative authority provided under section 11(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to
ensure compliance with the provisions of this section.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has reasonable
cause to believe that there has been a violation of a
requirement of this section and determines that further
proceedings related to such violation are warranted, the
Secretary shall issue to the employer concerned a written
notice of the Secretary's intention to issue a claim for a
fine or other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) specify the amount of fines or other penalties to
be imposed;
``(iv) disclose the material facts which establish the
alleged violation; and
``(v) inform such employer that the employer shall have a
reasonable opportunity to make representations as to why a
claim for a monetary or other penalty should not be imposed.
``(B) Remission or mitigation of penalties.--
``(i) Review by secretary.--If the Secretary determines
that such fine or other penalty was incurred erroneously, or
determines the existence of such mitigating circumstances as
to justify the remission or mitigation of such fine or
penalty, the Secretary may remit or mitigate such fine or
other penalty on the terms and conditions as the Secretary
determines are reasonable and just, or order termination of
any proceedings related to the notice.
``(ii) Applicability.--This subparagraph may not apply to
an employer that has or is engaged in a pattern or practice
of violations of paragraph (1), (2), or (3) of subsection (a)
or of any other requirements of this section.
``(C) Penalty claim.--After considering evidence and
representations offered by the employer, the Secretary shall
determine whether there was a violation and promptly issue a
written final determination setting forth the findings of
fact and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized aliens.--
Any employer that violates any provision of paragraph (1),
(2), or (3) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of not less than $500 and not
more than $4,000 for each unauthorized alien with respect to
each such violation.
``(ii) If the employer has previously been fined 1 time
during the 12-month period preceding the violation under this
subparagraph, pay a civil penalty of not less than $4,000 and
not more than $10,000 for each unauthorized alien with
respect to each such violation.
``(iii) If the employer has previously been fined more than
1 time during the 24-month period preceding the violation
under this subparagraph or has failed to comply with a
previously issued and final order related to any such
provision, pay a civil penalty of not less than $6,000 and
not more than $20,000 for each unauthorized alien with
respect to each such violation.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with the
recordkeeping requirements of subsections (a), (c), and (d),
shall pay a civil penalty as follows:
``(i) Pay a civil penalty of not less than $200 and not
more than $2,000 for each such violation.
``(ii) If the employer has previously been fined 1 time
during the 12-month period preceding the violation under this
subparagraph, pay a civil penalty of not less than $400 and
not more than $4,000 for each such violation.
``(iii) If the employer has previously been fined more than
1 time during the 24-month period preceding the violation
under this subparagraph or has failed to comply with a
previously issued and final order related to

[[Page S9937]]

such requirements, pay a civil penalty of not less than $600
and not more than $6,000 for each such violation.
``(C) Other penalties.--Notwithstanding subparagraphs (A)
and (B), the Secretary may impose additional penalties for
violations, including violations of cease and desist orders,
specially designed compliance plans to prevent further
violations, suspended fines to take effect in the event of a
further violation, and in appropriate cases, the criminal
penalty described in subsection (f).
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 45 days after the date the
final determination is issued, file a petition in any
appropriate district court of the United States. The filing
of a petition as provided in this paragraph shall stay the
Secretary's determination until entry of judgment by the
court. The burden shall be on the employer to show that the
final determination was not supported by substantial
evidence. The Secretary is authorized to require that the
petitioner provide, prior to filing for review, security for
payment of fines and penalties through bond or other
guarantee of payment acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that
employer under this subsection, and the final determination
is not subject to review as provided in paragraph (5), the
Attorney General may file suit to enforce compliance with the
final determination, not earlier than 46 days and not later
than 180 days after the date the final determination is
issued, in any appropriate district court of the United
States. In any such suit, the validity and appropriateness of
the final determination shall not be subject to review.
``(7) Recovery of costs and attorney's fees.--In any appeal
brought under paragraph (5) or suit brought under paragraph
(6) of this section the employer shall be entitled to recover
from the Secretary reasonable costs and attorney's fees if
such employer substantially prevails on the merits of the
case. Such an award of attorney's fees may not exceed
$25,000. Any such costs and attorney's fees assessed against
the Secretary shall be charged against the operating expenses
of the Department for the fiscal year in which the assessment
is made, and may not be reimbursed from any other source.
``(f) Criminal Penalties and Injunctions for Pattern or
Practice Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $20,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 3 years for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice
of employment, recruitment, or referral in violation of
paragraph (1)(A) or (2) of subsection (a), the Attorney
General may bring a civil action in the appropriate district
court of the United States requesting a permanent or
temporary injunction, restraining order, or other order
against the employer, as the Secretary deems necessary.
``(g) Adjustment for Inflation.--All penalties and
limitations on the recovery of costs and attorney's fees in
this section shall be increased every 4 years beginning
January 2010 to reflect the percentage increase in the
consumer price index for all urban consumers (all items; U.S.
city average) for the 48 month period ending with September
of the year preceding the year such adjustment is made. Any
adjustment under this subparagraph shall be rounded to the
nearest dollar.
``(h) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referring for a fee, of an individual,
to require the individual to post a bond or security, to pay
or agree to pay an amount, or otherwise to provide a
financial guarantee or indemnity, against any potential
liability arising under this section relating to such hiring,
recruiting, or referring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1)
of this subsection shall be subject to a civil penalty of
$10,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of
such paragraph to the employee or, if the employee cannot be
located, to the Employer Compliance Fund established under
section 286(w).
``(i) Prohibition on Award of Government Contracts, Grants,
and Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold a
Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of this
section or is convicted of a crime under this section, the
employer shall be debarred from the receipt of a Federal
contract, grant, or cooperative agreement for a period of 5
years. The Secretary or the Attorney General shall advise the
Administrator of General Services of such a debarment, and
the Administrator of General Services shall list the employer
on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs for a period of 5 years.
``(B) Waiver.--The Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive operation of this subsection or may limit the duration
or scope of the debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is determined
by the Secretary to be a repeat violator of this section or
is convicted of a crime under this section, shall be debarred
from the receipt of new Federal contracts, grants, or
cooperative agreements for a period of 5 years.
``(B) Notice to agencies.--Prior to debarring the employer
under subparagraph (A), the Secretary, in cooperation with
the Administrator of General Services, shall advise any
agency or department holding a contract, grant, or
cooperative agreement with the employer of the Government's
intention to debar the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of 5 years.
``(C) Waiver.--After consideration of the views of any
agency or department that holds a contract, grant, or
cooperative agreement with the employer, the Secretary may,
in lieu of debarring the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of 5 years, waive operation of this subsection, limit
the duration or scope of the debarment, or may refer to an
appropriate lead agency the decision of whether to debar the
employer, for what duration, and under what scope in
accordance with the procedures and standards prescribed by
the Federal Acquisition Regulation. However, any proposed
debarment predicated on an administrative determination of
liability for civil penalty by the Secretary or the Attorney
General shall not be reviewable in any debarment proceeding.
The decision of whether to debar or take alternate action
under this subparagraph shall not be judicially reviewed.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered
a cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(j) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens eligible to be
employed in the United States, the Secretary shall provide
that any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement (other than aliens lawfully
admitted for permanent residence).
``(2) Preemption.--The provisions of this section preempt
any State or local law imposing civil or criminal sanctions
(other than through licensing and similar laws) upon those
who employ, or recruit or refer for a fee for employment,
unauthorized aliens.
``(k) Deposit of Amounts Received.--Except as otherwise
specified, civil penalties collected under this section shall
be deposited by the Secretary into the Employer Compliance
Fund established under section 286(w).
``(l) Definitions.--In this section:
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring, recruiting, or referring an individual for
employment in the United States.
``(2) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(3) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent residence;
or
``(B) authorized to be so employed by this Act or by the
Secretary.''.
(b) Conforming Amendments.--
(1) Amendments.--
(A) Repeal of basic pilot.--Sections 401, 402, 403, 404,
and 405 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) are repealed.
(B) Repeal of reporting requirements.--
(i) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
(ii) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1360 note) is
repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under sections 401,
402, 403, 404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1324a note) in the Electronic
Employment Verification System established pursuant to such
subsection (d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1)
(8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)''
and inserting ``274A''.

[[Page S9938]]

(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by striking
``274A(b)'' and inserting ``274A(c) and (d)''; and
(B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)''
and inserting ``274A(c)''.
(d) Amendments to the Social Security Act.--Section
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is
amended by adding at the end the following new subparagraphs:
``(I)(i) The Commissioner of Social Security shall, subject
to the provisions of section 301(f)(2) of the Comprehensive
Immigration Reform Act of 2006, establish a reliable, secure
method to provide through the Electronic Employment
Verification System established pursuant to subsection (d) of
section 274A of the Immigration and Nationality Act (referred
to in this subparagraph as the `System'), within the time
periods required by paragraph (8) of such subsection--
``(I) a determination of whether the name, date of birth,
employer identification number, and social security account
number of an individual provided in an inquiry made to the
System by an employer is consistent with such information
maintained by the Commissioner in order to confirm the
validity of the information provided;
``(II) a determination of the citizenship status associated
with such name and social security account number, according
to the records maintained by the Commissioner;
``(III) a determination of whether the name and number
belongs to an individual who is deceased, according to the
records maintained by the Commissioner;
``(IV) a determination of whether the name and number is
blocked in accordance with clause (ii); and
``(V) a confirmation notice or a nonconfirmation notice
described in such paragraph (8), in a manner that ensures
that other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(ii) The Commissioner of Social Security shall prevent
the fraudulent or other misuse of a social security account
number by establishing procedures under which an individual
who has been assigned a social security account number may
block the use of such number under the System and remove such
block.
``(J) In assigning social security account numbers to
aliens who are authorized to work in the United States under
section 218A of the Immigration and Nationality Act, the
Commissioner of Social Security shall, to the maximum extent
practicable, assign such numbers by employing the enumeration
procedure administered jointly by the Commissioner, the
Secretary of State, and the Secretary.''.
(e) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(21) Disclosure of certain taxpayer identity information
by social security administration to department of homeland
security.--
``(A) In general.--From taxpayer identity information which
has been disclosed to the Social Security Administration and
upon written request by the Secretary of Homeland Security,
the Commissioner of Social Security shall disclose directly
to officers, employees, and contractors of the Department of
Homeland Security the following information:
``(i) Disclosure of employer no-match notices.--Taxpayer
identity information of each person who has filed an
information return required by reason of section 6051 during
calendar year 2006, 2007, or 2008 which contains--

``(I) more than 100 names and taxpayer identifying numbers
of employees (within the meaning of such section) that did
not match the records maintained by the Commissioner of
Social Security, or
``(II) more than 10 names of employees (within the meaning
of such section) with the same taxpayer identifying number.

``(ii) Disclosure of information regarding use of duplicate
employee taxpayer identifying information.--Taxpayer identity
information of each person who has filed an information
return required by reason of section 6051 which the
Commissioner of Social Security has reason to believe, based
on a comparison with information submitted by the Secretary
of Homeland Security, contains evidence of identity fraud due
to the multiple use of the same taxpayer identifying number
(assigned under section 6109) of an employee (within the
meaning of section 6051).
``(iii) Disclosure of information regarding
nonparticipating employers.--Taxpayer identity information of
each person who has filed an information return required by
reason of section 6051 which the Commissioner of Social
Security has reason to believe, based on a comparison with
information submitted by the Secretary of Homeland Security,
contains evidence of such person's failure to register and
participate in the Electronic Employment Verification System
authorized under section 274A(d) of the Immigration and
Nationality Act (hereafter in this paragraph referred to as
the `System').
``(iv) Disclosure of information regarding new employees of
nonparticipating employers.--Taxpayer identity information of
all employees (within the meaning of section 6051) hired
after the date a person identified in clause (iii) is
required to participate in the System under section
274A(d)(2) or section 274A(d)(3)(B) of the Immigration and
Nationality Act.
``(v) Disclosure of information regarding employees of
certain designated employers.--Taxpayer identity information
of all employees (within the meaning of section 6051) of each
person who is required to participate in the System under
section 274A(d)(3)(B) of the Immigration and Nationality Act.
``(vi) Disclosure of new hire taxpayer identity
information.--Taxpayer identity information of each person
participating in the System and taxpayer identity information
of all employees (within the meaning of section 6051) of such
person hired during the period beginning with the later of--

``(I) the date such person begins to participate in the
System, or
``(II) the date of the request immediately preceding the
most recent request under this clause,

ending with the date of the most recent request under this
clause.
``(B) Restriction on disclosure.--The Commissioner of
Social Security shall disclose taxpayer identity information
under subparagraph (A) only for purposes of, and to the
extent necessary in--
``(i) establishing and enforcing employer participation in
the System,
``(ii) carrying out, including through civil administrative
and civil judicial proceedings, of sections 212, 217, 235,
237, 238, 274A, 274B, and 274C of the Immigration and
Nationality Act, and
``(iii) the civil operation of the Alien Terrorist Removal
Court.
``(C) Reimbursement.--The Commissioner of Social Security
shall prescribe a reasonable fee schedule for furnishing
taxpayer identity information under this paragraph and
collect such fees in advance from the Secretary of Homeland
Security.
``(D) Termination.--This paragraph shall not apply to any
request made after the date which is 3 years after the date
of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--
(A) In general.--Section 6103(p) of such Code is amended by
adding at the end the following new paragraph:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless such Department, to
the satisfaction of the Secretary--
``(A) has requirements in effect which require each such
contractor which would have access to returns or return
information to provide safeguards (within the meaning of
paragraph (4)) to protect the confidentiality of such returns
or return information,
``(B) agrees to conduct an on-site review every 3 years
(mid-point review in the case of contracts or agreements of
less than 1 year in duration) of each contractor to determine
compliance with such requirements,
``(C) submits the findings of the most recent review
conducted under subparagraph (B) to the Secretary as part of
the report required by paragraph (4)(E), and
``(D) certifies to the Secretary for the most recent annual
period that such contractor is in compliance with all such
requirements.
``The certification required by subparagraph (D) shall
include the name and address of each contractor, a
description of the contract or agreement with such
contractor, and the duration of such contract or
agreement.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended by adding
at the end the following new sentence: ``The Commissioner of
Social Security shall provide to the Secretary such
information as the Secretary may require in carrying out this
paragraph with respect to return information inspected or
disclosed under the authority of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it appears and
inserting ``(17), or (21)'', and
(ii) by striking ``or (20)'' each place it appears and
inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended by
inserting ``or paragraph (9)'' after ``subparagraph (A)''.
(E) Section 7213(a)(2) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out the
amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in this
title or the amendments made by this title, but only to the
extent the Secretary has provided, in advance, funds to cover
the Commissioner's full costs in carrying out such
responsibilities. In no case shall funds from the Federal
Old-Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund be used to carry out such
responsibilities.
(g) Effective Dates.--

[[Page S9939]]

(1) In general.--The amendments made by subsections (a),
(b), (c), and (d) shall take effect on the date that is 180
days after the date of the enactment of this Act.
(2) Subsection (e).--
(A) In general.--The amendments made by subsection (e)
shall apply to disclosures made after the date of the
enactment of this Act.
(B) Certifications.--The first certification under section
6103(p)(9)(D) of the Internal Revenue Code of 1986, as added
by subsection (e)(2), shall be made with respect to calendar
year 2007.

SEC. 302. EMPLOYER COMPLIANCE FUND.

Section 286 (8 U.S.C. 1356) is amended by adding at the end
the following new subsection:
``(w) Employer Compliance Fund.--
``(1) In general.--There is established in the general fund
of the Treasury, a separate account, which shall be known as
the `Employer Compliance Fund' (referred to in this
subsection as the `Fund').
``(2) Deposits.--There shall be deposited as offsetting
receipts into the Fund all civil monetary penalties collected
by the Secretary of Homeland Security under section 274A.
``(3) Purpose.--Amounts refunded to the Secretary from the
Fund shall be used for the purposes of enhancing and
enforcing employer compliance with section 274A.
``(4) Availability of funds.--Amounts deposited into the
Fund shall remain available until expended and shall be
refunded out of the Fund by the Secretary of the Treasury, at
least on a quarterly basis, to the Secretary of Homeland
Security.''.

SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION
AGENTS.

(a) Increase in Number of Personnel.--The Secretary shall,
subject to the availability of appropriations for such
purpose, annually increase, by not less than 2,200, the
number of personnel of the Bureau of Immigration and Customs
Enforcement during the 5-year period beginning on the date of
the enactment of this Act.
(b) Use of Personnel.--The Secretary shall ensure that not
less than 25 percent of all the hours expended by personnel
of the Bureau of Immigration and Customs Enforcement shall be
used to enforce compliance with sections 274A and 274C of the
Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2007 through 2011 such sums as may be necessary to
carry out this section.

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR
MISREPRESENTATION.

Section 212(a)(6)(C)(ii)(I) (8 U.S.C.
1182(a)(6)(C)(ii)(I)), is amended by striking ``citizen'' and
inserting ``national''.

SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

(a) Application of Prohibition of Discrimination to
Verification System.--Section 274B(a)(1) (8 U.S.C.
1324b(a)(1)) is amended by inserting ``, the verification of
the individual's work authorization through the Electronic
Employment Verification System described in section
274A(d),'' after ``the individual for employment''.
(b) Classes of Aliens as Protected Individuals.--Section
274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as
follows:
``(B) is an alien who is--
``(i) lawfully admitted for permanent residence;
``(ii) granted the status of an alien lawfully admitted for
temporary residence under section 210(a) or 245(a)(1);
``(iii) admitted as a refugee under section 207;
``(iv) granted asylum under section 208;
``(v) granted the status of a nonimmigrant under section
101(a)(15)(H)(ii)(c);
``(vi) granted temporary protected status under section
244; or
``(vii) granted parole under section 212(d)(5).''.
(c) Requirements for Electronic Employment Verification.--
Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at
the end the following:
``(7) Antidiscrimination requirements of the electronic
employment verification system.--It is an unfair immigration-
related employment practice for a person or other entity, in
the course of the electronic verification process described
in section 274A(d)--
``(A) to terminate or undertake any adverse employment
action due to a tentative nonconfirmation;
``(B) to use the verification system for screening of an
applicant prior to an offer of employment;
``(C) except as described in section 274A(d)(3)(B), to use
the verification system for a current employee after the
first 3 days of employment, or for the reverification of an
employee after the employee has satisfied the process
described in section 274A(d); or
``(D) to require an individual to make an inquiry under the
self-verification procedures established in section
274A(d)(8)(E)(iii).''.
(d) Increase in Civil Money Penalties.--Section 274B(g)(2)
(8 U.S.C. 1324b(g)(2)) is amended--
(1) in subparagraph (B)(iv)--
(A) in subclause (I), by striking ``$250 and not more than
$2,000'' and inserting ``$1,000 and not more than $4,000'';
(B) in subclause (II), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000'';
(C) in subclause (III), by striking ``$3,000 and not more
than $10,000'' and inserting ``$6,000 and not more than
$20,000''; and
(D) in subclause (IV), by striking ``$100 and not more than
$1,000'' and inserting ``$500 and not more than $5,000''.
(e) Increased Funding of Information Campaign.--Section
274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting
``and an additional $40,000,000 for each of fiscal years 2007
through 2009'' before the period at the end.
(f) Effective Date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of the enactment of this Act and shall apply to violations
occurring on or after such date.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

SEC. 401. IMMIGRATION IMPACT STUDY.

(a) Effective Date.--Any regulation that would increase the
number of aliens who are eligible for legal status may not
take effect before 90 days after the date on which the
Director of the Bureau of the Census submits a report to
Congress under subsection (c).
(b) Study.--The Director of the Bureau of the Census,
jointly with the Secretary, the Secretary of Agriculture, the
Secretary of Education, the Secretary of Energy, the
Secretary of Health and Human Services, the Secretary of
Housing and Urban Development, the Secretary of the Interior,
the Secretary of Labor, the Secretary of Transportation, the
Secretary of the Treasury, the Attorney General, and the
Administrator of the Environmental Protection Agency, shall
undertake a study examining the impacts of the current and
proposed annual grants of legal status, including immigrant
and nonimmigrant status, along with the current level of
illegal immigration, on the infrastructure of and quality of
life in the United States.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Bureau of the
Census shall submit to Congress a report on the findings of
the study required by subsection (b), including the following
information:
(1) An estimate of the total legal and illegal immigrant
populations of the United States, as they relate to the total
population.
(2) The projected impact of legal and illegal immigration
on the size of the population of the United States over the
next 50 years, which regions of the country are likely to
experience the largest increases, which small towns and rural
counties are likely to lose their character as a result of
such growth, and how the proposed regulations would affect
these projections.
(3) The impact of the current and projected foreign-born
populations on the natural environment, including the
consumption of nonrenewable resources, waste production and
disposal, the emission of pollutants, and the loss of habitat
and productive farmland, an estimate of the public
expenditures required to maintain current standards in each
of these areas, the degree to which current standards will
deteriorate if such expenditures are not forthcoming, and the
additional effects the proposed regulations would have.
(4) The impact of the current and projected foreign-born
populations on employment and wage rates, particularly in
industries such as agriculture and services in which the
foreign born are concentrated, an estimate of the associated
public costs, and the additional effects the proposed
regulations would have.
(5) The impact of the current and projected foreign-born
populations on the need for additions and improvements to the
transportation infrastructure of the United States, an
estimate of the public expenditures required to meet this
need, the impact on Americans' mobility if such expenditures
are not forthcoming, and the additional effect the proposed
regulations would have.
(6) The impact of the current and projected foreign-born
populations on enrollment, class size, teacher-student
ratios, and the quality of education in public schools, an
estimate of the public expenditures required to maintain
current median standards, the degree to those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(7) The impact of the current and projected foreign-born
populations on home ownership rates, housing prices, and the
demand for low-income and subsidized housing, the public
expenditures required to maintain current median standards in
these areas, the degree to which those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(8) The impact of the current and projected foreign-born
populations on access to quality health care and on the cost
of health care and health insurance, an estimate of the
public expenditures required to maintain current median
standards, the degree to which those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(9) The impact of the current and projected foreign-born
populations on the criminal justice system in the United
States, an estimate of the associated public costs, and the
additional effect the proposed regulations would have.

[[Page S9940]]

SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

(a) Temporary Worker Category.--Section 101(a)(15)(H) (8
U.S.C. 1101(a)(15)(H)) is amended to read as follows:
``(H) an alien--
``(i)(b) subject to section 212(j)(2)--

``(aa) who is coming temporarily to the United States to
perform services (other than services described in clause
(ii)(a) or subparagraph (O) or (P)) in a specialty occupation
described in section 214(i)(1) or as a fashion model;
``(bb) who meets the requirements for the occupation
specified in section 214(i)(2) or, in the case of a fashion
model, is of distinguished merit and ability; and
``(cc) with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security that the intending employer has filed an application
with the Secretary in accordance with section 212(n)(1);

``(b1)(aa) who is entitled to enter the United States under
the provisions of an agreement listed in section
214(g)(8)(A);
``(bb) who is engaged in a specialty occupation described
in section 214(i)(3); and
``(cc) with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security and the Secretary of State that the intending
employer has filed an attestation with the Secretary of Labor
in accordance with section 212(t)(1); or
``(c)(aa) who is coming temporarily to the United States to
perform services as a registered nurse;
``(bb) who meets the qualifications described in section
212(m)(1); and
``(cc) with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security that an unexpired attestation is on file and in
effect under section 212(m)(2) for the facility (as defined
in section 212(m)(6)) for which the alien will perform the
services; or
``(ii)(a) who--

``(aa) has a residence in a foreign country which the alien
has no intention of abandoning; and
``(bb) is coming temporarily to the United States to
perform agricultural labor or services (as defined by the
Secretary of Labor), including agricultural labor (as defined
in section 3121(g) of the Internal Revenue Code of 1986),
agriculture (as defined in section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f))), and the pressing
of apples for cider on a farm, of a temporary or seasonal
nature;

``(b) who--

``(aa) has a residence in a foreign country which the alien
has no intention of abandoning;
``(bb) is coming temporarily to the United States to
perform nonagricultural work or services of a temporary or
seasonal nature (if unemployed persons capable of performing
such work or services cannot be found in the United States),
excluding medical school graduates coming to the United
States to perform services as members of the medical
profession; or

``(c) who--

``(aa) has a residence in a foreign country which the alien
has no intention of abandoning;
``(bb) is coming temporarily to the United States to
perform temporary labor or services other than the labor or
services described in clause (i)(b), (i)(c), (ii)(a), or
(iii), or subparagraph (L), (O), (P), or (R) (if unemployed
persons capable of performing such labor or services cannot
be found in the United States); and
``(cc) meets the requirements of section 218A, including
the filing of a petition under such section on behalf of the
alien;

``(iii) who--

``(a) has a residence in a foreign country which the alien
has no intention of abandoning; and
``(b) is coming temporarily to the United States as a
trainee (other than to receive graduate medical education or
training) in a training program that is not designed
primarily to provide productive employment; or

``(iv) who--

``(a) is the spouse or a minor child of an alien described
in this subparagraph; and
``(b) is accompanying or following to join such alien.''.

(b) Effective Date and Application.--The amendment made by
subsection (a) shall take effect on the date that is 18
months after the date that not less than $400,000,000 have
been appropriated and made available to the Secretary to
implement the Electronic Employment Verification System
established under 274A(d) of the Immigration and Nationality
Act, as amended by section 301(a), with respect to aliens,
who, on such effective date, are outside of the United
States.

SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

(a) Temporary Guest Workers.--
(1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et
seq.) is amended by inserting after section 218 the
following:

``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

``(a) Authorization.--The Secretary of State may grant a
temporary visa to an H-2C nonimmigrant who demonstrates an
intent to perform labor or services in the United States
(other than the labor or services described in clause (i)(b)
or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O),
(P), or (R)) of section 101(a)(15).
``(b) Requirements for Admission.--An alien shall be
eligible for H-2C nonimmigrant status if the alien meets the
following requirements:
``(1) Eligibility to work.--The alien shall establish that
the alien is capable of performing the labor or services
required for an occupation under section
101(a)(15)(H)(ii)(c).
``(2) Evidence of employment.--The alien shall establish
that the alien has received a job offer from an employer who
has complied with the requirements of 218B.
``(3) Fee.--The alien shall pay a $500 visa issuance fee in
addition to the cost of processing and adjudicating such
application. Nothing in this paragraph shall be construed to
affect consular procedures for charging reciprocal fees.
``(4) Medical examination.--The alien shall undergo a
medical examination (including a determination of
immunization status), at the alien's expense, that conforms
to generally accepted standards of medical practice.
``(5) Application content and waiver.--
``(A) Application form.--The alien shall submit to the
Secretary a completed application, on a form designed by the
Secretary of Homeland Security, including proof of evidence
of the requirements under paragraphs (1) and (2).
``(B) Content.--In addition to any other information that
the Secretary requires to determine an alien's eligibility
for H-2C nonimmigrant status, the Secretary shall require an
alien to provide information concerning the alien's--
``(i) physical and mental health;
``(ii) criminal history and gang membership;
``(iii) immigration history; and
``(iv) involvement with groups or individuals that have
engaged in terrorism, genocide, persecution, or who seek the
overthrow of the United States Government.
``(C) Knowledge.--The alien shall include with the
application submitted under this paragraph a signed
certification in which the alien certifies that--
``(i) the alien has read and understands all of the
questions and statements on the application form;
``(ii) the alien certifies under penalty of perjury under
the laws of the United States that the application, and any
evidence submitted with it, are all true and correct; and
``(iii) the applicant authorizes the release of any
information contained in the application and any attached
evidence for law enforcement purposes.
``(c) Grounds of Inadmissibility.--
``(1) In general.--In determining an alien's admissibility
as an H-2C nonimmigrant--
``(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of
section 212(a) may be waived for conduct that occurred before
the effective date of the Comprehensive Immigration Reform
Act of 2006;
``(B) the Secretary of Homeland Security may not waive the
application of--
``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of
section 212(a)(2) (relating to criminals);
``(ii) section 212(a)(3) (relating to security and related
grounds); or
``(iii) subparagraph (A), (C) or (D) of section 212(a)(10)
(relating to polygamists and child abductors); and
``(C) for conduct that occurred before the date of the
enactment of the Comprehensive Immigration Reform Act of
2006, the Secretary of Homeland Security may waive the
application of any provision of section 212(a) not listed in
subparagraph (B) on behalf of an individual alien--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if such a waiver is otherwise in the public
interest.
``(2) Renewal of authorized admission and subsequent
admissions.--An alien seeking renewal of authorized admission
or subsequent admission as an H-2C nonimmigrant shall
establish that the alien is not inadmissible under section
212(a).
``(d) Background Checks.--The Secretary of Homeland
Security shall not admit, and the Secretary of State shall
not issue a visa to, an alien seeking H-2C nonimmigrant
status unless all appropriate background checks have been
completed.
``(e) Ineligible To Change Nonimmigrant Classification.--An
H-2C nonimmigrant may not change nonimmigrant classification
under section 248.
``(f) Period of Authorized Admission.--
``(1) Authorized period and renewal.--The initial period of
authorized admission as an H-2C nonimmigrant shall be 3
years, and the alien may seek 1 extension for an additional
3-year period.
``(2) International commuters.--An alien who resides
outside the United States and commutes into the United States
to work as an H-2C nonimmigrant, is not subject to the time
limitations under paragraph (1).
``(3) Loss of employment.--
``(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;

[[Page S9941]]

``(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.

``(B) Return to foreign residence.--Any alien whose period
of authorized admission terminates under subparagraph (A)
shall be required to leave the United States.
``(C) Period of visa validity.--Any alien, whose period of
authorized admission terminates under subparagraph (A), who
leaves the United States under subparagraph (B), may reenter
the United States as an H-2C nonimmigrant to work for an
employer, if the alien has complied with the requirements of
subsection (b). The Secretary may, in the Secretary's sole
and unreviewable discretion, reauthorize such alien for
admission as an H-2C nonimmigrant without requiring the
alien's departure from the United States.
``(4) Visits outside united states.--
``(A) In general.--Under regulations established by the
Secretary of Homeland Security, an H-2C nonimmigrant--
``(i) may travel outside of the United States; and
``(ii) may be readmitted without having to obtain a new
visa if the period of authorized admission has not expired.
``(B) Effect on period of authorized admission.--Time spent
outside the United States under subparagraph (A) shall not
extend the period of authorized admission in the United
States.
``(5) Bars to extension or admission.--An alien may not be
granted H-2C nonimmigrant status, or an extension of such
status, if--
``(A) the alien has violated any material term or condition
of such status granted previously, including failure to
comply with the change of address reporting requirements
under section 265;
``(B) the alien is inadmissible as a nonimmigrant; or
``(C) the granting of such status or extension of such
status would allow the alien to exceed 6 years as an H-2C
nonimmigrant, unless the alien has resided and been
physically present outside the United States for at least 1
year after the expiration of such H-2C nonimmigrant status.
``(g) Evidence of Nonimmigrant Status.--Each H-2C
nonimmigrant shall be issued documentary evidence of
nonimmigrant status, which--
``(1) shall be machine-readable, tamper-resistant, and
allow for biometric authentication;
``(2) shall be designed in consultation with the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement;
``(3) shall, during the alien's authorized period of
admission under subsection (f), serve as a valid entry
document for the purpose of applying for admission to the
United States--
``(A) instead of a passport and visa if the alien--
``(i) is a national of a foreign territory contiguous to
the United States; and
``(ii) is applying for admission at a land border port of
entry; and
``(B) in conjunction with a valid passport, if the alien is
applying for admission at an air or sea port of entry;
``(4) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B); and
``(5) shall be issued to the H-2C nonimmigrant by the
Secretary of Homeland Security promptly after the final
adjudication of such alien's application for H-2C
nonimmigrant status.
``(h) Penalty for Failure To Depart.--If an H-2C
nonimmigrant fails to depart the United States before the
date which is 10 days after the date that the alien's
authorized period of admission as an H-2C nonimmigrant
terminates, the H-2C nonimmigrant may not apply for or
receive any immigration relief or benefit under this Act or
any other law, except for relief under sections 208 and
241(b)(3) and relief under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
for an alien who indicates either an intention to apply for
asylum under section 208 or a fear of persecution or torture.
``(i) Penalty for Illegal Entry or Overstay.--Any alien who
enters, attempts to enter, or crosses the border after the
date of the enactment of this section, and is physically
present in the United States after such date in violation of
this Act or of any other Federal law, may not receive, for a
period of 10 years--
``(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)).
``(j) Portability.--A nonimmigrant alien described in this
section, who was previously issued a visa or otherwise
provided H-2C nonimmigrant status, may accept a new offer of
employment with a subsequent employer, if--
``(1) the employer complies with section 218B; and
``(2) the alien, after lawful admission to the United
States, did not work without authorization.
``(k) Change of Address.--An H-2C nonimmigrant shall comply
with the change of address reporting requirements under
section 265 through either electronic or paper notification.
``(l) Collection of Fees.--All fees collected under this
section shall be deposited in the Treasury in accordance with
section 286(c).
``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and
Children.--
``(1) In general.--The alien spouse and children of an H-2C
nonimmigrant (referred to in this section as `dependent
aliens') who are accompanying or following to join the H-2C
nonimmigrant may be issued nonimmigrant visas under section
101(a)(15)(H)(iv).
``(2) Requirements for admission.--A dependent alien is
eligible for nonimmigrant status under 101(a)(15)(H)(iv) if
the dependent alien meets the following requirements:
``(A) Eligibility.--The dependent alien is admissible as a
nonimmigrant and does not fall within a class of aliens
ineligible for H-4A nonimmigrant status listed under
subsection (c).
``(B) Medical examination.--Before a nonimmigrant visa is
issued to a dependent alien under this subsection, the
dependent alien shall submit to a medical examination
(including a determination of immunization status) at the
alien's expense, that conforms to generally accepted
standards of medical practice.
``(C) Background checks.--Before a nonimmigrant visa is
issued to a dependent alien under this section, the consular
officer shall conduct such background checks as the Secretary
of State, in consultation with the Secretary of Homeland
Security, considers appropriate.
``(n) Definitions.--In this section and sections 218B,
218C, and 218D:
``(1) Aggrieved person.--term `aggrieved person' means a
person adversely affected by an alleged violation of this
section, including--
``(A) a worker whose job, wages, or working conditions are
adversely affected by the violation; and
``(B) a representative for workers whose jobs, wages, or
working conditions are adversely affected by the violation
who brings a complaint on behalf of such worker.
``(2) Area of employment.--The terms `area of employment'
and `area of intended employment' mean the area within normal
commuting distance of the worksite or physical location at
which the work of the temporary worker is or will be
performed. If such worksite or location is within a
Metropolitan Statistical Area, any place within such area is
deemed to be within the area of employment.
``(3) Eligible individual.--The term `eligible individual'
means, with respect to employment, an individual who is not
an unauthorized alien (as defined in section 274A) with
respect to that employment.
``(4) Employ; employee; employer.--The terms `employ',
`employee', and `employer' have the meanings given such terms
in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
``(5) Foreign labor contractor.--The term `foreign labor
contractor' means any person who for any compensation or
other valuable consideration paid or promised to be paid,
performs any foreign labor contracting activity.
``(6) Foreign labor contracting activity.--The term
`foreign labor contracting activity' means recruiting,
soliciting, hiring, employing, or furnishing, an individual
who resides outside of the United States for employment in
the United States as a nonimmigrant alien described in
section 101(a)(15)(H)(ii)(c).
``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant'
means a nonimmigrant described in section
101(a)(15)(H)(ii)(c).
``(8) Separation from employment.--The term `separation
from employment' means the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a grant or
contract. The term does not include any situation in which
the worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the same
employer at equivalent or higher compensation and benefits
than the position from which the employee was discharged,
regardless of whether the employee accepts the offer. Nothing
in this paragraph shall limit an employee's rights under a
collective bargaining agreement or other employment contract.
``(9) United states worker.--The term `United States
worker' means an employee who is--
``(A) a citizen or national of the United States; or
``(B) an alien who is--
``(i) lawfully admitted for permanent residence;
``(ii) admitted as a refugee under section 207;
``(iii) granted asylum under section 208; or
``(iv) otherwise authorized, under this Act or by the
Secretary of Homeland Security, to be employed in the United
States.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 218
the following:

``Sec. 218A. Admission of temporary H-2C workers''.

SEC. 404. EMPLOYER OBLIGATIONS.

(a) In General.--Title II (8 U.S.C. 1201 et seq.) is
amended by inserting after section 218A, as added by section
403, the following:

[[Page S9942]]

``SEC. 218B. EMPLOYER OBLIGATIONS.

``(a) General Requirements.--Each employer who employs an
H-2C nonimmigrant shall--
``(1) file a petition in accordance with subsection (b);
and
``(2) pay the appropriate fee, as determined by the
Secretary of Labor.
``(b) Required Procedure.--Except where the Secretary of
Labor has determined that there is a shortage of United
States workers in the occupation and area of intended
employment to which the H-2C nonimmigrant is sought--
``(1) Efforts to recruit united states workers.--During the
period beginning not later than 90 days prior to the date on
which a petition is filed under subsection (a)(1), and ending
on the date that is 14 days prior to the date on which the
petition is filed, the employer involved shall take the
following steps to recruit United States workers for the
position for which the H-2C nonimmigrant is sought under the
petition:
``(A) Submit a copy of the job opportunity, including a
description of the wages and other terms and conditions of
employment and the minimum education, training, experience
and other requirements of the job, to the State Employment
Service Agency that serves the area of employment in the
State in which the employer is located.
``(B) Authorize the State Employment Service Agency to post
the job opportunity on the Internet through the website for
America's Job Bank, with local job banks, and with
unemployment agencies and other labor referral and
recruitment sources pertinent to the job involved.
``(C) Authorize the State Employment Service Agency to
notify labor organizations in the State in which the job is
located, and if applicable, the office of the local union
which represents the employees in the same or substantially
equivalent job classification of the job opportunity.
``(D) Post the availability of the job opportunity for
which the employer is seeking a worker in conspicuous
locations at the place of employment for all employees to
see.
``(2) Efforts to employ united states workers.--An employer
that seeks to employ an H-2C nonimmigrant shall--
``(A) first offer the job to any eligible United States
worker who applies, is qualified for the job and is available
at the time of need, notwithstanding any other valid
employment criteria.
``(c) Petition.--A petition to hire an H-2C nonimmigrant
under this section shall include an attestation by the
employer of the following:
``(1) Protection of united states workers.--The employment
of an H-2C nonimmigrant--
``(A) will not adversely affect the wages and working
conditions of workers in the United States similarly
employed; and
``(B) did not and will not cause the separation from
employment of a United States worker employed by the employer
within the 180-day period beginning 90 days before the date
on which the petition is filed.
``(2) Wages.--
``(A) In general.--The H-2C nonimmigrant will be paid not
less than the greater of--
``(i) the actual wage level paid by the employer to all
other individuals with similar experience and qualifications
for the specific employment in question; or
``(ii) the prevailing wage level for the occupational
classification in the area of employment, taking into account
experience and skill levels of employees.
``(B) Calculation.--The wage levels under subparagraph (A)
shall be calculated based on the best information available
at the time of the filing of the application.
``(C) Prevailing wage level.--For purposes of subparagraph
(A)(ii), the prevailing wage level shall be determined in
accordance as follows:
``(i) If the job opportunity is covered by a collective
bargaining agreement between a union and the employer, the
prevailing wage shall be the wage rate set forth in the
collective bargaining agreement.
``(ii) If the job opportunity is not covered by such an
agreement and it is in an occupation that is covered by a
wage determination under a provision of subchapter IV of
chapter 31 of title 40, United States Code, or the Service
Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing
wage level shall be the appropriate statutory wage.
``(iii)(I) If the job opportunity is not covered by such an
agreement and it is in an occupation that is not covered by a
wage determination under a provision of subchapter IV of
chapter 31 of title 40, United States Code, or the Service
Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing
wage level shall be based on published wage data for the
occupation from the Bureau of Labor Statistics, including the
Occupational Employment Statistics survey, Current Employment
Statistics data, National Compensation Survey, and
Occupational Employment Projections program. If the Bureau of
Labor Statistics does not have wage data applicable to such
occupation, the employer may base the prevailing wage level
on another wage survey approved by the Secretary of Labor.
``(II) The Secretary shall promulgate regulations
applicable to approval of such other wage surveys that
require, among other things, that the Bureau of Labor
Statistics determine such surveys are statistically viable.
``(3) Working conditions.--All workers in the occupation at
the place of employment at which the H-2C nonimmigrant will
be employed will be provided the working conditions and
benefits that are normal to workers similarly employed in the
area of intended employment.
``(4) Labor dispute.--There is not a strike, lockout, or
work stoppage in the course of a labor dispute in the
occupation at the place of employment at which the H-2C
nonimmigrant will be employed. If such strike, lockout, or
work stoppage occurs following submission of the petition,
the employer will provide notification in accordance with
regulations promulgated by the Secretary of Labor.
``(5) Provision of insurance.--If the position for which
the H-2C nonimmigrant is sought is not covered by the State
workers' compensation law, the employer will provide, at no
cost to the H-2C nonimmigrant, insurance covering injury and
disease arising out of, and in the course of, the worker's
employment, which will provide benefits at least equal to
those provided under the State workers' compensation law for
comparable employment.
``(6) Notice to employees.--
``(A) In general.--The employer has provided notice of the
filing of the petition to the bargaining representative of
the employer's employees in the occupational classification
and area of employment for which the H-2C nonimmigrant is
sought.
``(B) No bargaining representative.--If there is no such
bargaining representative, the employer has--
``(i) posted a notice of the filing of the petition in a
conspicuous location at the place or places of employment for
which the H-2C nonimmigrant is sought; or
``(ii) electronically disseminated such a notice to the
employer's employees in the occupational classification for
which the H-2C nonimmigrant is sought.
``(7) Recruitment.--Except where the Secretary of Labor has
determined that there is a shortage of United States workers
in the occupation and area of intended employment for which
the H-2C nonimmigrant is sought--
``(A) there are not sufficient workers who are able,
willing, and qualified, and who will be available at the time
and place needed, to perform the labor or services involved
in the petition; and
``(B) good faith efforts have been taken to recruit United
States workers, in accordance with regulations promulgated by
the Secretary of Labor, which efforts included--
``(i) the completion of recruitment during the period
beginning on the date that is 90 days before the date on
which the petition was filed with the Department of Homeland
Security and ending on the date that is 14 days before such
filing date; and
``(ii) the actual wage paid by the employer for the
occupation in the areas of intended employment was used in
conducting recruitment.
``(8) Ineligibility.--The employer is not currently
ineligible from using the H-2C nonimmigrant program described
in this section.
``(9) Bonafide offer of employment.--The job for which the
H-2C nonimmigrant is sought is a bona fide job--
``(A) for which the employer needs labor or services;
``(B) which has been and is clearly open to any United
States worker; and
``(C) for which the employer will be able to place the H-2C
nonimmigrant on the payroll.
``(10) Public availability and records retention.--A copy
of each petition filed under this section and documentation
supporting each attestation, in accordance with regulations
promulgated by the Secretary of Labor, will--
``(A) be provided to every H-2C nonimmigrant employed under
the petition;
``(B) be made available for public examination at the
employer's place of business or work site;
``(C) be made available to the Secretary of Labor during
any audit; and
``(D) remain available for examination for 5 years after
the date on which the petition is filed.
``(11) Notification upon separation from or transfer of
employment.--The employer will notify the Secretary of Labor
and the Secretary of Homeland Security of an H-2C
nonimmigrant's separation from employment or transfer to
another employer not more than 3 business days after the date
of such separation or transfer, in accordance with
regulations promulgated by the Secretary of Homeland
Security.
``(12) Actual need for labor or services.--The petition was
filed not more than 60 days before the date on which the
employer needed labor or services for which the H-2C
nonimmigrant is sought.
``(d) Audit of Attestations.--
``(1) Referrals by secretary of homeland security.--The
Secretary of Homeland Security shall refer all approved
petitions for H-2C nonimmigrants to the Secretary of Labor
for potential audit.
``(2) Audits authorized.--The Secretary of Labor may audit
any approved petition referred pursuant to paragraph (1), in
accordance with regulations promulgated by the Secretary of
Labor.
``(e) Ineligible Employers.--
``(1) In general.--The Secretary of Homeland Security shall
not approve an employer's petitions, applications,
certifications, or attestations under any immigrant or
nonimmigrant program if the Secretary of

[[Page S9943]]

Labor determines, after notice and an opportunity for a
hearing, that the employer submitting such documents--
``(A) has, with respect to the attestations required under
subsection (b)--
``(i) misrepresented a material fact;
``(ii) made a fraudulent statement; or
``(iii) failed to comply with the terms of such
attestations; or
``(B) failed to cooperate in the audit process in
accordance with regulations promulgated by the Secretary of
Labor.
``(2) Length of ineligibility.--An employer described in
paragraph (1) shall be ineligible to participate in the labor
certification programs of the Secretary of Labor for not less
than the time period determined by the Secretary, not to
exceed 3 years.
``(3) Employers in high unemployment areas.--Beginning on
the date that is 1 year after the date of the enactment of
the Initial Entry, Adjustment, and Citizenship Assistance
Grant Act of 2006, the Secretary of Homeland Security may not
approve any employer's petition under subsection (b) if the
work to be performed by the H-2C nonimmigrant is not
agriculture based and is located in a metropolitan or
micropolitan statistical area (as defined by the Office of
Management and Budget) in which the unemployment rate for
workers who have not completed any education beyond a high
school diploma during the most recently completed 6-month
period averaged more than 9.0 percent.
``(f) Regulation of Foreign Labor Contractors.--
``(1) Coverage.--Notwithstanding any other provision of
law, an H-2C nonimmigrant may not be treated as an
independent contractor.
``(2) Applicability of laws.--An H-2C nonimmigrant shall
not be denied any right or any remedy under Federal, State,
or local labor or employment law that would be applicable to
a United States worker employed in a similar position with
the employer because of the alien's status as a nonimmigrant
worker.
``(3) Tax responsibilities.--With respect to each employed
H-2C nonimmigrant, an employer shall comply with all
applicable Federal, State, and local tax and revenue laws.
``(g) Whistleblower Protection.--It shall be unlawful for
an employer or a labor contractor of an H-2C nonimmigrant to
intimidate, threaten, restrain, coerce, retaliate, discharge,
or in any other manner, discriminate against an employee or
former employee because the employee or former employee--
``(1) discloses information to the employer or any other
person that the employee or former employee reasonably
believes demonstrates a violation of this Act; or
``(2) cooperates or seeks to cooperate in an investigation
or other proceeding concerning compliance with the
requirements of this Act.
``(h) Labor Recruiters.--
``(1) In general.--Each employer that engages in foreign
labor contracting activity and each foreign labor contractor
shall ascertain and disclose, to each such worker who is
recruited for employment at the time of the worker's
recruitment--
``(A) the place of employment;
``(B) the compensation for the employment;
``(C) a description of employment activities;
``(D) the period of employment;
``(E) any other employee benefit to be provided and any
costs to be charged for each benefit;
``(F) any travel or transportation expenses to be assessed;
``(G) the existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment;
``(H) the existence of any arrangement with any owner,
employer, foreign contractor, or its agent where such person
receives a commission from the provision of items or services
to workers;
``(I) the extent to which workers will be compensated
through workers' compensation, private insurance, or
otherwise for injuries or death, including--
``(i) work related injuries and death during the period of
employment;
``(ii) the name of the State workers' compensation
insurance carrier or the name of the policyholder of the
private insurance;
``(iii) the name and the telephone number of each person
who must be notified of an injury or death; and
``(iv) the time period within which such notice must be
given;
``(J) any education or training to be provided or required,
including--
``(i) the nature and cost of such training;
``(ii) the entity that will pay such costs; and
``(iii) whether the training is a condition of employment,
continued employment, or future employment; and
``(K) a statement, in a form specified by the Secretary of
Labor, describing the protections of this Act for workers
recruited abroad.
``(2) False or misleading information.--No foreign labor
contractor or employer who engages in foreign labor
contracting activity shall knowingly provide material false
or misleading information to any worker concerning any matter
required to be disclosed in paragraph (1).
``(3) Languages.--The information required to be disclosed
under paragraph (1) shall be provided in writing in English
or, as necessary and reasonable, in the language of the
worker being recruited. The Secretary of Labor shall make
forms available in English, Spanish, and other languages, as
necessary, which may be used in providing workers with
information required under this section.
``(4) Fees.--A person conducting a foreign labor
contracting activity shall not assess any fee to a worker for
such foreign labor contracting activity.
``(5) Terms.--No employer or foreign labor contractor
shall, without justification, violate the terms of any
agreement made by that contractor or employer regarding
employment under this program.
``(6) Travel costs.--If the foreign labor contractor or
employer charges the employee for transportation such
transportation costs shall be reasonable.
``(7) Other worker protections.--
``(A) Notification.--Not less frequently than once every 2
years, each employer shall notify the Secretary of Labor of
the identity of any foreign labor contractor engaged by the
employer in any foreign labor contractor activity for, or on
behalf of, the employer.
``(B) Registration of foreign labor contractors.--
``(i) In general.--No person shall engage in foreign labor
recruiting activity unless such person has a certificate of
registration from the Secretary of Labor specifying the
activities that such person is authorized to perform. An
employer who retains the services of a foreign labor
contractor shall only use those foreign labor contractors who
are registered under this subparagraph.
``(ii) Issuance.--The Secretary shall promulgate
regulations to establish an efficient electronic process for
the investigation and approval of an application for a
certificate of registration of foreign labor contractors not
later than 14 days after such application is filed,
including--

``(I) requirements under paragraphs (1), (4), and (5) of
section 102 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1812);
``(II) an expeditious means to update registrations and
renew certificates; and
``(III) any other requirements that the Secretary may
prescribe.

``(iii) Term.--Unless suspended or revoked, a certificate
under this subparagraph shall be valid for 2 years.
``(iv) Refusal to issue; revocation; suspension.--In
accordance with regulations promulgated by the Secretary of
Labor, the Secretary may refuse to issue or renew, or may
suspend or revoke, a certificate of registration under this
subparagraph if--

``(I) the application or holder of the certification has
knowingly made a material misrepresentation in the
application for such certificate;
``(II) the applicant for, or holder of, the certification
is not the real party in interest in the application or
certificate of registration and the real party in interest--

``(aa) is a person who has been refused issuance or renewal
of a certificate;
``(bb) has had a certificate suspended or revoked; or
``(cc) does not qualify for a certificate under this
paragraph; or

``(III) the applicant for or holder of the certification
has failed to comply with this Act.

``(C) Remedy for violations.--An employer engaging in
foreign labor contracting activity and a foreign labor
contractor that violates the provisions of this subsection
shall be subject to remedies for foreign labor contractor
violations under subsections (h) and (i). If a foreign labor
contractor acting as an agent of an employer violates any
provision of this subsection, the employer shall also be
subject to remedies under subsections (h) and (i). An
employer that violates a provision of this subsection
relating to employer obligations shall be subject to remedies
under subsections (h) and (i).
``(D) Employer notification.--An employer shall notify the
Secretary of Labor if the employer becomes aware of a
violation of this subsection by a foreign labor recruiter.
``(E) Written agreements.--A foreign labor contractor may
not violate the terms of any written agreements made with an
employer relating to any contracting activity or worker
protection under this subsection.
``(F) Bonding requirement.--The Secretary of Labor may
require a foreign labor contractor to post a bond in an
amount sufficient to ensure the protection of individuals
recruited by the foreign labor contractor. The Secretary may
consider the extent to which the foreign labor contractor has
sufficient ties to the United States to adequately enforce
this subsection.
``(i) Enforcement.--
``(1) In general.--The Secretary of Labor shall promulgate
regulations for the receipt, investigation, and disposition
of complaints by an aggrieved person respecting a violation
of this section.
``(2) Filing deadline.--No investigation or hearing shall
be conducted on a complaint concerning a violation under this
section unless the complaint was filed not later than 12
months after the date of such violation.
``(3) Reasonable cause.--The Secretary of Labor shall
conduct an investigation under this subsection if there is
reasonable cause to believe that a violation of this section
has occurred. The process established under this subsection
shall provide that, not later than 30 days after a complaint
is filed, the Secretary shall determine if there is
reasonable cause to find such a violation.
``(4) Notice and hearing.--

[[Page S9944]]

``(A) In general.--Not later than 60 days after the
Secretary of Labor makes a determination of reasonable cause
under paragraph (4), the Secretary shall issue a notice to
the interested parties and offer an opportunity for a hearing
on the complaint, in accordance with section 556 of title 5,
United States Code.
``(B) Complaint.--If the Secretary of Labor, after
receiving a complaint under this subsection, does not offer
the aggrieved party or organization an opportunity for a
hearing under subparagraph (A), the Secretary shall notify
the aggrieved party or organization of such determination and
the aggrieved party or organization may seek a hearing on the
complaint in accordance with such section 556.
``(C) Hearing deadline.--Not later than 60 days after the
date of a hearing under this paragraph, the Secretary of
Labor shall make a finding on the matter in accordance with
paragraph (5).
``(5) Attorneys' fees.--A complainant who prevails with
respect to a claim under this subsection shall be entitled to
an award of reasonable attorneys' fees and costs.
``(6) Power of the secretary.--The Secretary may bring an
action in any court of competent jurisdiction--
``(A) to seek remedial action, including injunctive relief;
``(B) to recover the damages described in subsection (i);
or
``(C) to ensure compliance with terms and conditions
described in subsection (g).
``(7) Solicitor of labor.--Except as provided in section
518(a) of title 28, United States Code, the Solicitor of
Labor may appear for and represent the Secretary of Labor in
any civil litigation brought under this subsection. All such
litigation shall be subject to the direction and control of
the Attorney General.
``(8) Procedures in addition to other rights of
employees.--The rights and remedies provided to workers under
this section are in addition to any other contractual or
statutory rights and remedies of the workers, and are not
intended to alter or affect such rights and remedies.
``(j) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary of Labor finds a violation of
subsection (b), (e), (f), or (g), the Secretary may impose
administrative remedies and penalties, including--
``(A) back wages;
``(B) benefits; and
``(C) civil monetary penalties.
``(2) Civil penalties.--The Secretary of Labor may impose,
as a civil penalty--
``(A) for a violation of subsection (e) or (f)--
``(i) a fine in an amount not to exceed $2,000 per
violation per affected worker;
``(ii) if the violation was willful violation, a fine in an
amount not to exceed $5,000 per violation per affected
worker;
``(iii) if the violation was willful and if in the course
of such violation a United States worker was harmed, a fine
in an amount not to exceed $25,000 per violation per affected
worker; and
``(B) for a violation of subsection (g)--
``(i) a fine in an amount not less than $500 and not more
than $4,000 per violation per affected worker;
``(ii) if the violation was willful, a fine in an amount
not less than $2,000 and not more than $5,000 per violation
per affected worker; and
``(iii) if the violation was willful and if in the course
of such violation a United States worker was harmed, a fine
in an amount not less than $6,000 and not more than $35,000
per violation per affected worker.
``(3) Use of civil penalties.--All penalties collected
under this subsection shall be deposited in the Treasury in
accordance with section 286(w).
``(4) Criminal penalties.--If a willful and knowing
violation of subsection (g) causes extreme physical or
financial harm to an individual, the person in violation of
such subsection may be imprisoned for not more than 6 months,
fined in an amount not more than $35,000, or both.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 218A, as
added by section 403, the following:

``Sec. 218B. Employer obligations''.

SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended by inserting after section 218B, as added by section
404, the following:

``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

``(a) Establishment.--The Secretary of Homeland Security,
in consultation with the Secretary of Labor, the Secretary of
State, and the Commission of Social Security, shall develop
and implement a program (referred to in this section as the
`alien employment management system') to manage and track the
employment of aliens described in sections 218A and 218D.
``(b) Requirements.--The alien employment management system
shall--
``(1) provide employers who seek employees with an
opportunity to recruit and advertise employment opportunities
available to United States workers before hiring an H-2C
nonimmigrant;
``(2) collect sufficient information from employers to
enable the Secretary of Homeland Security to determine--
``(A) if the nonimmigrant is employed;
``(B) which employers have hired an H-2C nonimmigrant;
``(C) the number of H-2C nonimmigrants that an employer is
authorized to hire and is currently employing;
``(D) the occupation, industry, and length of time that an
H-2C nonimmigrant has been employed in the United States;
``(3) allow employers to request approval of multiple H-2C
nonimmigrant workers; and
``(4) permit employers to submit applications under this
section in an electronic form.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 218B,
as added by section 404, the following:

``Sec. 218C. Alien employment management system''.

SEC. 406. RULEMAKING; EFFECTIVE DATE.

(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Labor shall
promulgate regulations, in accordance with the notice and
comment provisions of section 553 of title 5, United States
Code, to carry out the provisions of sections 218A, 218B, and
218C, as added by this Act.
(b) Effective Date.--The amendments made by sections 403,
404, and 405 shall take effect on the date that is 1 year
after the date of the enactment of this Act with regard to
aliens, who, on such effective date, are in the foreign
country where they maintain residence.

SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

(a) Electronic Job Registry.--The Secretary of Labor shall
establish a publicly accessible Web page on the Internet
website of the Department of Labor that provides a single
Internet link to each State workforce agency's statewide
electronic registry of jobs available throughout the United
States to United States workers.
(b) Recruitment of United States Workers.--
(1) Posting.--An employer shall attest that the employer
has posted an employment opportunity at a prevailing wage
level (as described in section 218B(b)(2)(C) of the
Immigration and Nationality Act).
(2) Records.--An employer shall maintain records for not
less than 1 year after the date on which an H-2C nonimmigrant
is hired that describe the reasons for not hiring any of the
United States workers who may have applied for such position.
(c) Oversight and Maintenance of Records.--The Secretary of
Labor shall promulgate regulations regarding the maintenance
of electronic job registry records for the purpose of audit
or investigation.
(d) Access to Electronic Job Registry.--The Secretary of
Labor shall ensure that job opportunities advertised on an
electronic job registry established under this section are
accessible--
(1) by the State workforce agencies, which may further
disseminate job opportunity information to other interested
parties; and
(2) through the Internet, for access by workers, employers,
labor organizations, and other interested parties.

SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.

(a) Establishment.--There is established a task force to be
known as the ``Temporary Worker Task Force'' (referred to in
this section as the ``Task Force'').
(b) Purposes.--The purposes of the Task Force are--
(1) to study the impact of the admission of aliens under
section 101(a)(15)(ii)(c) on the wages, working conditions,
and employment of United States workers; and
(2) to make recommendations to the Secretary of Labor
regarding the need for an annual numerical limitation on the
number of aliens that may be admitted in any fiscal year
under section 101(a)(15)(ii)(c).
(c) Membership.--
(1) In general.--The Task Force shall be composed of 10
members, of whom--
(A) 1 shall be appointed by the President and shall serve
as chairman of the Task Force;
(B) 1 shall be appointed by the leader of the minority
party in the Senate, in consultation with the leader of the
minority party in the House of Representatives, and shall
serve as vice chairman of the Task Force;
(C) 2 shall be appointed by the majority leader of the
Senate;
(D) 2 shall be appointed by the minority leader of the
Senate;
(E) 2 shall be appointed by the Speaker of the House of
Representatives; and
(F) 2 shall be appointed by the minority leader of the
House of Representatives.
(2) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 6 months after the
date of the enactment of this Act.
(3) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum.--Six members of the Task Force shall constitute
a quorum.
(d) Qualifications.--
(1) In general.--Members of the Task Force shall be--
(A) individuals with expertise in economics, demography,
labor, business, or immigration or other pertinent
qualifications or experience; and
(B) representative of a broad cross-section of perspectives
within the United States, including the public and private
sectors and academia.

[[Page S9945]]

(2) Political affiliation.--Not more than 5 members of the
Task Force may be members of the same political party.
(3) Nongovernmental appointees.--An individual appointed to
the Task Force may not be an officer or employee of the
Federal Government or of any State or local government.
(e) Meetings.--
(1) Initial meeting.--The Task Force shall meet and begin
the operations of the Task Force as soon as practicable.
(2) Subsequent meetings.--After its initial meeting, the
Task Force shall meet upon the call of the chairman or a
majority of its members.
(f) Report.--Not later than 18 months after the date of the
enactment of this Act, the Task Force shall submit, to
Congress, the Secretary of Labor, and the Secretary, a report
that contains--
(1) findings with respect to the duties of the Task Force;
and
(2) recommendations for imposing a numerical limit.
(g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C.
1184(g)(1)) is amended--
(1) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following:
``(C) under section 101(a)(15)(H)(ii)(c) may not exceed
200,000.''.
(h) Adjustment to Lawful Permanent Resident Status.--
Section 245 (8 U.S.C. 1255) is amended by adding at the end
the following:
``(n)(1) For purposes of adjustment of status under
subsection (a), employment-based immigrant visas shall be
made available, subject to the numerical limitations set out
in sections 201(d) and 203(b), to an alien having
nonimmigrant status described in section 101(a)(15)(H)(ii)(c)
upon the filing of a petition for such a visa--
``(A) by the alien's employer; or
``(B) by the alien, if--
``(i) the alien has been employed in H-2C status for a
cumulative period of not less than 4 years;
``(ii) an employer attests that the employer will employ
the alien in the offered job position;
``(iii) the Secretary of Labor determines and certifies
that there are not sufficient United States workers who are
able, willing, qualified, and available to fill the job
position; or
``(iv) the Secretary of Labor determines and certifies that
there are not sufficient United States workers who are able,
willing, qualified, and available to fill the position in
which the alien is, or will be, employed; and
``(v) the alien submits at least 2 documents to establish
current employment, as follows:
``(I) Records maintained by the Social Security
Administration.
``(II) Records maintained by the alien's employer, such as
pay stubs, time sheets, or employment work verification.
``(III) Records maintained by the Internal Revenue Service.
``(IV) Records maintained by any other government agency,
such as worker compensation records, disability records, or
business licensing records.
``(2) An alien having nonimmigrant status described in
section 101(a)(15)(H)(ii)(c) may not apply for adjustment of
status under this section unless the alien--
``(A) is physically present in the United States; and
``(B) establishes that the alien meets the requirements of
section 312.
``(3) An alien who demonstrates that the alien meets the
requirements of section 312 may be considered to have
satisfied the requirements of that section for purposes of
becoming naturalized as a citizen of the United States under
title III.
``(4) Filing a petition under paragraph (1) on behalf of an
alien or otherwise seeking permanent residence in the United
States for such alien shall not constitute evidence of the
alien's ineligibility for nonimmigrant status under section
101(a)(15)(H)(ii)(c).
``(5) The Secretary of Homeland Security shall extend, in
1-year increments, the stay of an alien for whom a labor
certification petition filed under section 203(b) or an
immigrant visa petition filed under section 204(b) is pending
until a final decision is made on the alien's lawful
permanent residence.
``(6) Nothing in this subsection shall be construed to
prevent an alien having nonimmigrant status described in
section 101(a)(15)(H)(ii)(c) from filing an application for
adjustment of status under this section in accordance with
any other provision of law.''.

SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

(a) In General.--The Secretary of State, in cooperation
with the Secretary and the Attorney General, shall negotiate
with each home country of aliens described in section
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act,
as added by section 402, to enter into a bilateral agreement
with the United States that conforms to the requirements
under subsection (b).
(b) Requirements of Bilateral Agreements.--Each agreement
negotiated under subsection (a) shall require the
participating home country to--
(1) accept the return of nationals who are ordered removed
from the United States within 3 days of such removal;
(2) cooperate with the United States Government to--
(A) identify, track, and reduce gang membership, violence,
and human trafficking and smuggling; and
(B) control illegal immigration;
(3) provide the United States Government with--
(A) passport information and criminal records of aliens who
are seeking admission to, or are present in, the United
States; and
(B) admission and entry data to facilitate United States
entry-exit data systems; and
(4) educate nationals of the home country regarding United
States temporary worker programs to ensure that such
nationals are not exploited; and
(5) evaluate means to provide housing incentives in the
alien's home country for returning workers.

SEC. 410. S VISAS.

(a) Expansion of S Visa Classification.--Section
101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i)--
(A) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(B) in subclause (I), by inserting before the semicolon,
``, including a criminal enterprise undertaken by a foreign
government, its agents, representatives, or officials'';
(C) in subclause (III), by inserting ``where the
information concerns a criminal enterprise undertaken by an
individual or organization that is not a foreign government,
its agents, representatives, or officials,'' before
``whose''; and
(D) by striking ``or'' at the end; and
(2) in clause (ii)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``1956,'' and all that follows through
``the alien;'' and inserting the following: ``1956; or
``(iii) who the Secretary of Homeland Security and the
Secretary of State, in consultation with the Director of
Central Intelligence, jointly determine--
``(I) is in possession of critical reliable information
concerning the activities of governments or organizations, or
their agents, representatives, or officials, with respect to
weapons of mass destruction and related delivery systems, if
such governments or organizations are at risk of developing,
selling, or transferring such weapons or related delivery
systems; and
``(II) is willing to supply or has supplied, fully and in
good faith, information described in subclause (I) to
appropriate persons within the United States Government;

``and, if the Secretary of Homeland Security (or with
respect to clause (ii), the Secretary of State and the
Secretary of Homeland Security jointly) considers it to be
appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in clause (i),
(ii), or (iii) if accompanying, or following to join, the
alien;''.
(b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C.
1184(k)(1)) is amended by striking ``The number of aliens''
and all that follows through the period and inserting the
following: ``The number of aliens who may be provided a visa
as nonimmigrants under section 101(a)(15)(S) in any fiscal
year may not exceed 1,000.''.
(c) Reports.--
(1) Content.--Paragraph (4) of section 214(k) (8 U.S.C.
1184(k)) is amended--
(A) in the matter preceding subparagraph (A)
(i) by striking ``The Attorney General'' and inserting
``The Secretary of Homeland Security''; and
(ii) by striking ``concerning--'' and inserting ``that
includes--'';
(B) in subparagraph (D), by striking ``and'';
(C) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(D) by inserting at the end the following:
``(F) in the event that the total number of such
nonimmigrants admitted is fewer than 25 percent of the total
number provided for under paragraph (1) of this subsection--
``(i) the reasons why the number of such nonimmigrants
admitted is fewer than 25 percent of that provided for by
law;
``(ii) the efforts made by the Secretary of Homeland
Security to admit such nonimmigrants; and
``(iii) any extenuating circumstances that contributed to
the admission of a number of such nonimmigrants that is fewer
than 25 percent of that provided for by law.''.
(2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is
amended by adding at the end the following new paragraph:
``(5) To the extent required by law and if it is in the
interests of national security or the security of such
nonimmigrants that are admitted, as determined by the
Secretary of Homeland Security, the information contained in
a report described in paragraph (4) may be classified, and
the Secretary of Homeland Security shall, to the extent
feasible, submit a non-classified version of the report to
the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate.''.

SEC. 411. L VISA LIMITATIONS.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case'' and
inserting ``Except as provided in subparagraph (H), in the
case''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
a period not to exceed 12 months only if

[[Page S9946]]

the employer operating the new facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits to
the Secretary of Homeland Security--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
of section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause (i);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
previous 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the previous 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees if the
beneficiary will be employed in a managerial or executive
capacity;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii) and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a subsequently filed petition
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(H)(i) The Secretary of Homeland Security may not
authorize the spouse of an alien described under section
101(a)(15)(L), who is a dependent of a beneficiary under
subparagraph (G), to engage in employment in the United
States during the initial 9-month period described in
subparagraph (G)(i).
``(ii) A spouse described in clause (i) may be provided
employment authorization upon the approval of an extension
under subparagraph (G)(ii).
``(I) For purposes of determining the eligibility of an
alien for classification under Section 101(a)(15)(L) of this
Act, the Secretary of Homeland Security shall establish a
program to work cooperatively with the Department of State to
verify a company or facility's existence in the United States
and abroad.''.

SEC. 412. COMPLIANCE INVESTIGATORS.

The Secretary of Labor shall, subject to the availability
of appropriations for such purpose, annually increase, by not
less than 2,000, the number of positions for compliance
investigators dedicated to enforcing compliance with this
title, and the amendments made by this title.

SEC. 413. VISA WAIVER PROGRAM EXPANSION.

Section 217(c) (8 U.S.C. 1187(c)) is amended by adding at
the end the following:
``(8) Probationary admission.--
``(A) Definition of material support.--In this paragraph,
the term `material support' means the current provision of
the equivalent of, but not less than, a battalion (which
consists of 300 to 1,000 military personnel) to Operation
Iraqi Freedom or Operation Enduring Freedom to provide
training, logistical or tactical support, or a military
presence.
``(B) Designation as a program country.--Notwithstanding
any other provision of this section, a country may be
designated as a program country, on a probationary basis,
under this section if--
``(i) the country is a member of the European Union;
``(ii) the country is providing material support to the
United States or the multilateral forces in Afghanistan or
Iraq, as determined by the Secretary of Defense, in
consultation with the Secretary of State; and
``(iii) the Secretary of Homeland Security, in consultation
with the Secretary of State, determines that participation of
the country in the visa waiver program under this section
does not compromise the law enforcement interests of the
United States.
``(C) Refusal rates; overstay rates.--The determination
under subparagraph (B)(iii) shall only take into account any
refusal rates or overstay rates after the expiration of the
first full year of the country's admission into the European
Union.
``(D) Full compliance.--Not later than 2 years after the
date of a country's designation under subparagraph (B), the
country--
``(i) shall be in full compliance with all applicable
requirements for program country status under this section;
or
``(ii) shall have its program country designation
terminated.
``(E) Extensions.--The Secretary of State may extend, for a
period not to exceed 2 years, the probationary designation
granted under subparagraph (B) if the country--
``(i) is making significant progress towards coming into
full compliance with all applicable requirements for program
country status under this section;
``(ii) is likely to achieve full compliance before the end
of such 2-year period; and
``(iii) continues to be an ally of the United States
against terrorist states, organizations, and individuals, as
determined by the Secretary of Defense, in consultation with
the Secretary of State.''.

SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary
such sums as may be necessary to carry out this subtitle and
the amendments made by this subtitle for the first fiscal
year beginning before the date of enactment of this Act and
each of the subsequent fiscal years beginning not more than 7
years after the effective date of the regulations promulgated
by the Secretary to implement this subtitle.

Subtitle B--Immigration Injunction Reform

SEC. 421. SHORT TITLE.

This subtitle may be cited as the ``Fairness in Immigration
Litigation Act of 2006''.

SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

(a) Requirements for an Order Granting Prospective Relief
Against the Government.--
(1) In general.--If a court determines that prospective
relief should be ordered against the Government in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall--
(A) limit the relief to the minimum necessary to correct
the violation of law;
(B) adopt the least intrusive means to correct the
violation of law;
(C) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety, and
(D) provide for the expiration of the relief on a specific
date, which is not later than the earliest date necessary for
the Government to remedy the violation.
(2) Written explanation.--The requirements described in
subsection (1) shall be discussed and explained in writing in
the order granting prospective relief and must be
sufficiently detailed to allow review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief shall automatically expire on
the date that is 90 days after the date on which such relief
is entered, unless the court--
(A) makes the findings required under paragraph (1) for the
entry of permanent prospective relief; and
(B) makes the order final before expiration of such 90-day
period.
(4) Requirements for order denying motion.--This subsection
shall apply to any order denying the Government's motion to
vacate, modify, dissolve or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States.
(b) Procedure for Motion Affecting Order Granting
Prospective Relief Against the Government.--
(1) In general.--A court shall promptly rule on the
Government's motion to vacate, modify, dissolve or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--The Government's motion to vacate, modify,
dissolve, or otherwise terminate an order granting
prospective relief made in any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States shall automatically, and without further order
of the court, stay the order granting prospective relief on
the date that is 15 days after the date on which such motion
is filed unless the court previously has granted or denied
the Government's motion.
(B) Duration of automatic stay.--An automatic stay under
subparagraph (A) shall continue until the court enters an
order granting or denying the Government's motion.
(C) Postponement.--The court, for good cause, may postpone
an automatic stay under subparagraph (A) for not longer than
15 days.
(D) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of the automatic stay described in subparagraph (A), other
than an order to postpone the effective date of the automatic
stay for not longer than 15 days under subparagraph (C),
shall be--
(i) treated as an order refusing to vacate, modify,
dissolve or otherwise terminate an injunction; and
(ii) immediately appealable under section 1292(a)(1) of
title 28, United States Code.
(c) Settlements.--

[[Page S9947]]

(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court may not enter, approve, or continue
a consent decree that does not comply with subsection (a).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private
settlement agreement that does not comply with subsection (a)
if the terms of that agreement are not subject to court
enforcement other than reinstatement of the civil proceedings
that the agreement settled.
(d) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree''--
(A) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(B) does not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(e) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this section.

SEC. 423. EFFECTIVE DATE.

(a) In General.--This subtitle shall apply with respect to
all orders granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, whether such relief
was ordered before, on, or after the date of the enactment of
this Act.
(b) Pending Motions.--Every motion to vacate, modify,
dissolve or otherwise terminate an order granting prospective
relief in any such action, which motion is pending on the
date of the enactment of this Act, shall be treated as if it
had been filed on such date of enactment.
(c) Automatic Stay for Pending Motions.--
(1) In general.--An automatic stay with respect to the
prospective relief that is the subject of a motion described
in subsection (b) shall take effect without further order of
the court on the date which is 10 days after the date of the
enactment of this Act if the motion--
(A) was pending for 45 days as of the date of the enactment
of this Act; and
(B) is still pending on the date which is 10 days after
such date of enactment.
(2) Duration of automatic stay.--An automatic stay that
takes effect under paragraph (1) shall continue until the
court enters an order granting or denying the Government's
motion under section 422(b). There shall be no further
postponement of the automatic stay with respect to any such
pending motion under section 422(b)(2). Any order, staying,
suspending, delaying or otherwise barring the effective date
of this automatic stay with respect to pending motions
described in subsection (b) shall be an order blocking an
automatic stay subject to immediate appeal under section
422(b)(2)(D).

TITLE V--BACKLOG REDUCTION

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--
``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
minus the number of visas issued under this subsection during
those fiscal years; and
``(B) the number of visas calculated under subparagraph (A)
that were issued after fiscal year 2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--Subject to paragraph (2), the worldwide
level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(A)(i) 450,000, for each of the fiscal years 2007 through
2016; or
``(ii) 290,000, for fiscal year 2017 and each subsequent
fiscal year;
``(B) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
and the number of visa numbers issued under this subsection
during those fiscal years; and
``(ii) the number of visas calculated under clause (i) that
were issued after fiscal year 2005.
``(2) Visas for spouses and children.--
``(A) In general.--Except as provided in subparagraph (B),
immigrant visas issued on or after October 1, 2004, to
spouses and children of employment-based immigrants shall not
be counted against the numerical limitation set forth in
paragraph (1).
``(B) Numerical limitation.--The total number of visas
issued under paragraph (1)(A) and paragraph (2), excluding
such visas issued to aliens pursuant to section 245B or
section 245C of the Immigration and Nationality Act, may not
exceed 650,000 during any fiscal year.
``(C) Construction.--Nothing in this paragraph may be
construed to modify the requirement set out in 245B(a)(1)(I)
or 245C(i)(2)(A) that prohibit an alien from receiving an
adjustment of status to that of a legal permanent resident
prior to the consideration of all applications filed under
section 201, 202, or 203 before the date of enactment of
section 245B and 245C.''.

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''.

SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family-Sponsored
Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to
read as follows:
``(a) Preference Allocations for Family-Sponsored
Immigrants.--Aliens subject to the worldwide level specified
in section 201(c) for family-sponsored immigrants shall be
allocated visas as follows:
``(1) Unmarried sons and daughters of citizens.--Qualified
immigrants who are the unmarried sons or daughters of
citizens of the United States shall be allocated visas in a
quantity not to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the class specified in
paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--
``(A) In general.--Visas in a quantity not to exceed 50
percent of such worldwide level plus any visas not required
for the class specified in paragraph (1) shall be allocated
to qualified immigrants who are--
``(i) the spouses or children of an alien lawfully admitted
for permanent residence; or
``(ii) the unmarried sons or daughters of an alien lawfully
admitted for permanent residence.
``(B) Minimum percentage.--Visas allocated to individuals
described in subparagraph (A)(i) shall constitute not less
than 77 percent of the visas allocated under this paragraph.
``(3) Married sons and daughters of citizens.--Qualified
immigrants who are the married sons and daughters of citizens
of the United States shall be allocated visas in a quantity
not to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the classes specified in
paragraphs (1) and (2).
``(4) Brothers and sisters of citizens.--Qualified
immigrants who are the brothers or sisters of a citizen of
the United States who is at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level.''.
(b) Preference Allocation for Employment-Based
Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``15 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``15 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``5 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--
``(A) In general.--Visas shall be made available, in a
number not to exceed 30 percent of such worldwide level, plus
any visa numbers not required for the classes specified in
paragraphs (1) through (4), to qualified immigrants who are
capable, at the time of petitioning for classification under
this paragraph, of performing unskilled labor that is not of
a temporary or seasonal nature, for which qualified workers
are determined to be unavailable in the United States.
``(B) Priority in allocating visas.--In allocating visas
under subparagraph (A) for each of the fiscal years 2007
through 2017, the Secretary shall reserve 30 percent of such
visas for qualified immigrants who were physically present in
the United States before January 7, 2004.''; and
(8) by striking paragraph (6).

[[Page S9948]]

(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''.
(d) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
(8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to
the numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note)
is repealed.

SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.

(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is
amended to read as follows:
``(2)(A)(i) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa under section 203(a) to
their accompanying parent who is an immediate relative.
``(ii) In this subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen of the United
States (and each child of such child, spouse, or parent who
is accompanying or following to join the child, spouse, or
parent), except that, in the case of parents, such citizens
shall be at least 21 years of age.
``(iii) An alien who was the spouse of a citizen of the
United States for not less than 2 years at the time of the
citizen's death 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 and was not legally separated from the citizen at the
time of the citizen's death, and each child of such alien,
shall be considered, for purposes of this subsection, to
remain an immediate relative after the date of the citizen's
death if the spouse files a petition under section
204(a)(1)(A)(ii) before the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse remarries.
``(iv) In this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) remains an
immediate relative if the United States citizen spouse or
parent loses United States citizenship on account of the
abuse.
``(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C.
1154(a)(1)(A)(ii)) is amended by striking ``in the second
sentence of section 201(b)(2)(A)(i) also'' and inserting ``in
section 201(b)(2)(A)(iii) or an alien child or alien parent
described in the 201(b)(2)(A)(iv)''.

SEC. 505. SHORTAGE OCCUPATIONS.

(a) Exception to Direct Numerical Limitations.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the
end the following new subparagraph:
``(F)(i) During the period beginning on the date of the
enactment the Comprehensive Immigration Reform Act of 2006
and ending on September 30, 2017, an alien--
``(I) who is otherwise described in section 203(b); and
``(II) who is seeking admission to the United States to
perform labor in shortage occupations designated by the
Secretary of Labor for blanket certification under section
212(a)(5)(A) due to the lack of 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.
``(ii) During the period described in clause (i), the
spouse or dependents of an alien described in clause (i), if
accompanying or following to join such alien.''.
(b) Exception to Nondiscrimination Requirements.--Section
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)''.
(c) Exception to Per Country Levels for Family-Sponsored
and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C.
1152(a)(2)), as amended by section 502(1), is further amended
by inserting ``, except for aliens described in section
201(b),'' after ``any fiscal year''.
(d) Increasing the Domestic Supply of Nurses and Physical
Therapists.--Not later than January 1, 2007, the Secretary of
Health and Human Services shall--
(1) submit to Congress a report on the source of newly
licensed nurses and physical therapists in each State, which
report shall--
(A) include the past 3 years for which data are available;
(B) provide separate data for each occupation and for each
State;
(C) separately identify those receiving their initial
license and those licensed by endorsement from another State;
(D) within those receiving their initial license in each
year, identify the number who received their professional
education in the United States and those who received such
education outside the United States; and
(E) to the extent possible, identify, by State of residence
and country of education, the number of nurses and physical
therapists who were educated in any of the 5 countries (other
than the United States) from which the most nurses and
physical therapists arrived;
(F) identify the barriers to increasing the supply of
nursing faculty, domestically trained nurses, and
domestically trained physical therapists;
(G) recommend strategies to be followed by Federal and
State governments that would be effective in removing such
barriers, including strategies that address barriers to
advancement to become registered nurses for other health care
workers, such as home health aides and nurses assistants;
(H) recommend amendments to Federal legislation that would
increase the supply of nursing faculty, domestically trained
nurses, and domestically trained physical therapists;
(I) recommend Federal grants, loans, and other incentives
that would provide increases in nurse educators, nurse
training facilities, and other steps to increase the domestic
education of new nurses and physical therapists;
(J) identify the effects of nurse emigration on the health
care systems in their countries of origin; and
(K) recommend amendments to Federal law that would minimize
the effects of health care shortages in the countries of
origin from which immigrant nurses arrived;
(2) enter into a contract with the National Academy of
Sciences Institute of Medicine to determine the level of
Federal investment under titles VII and VIII of the Public
Health Service Act necessary to eliminate the domestic
nursing and physical therapist shortage not later than 7
years from the date on which the report is published; and
(3) collaborate with other agencies, as appropriate, in
working with ministers of health or other appropriate
officials of the 5 countries from which the most nurses and
physical therapists arrived, to--
(A) address health worker shortages caused by emigration;
(B) ensure that there is sufficient human resource planning
or other technical assistance needed to reduce further health
worker shortages in such countries.

SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

(a) Short Title.--This section may be cited as the ``Widows
and Orphans Act of 2006''.
(b) New Special Immigrant Category.--
(1) Certain children and women at risk of harm.--Section
101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L), by inserting a semicolon at the
end;
(B) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(N) subject to subsection (j), an immigrant who is not
present in the United States--
``(i) who is--

``(I) referred to a consular, immigration, or other
designated official by a United States Government agency, an
international organization, or recognized nongovernmental
entity designated by the Secretary of State for purposes of
such referrals; and
``(II) determined by such official to be a minor under 18
years of age (as determined under subsection (j)(5))--

``(aa) for whom no parent or legal guardian is able to
provide adequate care;
``(bb) who faces a credible fear of harm related to his or
her age;
``(cc) who lacks adequate protection from such harm; and
``(dd) for whom it has been determined to be in his or her
best interests to be admitted to the United States; or
``(ii) who is--

``(I) referred to a consular or immigration official by a
United States Government agency, an international
organization or recognized nongovernmental entity designated
by the Secretary of State for purposes of such referrals; and
``(II) determined by such official to be a female who has--

``(aa) a credible fear of harm related to her sex; and
``(bb) a lack of adequate protection from such harm.''.
(2) Statutory construction.--Section 101 (8 U.S.C. 1101) is
amended by adding at the end the following:
``(j)(1) No natural parent or prior adoptive parent of any
alien provided special immigrant status under subsection
(a)(27)(N)(i) shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this Act.
``(2)(A) No alien who qualifies for a special immigrant
visa under subsection (a)(27)(N)(ii) may apply for derivative
status or petition for any spouse who is represented by the
alien as missing, deceased, or the source of harm at the time
of the alien's application and admission. The Secretary of
Homeland Security may waive this requirement for an alien who
demonstrates that the alien's representations regarding the
spouse were bona fide.
``(B) An alien who qualifies for a special immigrant visa
under subsection (a)(27)(N) may apply for derivative status
or petition for any sibling under the age of 18 years or
children under the age of 18 years of any such alien, if
accompanying or following to join the alien. For purposes of
this subparagraph, a determination of age shall be made using
the age of the alien on the date the petition is filed with
the Department of Homeland Security.
``(3) An alien who qualifies for a special immigrant visa
under subsection (a)(27)(N) shall be treated in the same
manner as a refugee solely for purposes of section 412.
``(4) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) shall not be applicable to any alien seeking
admission to the United States under subsection (a)(27)(N),
and the Secretary of Homeland Security may

[[Page S9949]]

waive any other provision of such section (other than
paragraph 2(C) or subparagraph (A), (B), (C), or (E) of
paragraph (3)) with respect to such an alien for humanitarian
purposes, to assure family unity, or when it is otherwise in
the public interest. Any such waiver by the Secretary of
Homeland Security shall be in writing and shall be granted
only on an individual basis following an investigation. The
Secretary of Homeland Security shall provide for the annual
reporting to Congress of the number of waivers granted under
this paragraph in the previous fiscal year and a summary of
the reasons for granting such waivers.
``(5) For purposes of subsection (a)(27)(N)(i)(II), a
determination of age shall be made using the age of the alien
on the date on which the alien was referred to the consular,
immigration, or other designated official.
``(6) The Secretary of Homeland Security shall waive any
application fee for a special immigrant visa for an alien
described in section 101(a)(27)(N).''.
(3) Expedited process.--Not later than 45 days after the
date of referral to a consular, immigration, or other
designated official (as described in section 101(a)(27)(N) of
the Immigration and Nationality Act, as added by paragraph
(1))--
(A) special immigrant status shall be adjudicated; and
(B) if special immigrant status is granted, the alien shall
be paroled to the United States pursuant to section 212(d)(5)
of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for
adjustment of status to permanent residence under section 245
of that Act (8 U.S.C. 1255) within 1 year after the alien's
arrival in the United States.
(4) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
a report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives on the progress of the implementation of this
section and the amendments made by this section, including--
(A) data related to the implementation of this section and
the amendments made by this section;
(B) data regarding the number of placements of females and
children who faces a credible fear of harm as referred to in
section 101(a)(27)(N) of the Immigration and Nationality Act,
as added by paragraph (1); and
(C) any other information that the Secretary considers
appropriate.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(c) Requirements for Aliens.--
(1) Requirement prior to entry into the united states.--
(A) Database search.--An alien may not be admitted to the
United States unless the Secretary has ensured that a search
of each database maintained by an agency or department of the
United States has been conducted to determine whether such
alien is ineligible to be admitted to the United States on
criminal, security, or related grounds.
(B) Cooperation and schedule.--The Secretary and the head
of each appropriate agency or department of the United States
shall work cooperatively to ensure that each database search
required by subparagraph (A) is completed not later than 45
days after the date on which an alien files a petition
seeking a special immigration visa under section
101(a)(27)(N) of the Immigration and Nationality Act, as
added by subsection (b)(1).
(2) Requirement after entry into the united states.--
(A) Requirement to submit fingerprints.--
(i) In general.--Not later than 30 days after the date that
an alien enters the United States, the alien shall be
fingerprinted and submit to the Secretary such fingerprints
and any other personal biometric data required by the
Secretary.
(ii) Other requirements.--The Secretary may prescribe
regulations that permit fingerprints submitted by an alien
under section 262 of the Immigration and Nationality Act (8
U.S.C. 1302) or any other provision of law to satisfy the
requirement to submit fingerprints of clause (i).
(B) Database search.--The Secretary shall ensure that a
search of each database that contains fingerprints that is
maintained by an agency or department of the United States be
conducted to determine whether such alien is ineligible for
an adjustment of status under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on
criminal, security, or related grounds.
(C) Cooperation and schedule.--The Secretary and the head
of each appropriate agency or department of the United States
shall work cooperatively to ensure that each database search
required by subparagraph (B) is completed not later than 180
days after the date on which the alien enters the United
States.
(D) Administrative and judicial review.--
(i) In general.--There may be no review of a determination
by the Secretary, after a search required by subparagraph
(B), that an alien is ineligible for an adjustment of status,
under any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) on criminal, security, or related
grounds except as provided in this subparagraph.
(ii) Administrative review.--An alien may appeal a
determination described in clause (i) through the
Administrative Appeals Office of the Bureau of Citizenship
and Immigration Services. The Secretary shall ensure that a
determination on such appeal is made not later than 60 days
after the date that the appeal is filed.
(iii) Judicial review.--There may be no judicial review of
a determination described in clause (i).

SEC. 507. STUDENT VISAS.

(a) In General.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking ``he has no intention of abandoning, who
is'' and inserting the following: ``except in the case of an
alien described in clause (iv), the alien has no intention of
abandoning, who is--
``(I)'';
(B) by striking ``consistent with section 214(l)'' and
inserting ``(except for a graduate program described in
clause (iv)) consistent with section 214(m)'';
(C) by striking the comma at the end and inserting the
following: ``; or
``(II) engaged in temporary employment for optional
practical training related to the alien's area of study,
which practical training shall be authorized for a period or
periods of up to 24 months;'';
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)''; and
(B) by striking ``, and'' and inserting a semicolon; 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

[[Page S9950]]

``(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) Off Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in
an off-campus position unrelated to the alien's field of
study if--
(A) the alien has enrolled full-time at the educational
institution and is maintaining good academic standing;
(B) the employer provides the educational institution and
the Secretary of Labor with an attestation that the
employer--
(i) has spent at least 21 days recruiting United States
citizens to fill the position; and
(ii) will pay the alien and other similarly situated
workers at a rate equal to not less than the greater of--

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

(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between
academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice
and opportunity for a hearing, shall be disqualified from
employing an alien student under paragraph (1).
(g) Adjustment of Status.--Section 245(a) (8 U.S.C.
1255(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--The status of an alien, who was
inspected and admitted or paroled into the United States, or
who has an approved petition for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1), may be adjusted by the Secretary of
Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, to that of an alien lawfully admitted for
permanent residence if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa;
``(C) the alien is admissible to the United States for
permanent residence; and
``(D) an immigrant visa is immediately available to the
alien at the time the application is filed.
``(2) Student visas.--Notwithstanding the requirement under
paragraph (1)(D), an alien may file an application for
adjustment of status under this section if--
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under 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 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) Use of Fees.--
(1) Job training; scholarships.--Section 286(s)(1) (8
U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent
of the fees collected under section 245(a)(2)(D)'' before the
period at the end.
(2) Fraud prevention and detection.--Section 286(v)(1) (8
U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent
of the fees collected under section 245(a)(2)(D)'' before the
period at the end.

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to
Numerical Limitations on Employment Based Immigrants.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by section 505, is amended by adding at the end
the following:
``(G) Aliens who have earned an advanced degree in science,
technology, engineering, or math and have been working in a
related field in the United States under a nonimmigrant visa
during the 3-year period preceding their application for an
immigrant visa under section 203(b).
``(H) Aliens described in subparagraph (A) or (B) of
section 203(b)(1)(A) or who have received a national interest
waiver under section 203(b)(2)(B).
``(I) The spouse and minor children of an alien who is
admitted as an employment-based immigrant under section
203(b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification.--Section 212(a)(5)(A)(ii) (8
U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:

``(III) has an advanced degree in the sciences, technology,
engineering, or mathematics from an accredited university in
the United States and is employed in a field related to such
degree.''.

(c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g))
is amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each succeeding fiscal
year; or'' and inserting ``each of fiscal years 2004, 2005,
and 2006;''; and
(ii) by adding after clause (vii) the following:
``(viii) 115,000 in the first fiscal year beginning after
the date of the enactment of this clause; and
``(ix) the number calculated under paragraph (9) in each
fiscal year after the year described in clause (viii); or'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(D) has earned an advanced degree in science, technology,
engineering, or math.'';
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical
limitation under paragraph (1)(A)(ix) for the subsequent
fiscal year shall be equal to 120 percent of the numerical
limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to the numerical
limitation of the given fiscal year.''.
(d) Applicability.--The amendment made by subsection (c)(2)
shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
(e) Worldwide Level of Immigrants With Advanced Degrees.--
Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants
with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and
Immigrants With Advanced Degrees.--
``(1) Diversity immigrants.--The worldwide level of
diversity immigrants described in section 203(c)(1) is equal
to 18,333 for each fiscal year.
``(2) Immigrants with advanced degrees.--The worldwide
level of immigrants

[[Page S9951]]

with advanced degrees described in section 203(c)(2) is equal
to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8
U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens
subject to the worldwide level specified in section 201(e)''
and inserting ``paragraphs (2) and (3), aliens subject to the
worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Aliens who hold an advanced degree in science,
mathematics, technology, or engineering.--
``(A) In general.--Qualified immigrants who hold a master's
or doctorate degree in the life sciences, the physical
sciences, mathematics, technology, or engineering from an
accredited university in the United States, or an equivalent
foreign degree, shall be allotted visas each fiscal year in a
number not to exceed the worldwide level specified in section
201(e)(2).
``(B) Economic considerations.--Beginning on the date which
is 1 year after the date of the enactment of this paragraph,
the Secretary of State, in consultation with the Secretary of
Commerce and the Secretary of Labor, and after notice and
public hearing, shall determine which of the degrees
described in subparagraph (A) will provide immigrants with
the knowledge and skills that are most needed to meet
anticipated workforce needs and protect the economic security
of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this
subsection'' each place it appears and inserting ``paragraph
(1)''; and
(E) by amending paragraph (4), as redesignated, to read as
follows:
``(4) Maintenance of information.--
``(A) Diversity immigrants.--The Secretary of State shall
maintain information on the age, occupation, education level,
and other relevant characteristics of immigrants issued visas
under paragraph (1).
``(B) Immigrants with advanced degrees.--The Secretary of
State shall maintain information on the age, degree
(including field of study), occupation, work experience, and
other relevant characteristics of immigrants issued visas
under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting
``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection
(c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a
determination under subsection (c)(2)(B), immigrant visas
shall be issued in a strictly random order established by the
Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination
under subsection (c)(2)(B) and the number of eligible
qualified immigrants who have a degree selected under such
subsection and apply for an immigrant visa described in
subsection (c)(2) is greater than the worldwide level
specified in section 201(e)(2), the Secretary shall issue
immigrant visas only to such immigrants and in a strictly
random order established by the Secretary for the fiscal year
involved.
``(C) If the Secretary of State has made a determination
under subsection (c)(2)(B) and the number of eligible
qualified immigrants who have degrees selected under such
subsection and apply for an immigrant visa described in
subsection (c)(2) is not greater than the worldwide level
specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified
immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to
other eligible qualified immigrants with degrees described in
subsection (c)(2)(A) in a strictly random order established
by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e)
and (f) shall take effect on October 1, 2006.

SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.

Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by
sections 505 and 508, is further amended by adding at the end
the following:
``(J) Aliens who are eligible for a visa under paragraph
(1) or (3) of section 203(a) and are the children of a
citizen of the United States who was naturalized pursuant to
section 405 of the Immigration Act of 1990 (8 U.S.C. 1440
note).''.

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

[[Page S9952]]

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, 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--

[[Page S9953]]

``(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 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--

[[Page S9954]]

(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 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

[[Page S9955]]

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 section
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 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),

[[Page S9956]]

(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.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and
Reentry

SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE
AND REENTRY.

(a) Short Title.--This section may be cited as the
``Immigrant Accountability Act of 2006''.
(b) Adjustment of Status.--
(1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245A the
following:

``SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

``(a) Adjustment of Status.--
``(1) Principal aliens.--Notwithstanding any other
provision of law, including section 244(h) of this Act, the
Secretary of Homeland Security shall adjust to the status of
an alien lawfully admitted for permanent residence, an alien
who satisfies the following requirements:
``(A) Application.--The alien shall file an application
establishing eligibility for adjustment of status and pay the
fine required under subsection (m) and any additional amounts
owed under that subsection.
``(B) Continuous physical presence.--
``(i) In general.--The alien shall establish that the
alien--

``(I) was physically present in the United States on or
before the date that is 5 years before April 5, 2006;
``(II) was not legally present in the United States on
April 5, 2006, under any classification set forth in section
101(a)(15); and
``(III) did not depart from the United States during the 5-
year period ending on April 5, 2006, except for brief,
casual, and innocent departures.

``(ii) Legally present.--For purposes of this subparagraph,
an alien who has violated any conditions of his or her visa
shall be considered not to be legally present in the United
States.
``(C) Admissible under immigration laws.--The alien shall
establish that the alien is not inadmissible under section
212(a) except for any provision of that section that is
waived under subsection (b) of this section.
``(D) Employment in united states.--
``(i) In general.--The alien shall have been employed in
the United States, in the aggregate, for--

``(I) at least 3 years during the 5-year period ending on
April 5, 2006; and
``(II) at least 6 years after the date of enactment of the
Immigrant Accountability Act of 2006.

``(ii) Exceptions.--

``(I) The employment requirement in clause (i)(I) shall not
apply to an individual who is under 20 years of age on the
date of enactment of the Immigrant Accountability Act of
2006.
``(II) The employment requirement in clause (i)(II) shall
be reduced for an individual who cannot demonstrate
employment based on a physical or mental disability or as a
result of pregnancy.
``(III) The employment requirement in clause (i)(II) shall
be reduced for an individual who is under 20 years of age on
the date of enactment of the Immigrant Accountability Act of
2006 by a period of time equal to the time period beginning
on such date of enactment and ending on the date on which the
individual reaches 20 years of age.
``(IV) The employment requirements in clause (i) shall be
reduced by 1 year for each year of full time post-secondary
study in the United States during the relevant period.
``(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.

``(iii) Portability.--An alien shall not be required to
complete the employment requirements in clause (i) with the
same employer.
``(iv) Evidence of employment.--

``(I) Conclusive documents.--For purposes of satisfying the
requirements in clause (i), the alien shall submit at least 2
of the following documents for each period of employment,
which shall be considered conclusive evidence of such
employment:

``(aa) Records maintained by the Social Security
Administration.
``(bb) Records maintained by an employer, such as pay
stubs, time sheets, or employment work verification.
``(cc) Records maintained by the Internal Revenue Service.
``(dd) Records maintained by a union or day labor center.
``(ee) Records maintained by any other government agency,
such as worker compensation records, disability records, or
business licensing records.

``(II) Other documents.--An alien who is unable to submit a
document described in subclause (I) may satisfy the
requirement in clause (i) by submitting to the Secretary at
least 2 other types of reliable documents that provide
evidence of employment for each required period of
employment, including--

``(aa) bank records;
``(bb) business records;
``(cc) sworn affidavits from non-relatives who have direct
knowledge of the alien's work, including the name, address,
and phone number of the affiant, the nature and duration of
the relationship between the affiant and the alien, and other
verification information; or
``(dd) remittance records.
``(v) Burden of proof.--An alien applying for adjustment of
status under this subsection has the burden of proving by a
preponderance of the evidence that the alien has satisfied
the employment requirements in clause (i). Once the burden is
met, the burden shall shift to the Secretary of Homeland
Security to disprove the alien's evidence with a showing
which negates the reasonableness of the inference to be drawn
from the evidence.
``(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.
``(i) In general.--The alien may satisfy such requirement
by establishing that--
``(I) no such tax liability exists;
``(II) all outstanding liabilities have been met; or
``(III) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service and with the department of revenue of each State to
which taxes are owed.
``(ii) Limitation.--Provided further that an alien required
to pay taxes under this subparagraph, or who otherwise
satisfies the requirements of clause (i), shall not be
allowed to collect any tax refund for any taxable year prior
to 2006, or to file any claim for the Earned Income Tax
Credit, or any other tax credit otherwise allowable under the
tax code, prior to such taxable year.
``(F) Basic citizenship skills.--
``(i) In general.--Except as provided in clause (ii), the
alien shall demonstrate that the alien meets the requirements
of section 312(a) (relating to English proficiency and
understanding of United States history and Government).
``(ii) Exceptions.--

``(I) Mandatory.--The requirements of clause (i) shall not
apply to any person who is unable to comply with those
requirements because of a physical or developmental
disability or mental impairment.
``(II) Discretionary.--The Secretary of Homeland Security
may waive all or part of the requirements of clause (i) in
the case of an alien who is 65 years of age or older as of
the date of the filing of the application for adjustment of
status.

``(G) Security and law enforcement clearances.--The alien
shall submit fingerprints in accordance with procedures
established by the Secretary of Homeland Security. Such
fingerprints shall be submitted to relevant Federal agencies
to be checked against existing databases for information
relating to criminal, national security, or other law
enforcement actions that would render the alien ineligible
for adjustment of status under this subsection. The relevant
Federal agencies shall work to ensure that such clearances
are completed within 90 days of the submission of
fingerprints. An appeal of a security clearance determination
by the Secretary of Homeland Security shall be processed
through the Department of Homeland Security.
``(H) Military selective service.--The alien shall
establish that if the alien is within the age period required
under the Military Selective Service Act (50 U.S.C. App. 451
et seq.) that such alien has registered under that Act.
``(I) 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.
``(2) Spouses and children.--
``(A) In general.--
``(i) Adjustment of status.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall,
if otherwise eligible under subparagraph (B), adjust the
status to that of a lawful permanent resident for--

``(I) the spouse, or child who was under 21 years of age on
the date of enactment of the Immigrant Accountability Act of
2006, of an alien who adjusts status or is eligible to adjust
status to that of a permanent resident under paragraph (1);
or

[[Page S9957]]

``(II) an alien who, within 5 years preceding the date of
enactment of the Immigrant Accountability Act of 2006, was
the spouse or child of an alien who adjusts status to that of
a permanent resident under paragraph (1), if--

``(aa) the termination of the qualifying relationship was
connected to domestic violence; or
``(bb) the spouse or child has been battered or subjected
to extreme cruelty by the spouse or parent who adjusts status
or is eligible to adjust status to that of a permanent
resident under paragraph (1).
``(ii) Application of other law.--In acting on applications
filed under this paragraph with respect to aliens who have
been battered or subjected to extreme cruelty, the Secretary
of Homeland Security shall apply the provisions of section
204(a)(1)(J) and the protections, prohibitions, and penalties
under section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
``(B) Grounds of inadmissibility not applicable.--In
establishing admissibility to the United States, the spouse
or child described in subparagraph (A) shall establish that
they are not inadmissible under section 212(a), except for
any provision of that section that is waived under subsection
(b) of this section.
``(C) Security and law enforcement clearance.--The spouse
or child, if that child is 14 years of age or older,
described in subparagraph (A) shall submit fingerprints in
accordance with procedures established by the Secretary of
Homeland Security. Such fingerprints shall be submitted to
relevant Federal agencies to be checked against existing
databases for information relating to criminal, national
security, or other law enforcement actions that would render
the alien ineligible for adjustment of status under this
subsection. The relevant Federal agencies shall work to
ensure that such clearances are completed within 90 days of
the submission of fingerprints. An appeal of a denial by the
Secretary of Homeland Security shall be processed through the
Department of Homeland Security.
``(3) Nonapplicability of numerical limitations.--When an
alien is granted lawful permanent resident status under this
subsection, the number of immigrant visas authorized to be
issued under any provision of this Act shall not be reduced.
``(b) Grounds of Inadmissibility.--
``(1) Applicable provisions.--In the determination of an
alien's admissibility under paragraphs (1)(C) and (2) of
subsection (a), the following provisions of section 212(a)
shall apply and may not be waived by the Secretary of
Homeland Security under paragraph (3)(A):
``(A) Paragraph (1) (relating to health).
``(B) Paragraph (2) (relating to criminals).
``(C) Paragraph (3) (relating to security and related
grounds).
``(D) Subparagraphs (A) and (C) of paragraph (10) (relating
to polygamists and child abductors).
``(2) Grounds of inadmissibility not applicable.--The
provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F),
(6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and
(10)(B) of section 212(a) shall not apply to an alien who is
applying for adjustment of status under subsection (a).
``(3) Waiver of other grounds.--
``(A) In general.--Except as provided in paragraph (1), the
Secretary of Homeland Security may waive any provision of
section 212(a) in the case of individual aliens for
humanitarian purposes, to ensure family unity, or when it is
otherwise in the public interest.
``(B) Construction.--Nothing in this paragraph shall be
construed as affecting the authority of the Secretary of
Homeland Security, other than under this subparagraph, to
waive the provisions of section 212(a).
``(4) Special rule for determination of public charge.--An
alien is not ineligible for adjustment of status under
subsection (a) by reason of a ground of inadmissibility under
section 212(a)(4) if the alien establishes a history of
employment in the United States evidencing self-support
without public cash assistance.
``(5) Special rule for individuals where there is no
commercial purpose.--An alien is not ineligible for
adjustment of status under subsection (a) by reason of a
ground of inadmissibility under section 212(a)(6)(E) if the
alien establishes that the action referred to in that section
was taken for humanitarian purposes, to ensure family unity,
or was otherwise in the public interest.
``(6) Applicability of other provisions.--Section 241(a)(5)
and section 240B(d) shall not apply with respect to an alien
who is applying for adjustment of status under subsection
(a).
``(7) Ineligibility.--
``(A) In general.--An alien is ineligible for adjustment to
lawful permanent resident status under this section if--
``(i) the alien has been ordered removed from the United
States--

``(I) for overstaying the period of authorized admission
under section 217;
``(II) under section 235 or 238; or
``(III) pursuant to a final order of removal under section
240;

``(ii) the alien failed to depart the United States during
the period of a voluntary departure order issued under
section 240B;
``(iii) the alien is subject to section 241(a)(5);
``(iv) the Secretary of Homeland Security determines that--

``(I) the alien, having been convicted by a final judgment
of a serious crime, constitutes a danger to the community of
the United States;
``(II) there are reasonable grounds for believing that the
alien has committed a serious crime outside the United States
prior to the arrival of the alien in the United States; or
``(III) there are reasonable grounds for regarding the
alien as a danger to the security of the United States; or

``(v) the alien has been convicted of a felony or 3 or more
misdemeanors.
``(B) Exception.--Notwithstanding subparagraph (A), an
alien who has not been ordered removed from the United States
shall remain eligible for adjustment to lawful permanent
resident status under this section if the alien's
ineligibility under subparagraph (A) is solely related to the
alien's--
``(i) entry into the United States without inspection;
``(ii) remaining in the United States beyond the period of
authorized admission; or
``(iii) failure to maintain legal status while in the
United States.
``(C) Waiver.--The Secretary may, in the Secretary's sole
and unreviewable discretion, waive the application of
subparagraph (A) if the alien was ordered removed on the
basis that the alien--
``(i) entered without inspection;
``(ii) failed to maintain status; or
``(iii) was ordered removed under 212(a)(6)(C)(i) prior to
April 7, 2006,
and--
``(i) demonstrates that the alien did not receive notice of
removal proceedings in accordance with paragraph (1) or (2)
of section 239(a); or
``(ii) establishes that the alien's failure to appear was
due to exceptional circumstances beyond the control of the
alien; or
``(iii) the alien's departure from the United States now
would result in extreme hardship to the alien's spouse,
parent, or child who is a citizen of the United States or an
alien lawfully admitted for permanent residence.
``(c) Treatment of Applicants.--
``(1) In general.--An alien who files an application under
subsection (a)(1)(A) for adjustment of status, including a
spouse or child who files for adjustment of status under
subsection (b)--
``(A) shall be granted employment authorization pending
final adjudication of the alien's application for adjustment
of status;
``(B) shall be granted permission to travel abroad pursuant
to regulation pending final adjudication of the alien's
application for adjustment of status;
``(C) shall not be detained, determined inadmissible or
deportable, or removed pending final adjudication of the
alien's application for adjustment of status, unless the
alien commits an act which renders the alien ineligible for
such adjustment of status; and
``(D) shall not be considered an unauthorized alien as
defined in section 274A(i) until such time as employment
authorization under subparagraph (A) is denied.
``(2) Document of authorization.--The Secretary of Homeland
Security shall provide each alien described in paragraph (1)
with a counterfeit-resistant document of authorization that--
``(A) meets all current requirements established by the
Secretary of Homeland Security for travel documents,
including the requirements under section 403 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note); and
``(B) reflects the benefits and status set forth in
paragraph (1).
``(3) Security and law enforcement clearance.--Before an
alien is granted employment authorization or permission to
travel under paragraph (1), the alien shall be required to
undergo a name check against existing databases for
information relating to criminal, national security, or other
law enforcement actions. The relevant Federal agencies shall
work to ensure that such name checks are completed not later
than 90 days after the date on which the name check is
requested.
``(4) Termination of proceedings.--An alien in removal
proceedings who establishes prima facie eligibility for
adjustment of status under subsection (a) shall be entitled
to termination of the proceedings pending the outcome of the
alien's application, unless the removal proceedings are based
on criminal or national security grounds.
``(e) Confidentiality of Information.--
``(1) In general.--Except as otherwise provided in this
section, no Federal agency or bureau, nor any officer or
employee of such agency or bureau, may--
``(A) use the information furnished by the applicant
pursuant to an application filed under paragraph (1) or (2)
of subsection (a) for any purpose other than to make a
determination on the application;
``(B) make any publication through which the information
furnished by any particular applicant can be identified; or
``(C) permit anyone other than the sworn officers and
employees of such agency, bureau, or approved entity, as
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed.
``(2) Required disclosures.--The Secretary of Homeland
Security and the Secretary of State shall provide the
information furnished pursuant to an application filed under
paragraph (1) or (2) of subsection (a), and any other
information derived from such furnished information, to a
duly recognized law enforcement entity in connection with a
criminal investigation or prosecution or a

[[Page S9958]]

national security investigation or prosecution, in each
instance about an individual suspect or group of suspects,
when such information is requested in writing by such entity.
``(3) Criminal penalty.--Any person who knowingly uses,
publishes, or permits information to be examined in violation
of this subsection shall be fined not more than $10,000.
``(f) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--
``(A) Violation.--It shall be unlawful for any person to--
``(i) file or assist in filing an application for
adjustment of status under this section and knowingly and
willfully falsify, conceal, or cover up a material fact or
make any false, fictitious, or fraudulent statements or
representations, or make or use any false writing or document
knowing the same to contain any false, fictitious, or
fraudulent statement or entry; or
``(ii) create or supply a false writing or document for use
in making such an application.
``(B) Penalty.--Any person who violates subparagraph (A)
shall be fined in accordance with title 18, United States
Code, or imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States.
``(3) Exception.--Notwithstanding paragraphs (1) and (2),
any alien or other entity (including an employer or union)
that submits an employment record that contains incorrect
data that the alien used in order to obtain such employment,
shall not have violated this subsection.
``(g) Ineligibility for Public Benefits.--For purposes of
section 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an
alien whose status has been adjusted in accordance with
subsection (a) shall not be eligible for any Federal means-
tested public benefit unless the alien meets the alien
eligibility criteria for such benefit under title IV of such
Act (8 U.S.C. 1601 et seq.).
``(h) Relationships of Application to Certain Orders.--
``(1) In general.--An alien who is present in the United
States and has been ordered excluded, deported, removed, or
to depart voluntarily from the United States or is subject to
reinstatement of removal under any provision of this Act may,
notwithstanding such order, apply for adjustment of status
under subsection (a). Such an alien shall not be required, as
a condition of submitting or granting such application, to
file a separate motion to reopen, reconsider, or vacate the
exclusion, deportation, removal or voluntary departure order.
If the Secretary of Homeland Security grants the application,
the order shall be canceled. If the Secretary of Homeland
Security renders a final administrative decision to deny the
application, such order shall be effective and enforceable.
Nothing in this paragraph shall affect the review or stay of
removal under subsection (j).
``(2) Stay of removal.--The filing of an application
described in paragraph (1) shall stay the removal or
detainment of the alien pending final adjudication of the
application, unless the removal or detainment of the alien is
based on criminal or national security grounds.
``(i) Application of Other Provisions.--Nothing in this
section shall preclude an alien who may be eligible to be
granted adjustment of status under subsection (a) from
seeking such status under any other provision of law for
which the alien may be eligible.
``(j) Administrative and Judicial Review.--
``(1) In general.--Except as provided in this subsection,
there shall be no administrative or judicial review of a
determination respecting an application for adjustment of
status under subsection (a).
``(2) Administrative review.--
``(A) Single level of administrative appellate review.--The
Secretary of Homeland Security shall establish an appellate
authority to provide for a single level of administrative
appellate review of a determination respecting an application
for adjustment of status under subsection (a).
``(B) Standard for review.--Administrative appellate review
referred to in subparagraph (A) shall be based solely upon
the administrative record established at the time of the
determination on the application and upon the presentation of
additional or newly discovered evidence during the time of
the pending appeal.
``(3) Judicial review.--
``(A) Direct review.--A person whose application for
adjustment of status under subsection (a) is denied after
administrative appellate review under paragraph (2) may seek
review of such denial, in accordance with chapter 7 of title
5, United States Code, before the United States district
court for the district in which the person resides.
``(B) Review after removal proceedings.--There shall be
judicial review in the Federal courts of appeal of the denial
of an application for adjustment of status under subsection
(a) in conjunction with judicial review of an order of
removal, deportation, or exclusion, but only if the validity
of the denial has not been upheld in a prior judicial
proceeding under subparagraph (A). Notwithstanding any other
provision of law, the standard for review of such a denial
shall be governed by subparagraph (C).
``(C) Standard for judicial review.--Judicial review of a
denial of an application under this section shall be based
solely upon the administrative record established at the time
of the review. The findings of fact and other determinations
contained in the record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record, considered as a whole.
``(4) Stay of removal.--Aliens seeking administrative or
judicial review under this subsection shall not be removed
from the United States until a final decision is rendered
establishing ineligibility under this section, unless such
removal is based on criminal or national security grounds.
``(k) Dissemination of Information on Adjustment Program.--
During the 12 months following the issuance of final
regulations in accordance with subsection (o), the Secretary
of Homeland Security, in cooperation with approved entities,
approved by the Secretary of Homeland Security, shall broadly
disseminate information respecting adjustment of status under
this section and the requirements to be satisfied to obtain
such status. The Secretary of Homeland Security shall also
disseminate information to employers and labor unions to
advise them of the rights and protections available to them
and to workers who file applications under this section. Such
information shall be broadly disseminated, in the languages
spoken by the top 15 source countries of the aliens who would
qualify for adjustment of status under this section,
including to television, radio, and print media such aliens
would have access to.
``(l) Employer Protections.--
``(1) Immigration status of alien.--Employers of aliens
applying for adjustment of status under this section shall
not be subject to civil and criminal tax liability relating
directly to the employment of such alien.
``(2) Provision of employment records.--Employers that
provide unauthorized aliens with copies of employment records
or other evidence of employment pursuant to an application
for adjustment of status under this section or any other
application or petition pursuant to other provisions of the
immigration laws, shall not be subject to civil and criminal
liability pursuant to section 274A for employing such
unauthorized aliens.
``(3) Applicability of other law.--Nothing in this
subsection shall be used to shield an employer from liability
pursuant to section 274B or any other labor and employment
law provisions.
``(m) Authorization of Funds; Fines.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Department of Homeland
Security such sums as are necessary to commence the
processing of applications filed under this section.
``(2) Fine.--An alien who files an application under this
section shall pay a fine commensurate with levels charged by
the Department of Homeland Security for other applications
for adjustment of status.
``(3) Additional amounts owed.--Prior to the adjudication
of an application for adjustment of status filed under this
section, the alien shall pay an amount equaling $2,000, but
such amount shall not be required from an alien under the age
of 18.
``(4) Use of amounts collected.--The Secretary of Homeland
Security shall deposit payments received under paragraphs (2)
and (3) in the Immigration Examinations Fee Account, and
these payments in such account shall be available, without
fiscal year limitation, such that--
``(A) 80 percent of such funds shall be available to the
Department of Homeland Security for border security purposes;
``(B) 10 percent of such funds shall be available to the
Department of Homeland Security for implementing and
processing applications under this section; and
``(C) 10 percent of such funds shall be available to the
Department of Homeland Security and the Department of State
to cover administrative and other expenses incurred in
connection with the review of applications filed by immediate
relatives of aliens applying for adjustment of status under
this section.
``(5) State impact assistance fee.--
``(A) In general.--In addition to any other amounts
required to be paid under this subsection, an alien shall
submit, at the time the alien files an application under this
section, a State impact assistance fee equal to--
``(i) $750 for the principal alien; and
``(ii) $100 for the spouse and each child described in
subsection (a)(2).
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance Account
established under section 286(x).
``(n) Mandatory Departure and Reentry.--Any alien who was
physically present in the United States on January 7, 2004,
who seeks to adjust status under this section, but does not
satisfy the requirements of subparagraph (B) or (D) of
subsection (a)(1), shall be eligible to depart the United
States and to seek admission as a nonimmigrant or an
immigrant alien described in section 245C.
``(o) Issuance of Regulations.--Not later than 120 days
after the date of enactment of the Immigrant Accountability
Act of 2006, the Secretary of Homeland Security shall issue
regulations to implement this section.''.

[[Page S9959]]

(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended by inserting after the item relating
to section 245A the following:

``245B. Access to Earned Adjustment''.

(c) Mandatory Departure and Reentry.--
(1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.), as amended by subsection (b)(1), is further amended by
inserting after section 245B the following:

``SEC. 245C. MANDATORY DEPARTURE AND REENTRY.

``(a) In General.--The Secretary of Homeland Security may
grant Deferred Mandatory Departure status to aliens who are
in the United States illegally to allow such aliens time to
depart the United States and to seek admission as a
nonimmigrant or immigrant alien.
``(b) Requirements.--Notwithstanding section 244(h), an
alien desiring an adjustment of status under subsection (a)
shall meet the following requirements:
``(1) Presence.--The alien shall establish that the alien--
``(A) was physically present in the United States on
January 7, 2004;
``(B) has been continuously in the United States since such
date, except for brief, casual, and innocent departures; and
``(C) was not legally present in the United States on that
date under any classification set forth in section
101(a)(15).
``(2) Employment.--
``(A) In general.--The alien shall establish that the
alien--
``(i) was employed in the United States, whether full time,
part time, seasonally, or self-employed, before January 7,
2004; and
``(ii) has been continuously employed in the United States
since that date, except for brief periods of unemployment
lasting not longer than 60 days.
``(B) Evidence of employment.--
``(i) In general.--An alien may conclusively establish
employment status in compliance with subparagraph (A) by
submitting to the Secretary of Homeland Security records
demonstrating such employment maintained by--

``(I) the Social Security Administration, Internal Revenue
Service, or by any other Federal, State, or local government
agency;
``(II) an employer; or
``(III) a labor union, day labor center, or an organization
that assists workers in matters related to employment.

``(ii) Other documents.--An alien who is unable to submit a
document described in subclauses (I) through (III) of clause
(i) may satisfy the requirement in subparagraph (A) by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
including--

``(I) bank records;
``(II) business records;
``(III) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work, including the name, address,
and phone number of the affiant, the nature and duration of
the relationship between the affiant and the alien, and other
verification information; or
``(IV) remittance records.

``(iii) Intent of congress.--It is the intent of Congress
that the requirement in this subsection be interpreted and
implemented in a manner that recognizes and takes into
account the difficulties encountered by aliens in obtaining
evidence of employment due to the undocumented status of the
alien.
``(iv) Burden of proof.--An alien who is applying for
adjustment of status under this section has the burden of
proving by a preponderance of the evidence that the alien has
satisfied the requirements of this subsection. An alien may
meet such burden of proof by producing sufficient evidence to
demonstrate such employment as a matter of reasonable
inference.
``(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.
``(3) Admissibility.--
``(A) In general.--The alien shall establish that such
alien--
``(i) is admissible to the United States, except as
provided as in (B); and
``(ii) has not assisted in the persecution of any person or
persons on account of race, religion, nationality, membership
in a particular social group, or political opinion.
``(B) Grounds not applicable.--The provisions of paragraphs
(5), (6)(A), (7), and (9)(B) of section 212(a) shall not
apply.
``(C) Waiver.--The Secretary of Homeland Security may waive
any other provision of section 212(a), or a ground of
ineligibility under paragraph (4), in the case of individual
aliens for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest.
``(4) Ineligibility.--
``(A) In general.--The alien is ineligible for Deferred
Mandatory Departure status if the alien--
``(i) has been ordered removed from the United States--

``(I) for overstaying the period of authorized admission
under section 217;
``(II) under section 235 or 238; or
``(III) pursuant to a final order of removal under section
240;

``(ii) the alien failed to depart the United States during
the period of a voluntary departure order issued under
section 240B;
``(iii) the alien is subject to section 241(a)(5);
``(iv) the Secretary of Homeland Security determines that--

``(I) the alien, having been convicted by a final judgment
of a serious crime, constitutes a danger to the community of
the United States;
``(II) there are reasonable grounds for believing that the
alien has committed a serious crime outside the United States
prior to the arrival of the alien in the United States; or
``(III) there are reasonable grounds for regarding the
alien as a danger to the security of the United States; or

``(v) the alien has been convicted of a felony or 3 or more
misdemeanors.
``(B) Exception.--Notwithstanding subparagraph (A), an
alien who has not been ordered removed from the United States
shall remain eligible for adjustment to lawful permanent
resident status under this section if the alien's
ineligibility under subparagraph (A) is solely related to the
alien's--
``(i) entry into the United States without inspection;
``(ii) remaining in the United States beyond the period of
authorized admission; or
``(iii) failure to maintain legal status while in the
United States.
``(C) Waiver.--The Secretary may, in the Secretary's sole
and unreviewable discretion, waive the application of
subparagraph (A) if the alien was ordered removed on the
basis that the alien--
``(i) entered without inspection;
``(ii) failed to maintain status; or
``(iii) was ordered removed under 212(a)(6)(C)(i) prior to
April 7, 2006,

and--
``(i) demonstrates that the alien did not receive notice of
removal proceedings in accordance with paragraph (1) or (2)
of section 239(a); or
``(ii) establishes that the alien's failure to appear was
due to exceptional circumstances beyond the control of the
alien; or
``(iii) the alien's departure from the United States now
would result in extreme hardship to the alien's spouse,
parent, or child who is a citizen of the United States or an
alien lawfully admitted for permanent residence.
``(5) Medical examination.--The alien may be required, at
the alien's expense, to undergo such a medical examination
(including a determination of immunization status) as is
appropriate and conforms to generally accepted professional
standards of medical practice.
``(6) Termination.--The Secretary of Homeland Security may
terminate an alien's Deferred Mandatory Departure status if--
``(A) the Secretary of Homeland Security determines that
the alien was not in fact eligible for such status; or
``(B) the alien commits an act that makes the alien
removable from the United States.
``(7) Application content and waiver.--
``(A) Application form.--The Secretary of Homeland Security
shall create an application form that an alien shall be
required to complete as a condition of obtaining Deferred
Mandatory Departure status.
``(B) Content.--In addition to any other information that
the Secretary requires to determine an alien's eligibility
for Deferred Mandatory Departure, the Secretary shall require
an alien to answer questions concerning the alien's physical
and mental health, criminal history, gang membership,
renunciation of gang affiliation, immigration history,
involvement with groups or individuals that have engaged in
terrorism, genocide, persecution, or who seek the overthrow
of the United States Government, voter registration history,
claims to United States citizenship, and tax history.
``(C) Waiver.--The Secretary of Homeland Security shall
require an alien to include with the application a waiver of
rights that explains to the alien that, in exchange for the
discretionary benefit of obtaining Deferred Mandatory
Departure status, the alien agrees to waive any right to
judicial review or to contest any removal action, other than
on the basis of an application for asylum or restriction of
removal pursuant to the provisions contained in section 208
or 241(b)(3), or under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984, or cancellation of
removal pursuant to section 240A(a).
``(D) Knowledge.--The Secretary of Homeland Security shall
require an alien to include with the application a signed
certification in which the alien certifies that the alien has
read and understood all of the questions and statements on
the application form, and that the alien certifies under
penalty of perjury under the laws of the United States that
the application, and any evidence submitted with it, are all
true and correct, and that the applicant authorizes the
release of any information contained in the application and
any attached evidence for law enforcement purposes.
``(c) Implementation and Application Time Periods.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that the application process is secure and
incorporates antifraud protection. The Secretary of Homeland
Security shall interview an alien to determine eligibility
for Deferred Mandatory Departure status and shall utilize
biometric authentication at time of document issuance.
``(2) Initial receipt of applications.--The Secretary of
Homeland Security shall begin accepting applications for
Deferred Mandatory Departure status not later than 3

[[Page S9960]]

months after the date on which the application form is first
made available.
``(3) Application.--An alien must submit an initial
application for Deferred Mandatory Departure status not later
than 6 months after the date on which the application form is
first made available. An alien that fails to comply with this
requirement is ineligible for Deferred Mandatory Departure
status. The provisions under subsections (e) and (f) of
section 245B shall apply to applications filed under this
section.
``(4) Completion of processing.--The Secretary of Homeland
Security shall ensure that all applications for Deferred
Mandatory Departure status are processed not later than 12
months after the date on which the application form is first
made available.
``(d) Security and Law Enforcement Background Checks.--An
alien may not be granted Deferred Mandatory Departure status
unless the alien submits biometric data in accordance with
procedures established by the Secretary of Homeland Security.
The Secretary of Homeland Security may not grant Deferred
Mandatory Departure status until all appropriate background
checks are completed to the satisfaction of the Secretary of
Homeland Security.
``(e) Acknowledgment.--
``(1) In general.--An alien who applies for Deferred
Mandatory Departure status shall submit to the Secretary of
Homeland Security--
``(A) an acknowledgment made in writing and under oath that
the alien--
``(i) is unlawfully present in the United States and
subject to removal or deportation, as appropriate, under this
Act; and
``(ii) understands the terms of the terms of Deferred
Mandatory Departure;
``(B) any Social Security account number or card in the
possession of the alien or relied upon by the alien;
``(C) any false or fraudulent documents in the alien's
possession.
``(2) Use of information.--None of the documents or other
information provided in accordance with paragraph (1) may be
used in a criminal proceeding against the alien providing
such documents or information.
``(f) Mandatory Departure.--
``(1) In general.--The Secretary of Homeland Security shall
grant Deferred Mandatory Departure status to an alien who
meets the requirements of this section for a period not to
exceed 3 years.
``(2) Registration at time of departure.--An alien granted
Deferred Mandatory Departure shall--
``(A) depart from the United States before the expiration
of the period of Deferred Mandatory Departure status;
``(B) register with the Secretary of Homeland Security at
the time of departure; and
``(C) surrender any evidence of Deferred Mandatory
Departure status at the time of departure.
``(3) Application for readmission.--
``(A) In general.--An alien under this section may apply
for admission to the United States as an immigrant or
nonimmigrant while in the United States or from any location
outside of the United States, but may not be granted
admission until the alien has departed from the United States
in accordance with paragraph (2).
``(B) Approval.--The Secretary may approve an application
under subparagraph (A) during the period in which the alien
is present in the United States under Deferred Mandatory
Departure status.
``(C) US-visit.--An alien in Deferred Mandatory Departure
status who is seeking admission as a nonimmigrant or
immigrant alien may exit the United States and immediately
reenter the United States at any land port of entry at which
the US-VISIT exit and entry system can process such alien for
admission into the United States.
``(D) Interview requirements.--Notwithstanding any other
provision of law, any admission requirement involving in-
person interviews at a consulate of the United States shall
be waived for aliens granted Deferred Mandatory Departure
status under this section.
``(E) Waiver of numerical limitations.--The numerical
limitations under section 214 shall not apply to any alien
who is admitted as a nonimmigrant under this paragraph.
``(4) Effect of readmission on spouse or child.--The spouse
or child of an alien granted Deferred Mandatory Departure and
subsequently granted an immigrant or nonimmigrant visa before
departing the United States shall be--
``(A) deemed to have departed under this section upon the
successful admission of the principal alien; and
``(B) eligible for the derivative benefits associated with
the immigrant or nonimmigrant visa granted to the principal
alien without regard to numerical caps related to such visas.
``(5) Waivers.--The Secretary of Homeland Security may
waive the departure requirement under this subsection if the
alien--
``(A) is granted an immigrant or nonimmigrant visa; and
``(B) can demonstrate that the departure of the alien would
create a substantial hardship on the alien or an immediate
family member of the alien.
``(6) Return in legal status.--An alien who complies with
the terms of Deferred Mandatory Departure status and who
departs before the expiration of such status--
``(A) shall not be subject to section 212(a)(9)(B);
``(B) if otherwise eligible, may immediately seek admission
as a nonimmigrant or immigrant; and
``(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).
``(7) Failure to depart.--An alien who fails to depart the
United States prior to the expiration of Mandatory Deferred
Departure status is not eligible and may not apply for or
receive any immigration relief or benefit under this Act or
any other law for a period of 10 years, with the exception of
section 208 or 241(b)(3) or the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, in the case
of an alien who indicates either an intention to apply for
asylum under section 208 or a fear of persecution or torture.
``(8) Penalties for delayed departure.--An alien who fails
to depart immediately shall be subject to--
``(A) no fine if the alien departs not later than 1 year
after the grant of Deferred Mandatory Departure;
``(B) a fine of $2,000 if the alien does not depart within
2 years after the grant of Deferred Mandatory Departure; and
``(C) a fine of $3,000 if the alien does not depart within
3 years after the grant of Deferred Mandatory Departure.
``(g) Evidence of Deferred Mandatory Departure Status.--
Evidence of Deferred Mandatory Departure status shall be
machine-readable and tamper-resistant, shall allow for
biometric authentication, and shall comply with the
requirements under section 403 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note). The Secretary of Homeland Security is authorized
to incorporate integrated-circuit technology into the
document. The Secretary of Homeland Security shall consult
with the Forensic Document Laboratory in designing the
document. The document may serve as a travel, entry, and work
authorization document during the period of its validity. The
document may be accepted by an employer as evidence of
employment authorization and identity under section 274A(c).
``(h) Terms of Status.--
``(1) Reporting.--During the period of Deferred Mandatory
Departure, an alien shall comply with all registration
requirements under section 264.
``(2) Travel.--
``(A) An alien granted Deferred Mandatory Departure is not
subject to section 212(a)(9) for any unlawful presence that
occurred prior to the Secretary of Homeland Security granting
the alien Deferred Mandatory Departure status.
``(B) Under regulations established by the Secretary of
Homeland Security, an alien granted Deferred Mandatory
Departure--
``(i) may travel outside of the United States and may be
readmitted if the period of Deferred Mandatory Departure
status has not expired; and
``(ii) must establish at the time of application for
admission that the alien is admissible under section 212.
``(C) Effect on period of authorized admission.--Time spent
outside the United States under subparagraph (B) shall not
extend the period of Deferred Mandatory Departure status.
``(3) Benefits.--During the period in which an alien is
granted Deferred Mandatory Departure under this section--
``(A) the alien shall not be considered to be permanently
residing in the United States under the color of law and
shall be treated as a nonimmigrant admitted under section
214; and
``(B) the alien may be deemed ineligible for public
assistance by a State (as defined in section 101(a)(36)) or
any political subdivision thereof which furnishes such
assistance.
``(i) Prohibition on Change of Status or Adjustment of
Status.--
``(1) In general.--Before leaving the United States, an
alien granted Deferred Mandatory Departure status may not
apply to change status under section 248.
``(2) Adjustment of status.--An alien may not adjust to an
immigrant classification under this section until after the
earlier of--
``(A) the consideration of all applications filed under
section 201, 202, or 203 before the date of enactment of this
section; or
``(B) 8 years after the date of enactment of this section.
``(j) Application Fee.--
``(1) In general.--An alien seeking a grant of Deferred
Mandatory Departure status shall submit, in addition to any
other fees authorized by law, an application fee of $1,000.
``(2) Use of fee.--The fees collected under paragraph (1)
shall be available for use by the Secretary of Homeland
Security for activities to identify, locate, or remove
illegal aliens.
``(3) State impact assistance fee.--
``(A) In general.--In addition to any other amounts
required to be paid under this subsection, an alien seeking
Deferred Mandatory Departure status shall submit, at the time
the alien files an application under this section, a State
impact assistance fee equal to $750.
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance Account
established under section 286(x).
``(k) Family Members.--
``(1) In general.--Subject to subsection (f)(4), the spouse
or child of an alien granted

[[Page S9961]]

Deferred Mandatory Departure status is subject to the same
terms and conditions as the principal alien.
``(2) Application fee.--
``(A) In general.--The spouse or child of an alien seeking
Deferred Mandatory Departure status shall submit, in addition
to any other fee authorized by law, an additional fee of
$500.
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be available for use by the Secretary of Homeland
Security for activities to identify, locate, or remove aliens
who are removable under section 237.
``(3) State impact assistance fee.--
``(A) In general.--In addition to any other amounts
required to be paid under this subsection, the spouse and
each child of an alien seeking Deferred Mandatory Departure
status shall submit a State impact assistance fee equal to
$100.
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance Account
established under section 286(x).
``(l) Employment.--
``(1) In general.--An alien who has applied for or has been
granted Deferred Mandatory Departure status may be employed
in the United States.
``(2) Continuous employment.--An alien granted Deferred
Mandatory Departure status must be employed while in the
United States. An alien who fails to be employed for 60 days
is ineligible for hire until the alien has departed the
United States and reentered. The Secretary of Homeland
Security may reauthorize an alien for employment without
requiring the alien's departure from the United States.
``(m) Enumeration of Social Security Number.--The Secretary
of Homeland Security, in coordination with the Commissioner
of the Social Security system, shall implement a system to
allow for the enumeration of a Social Security number and
production of a Social Security card at the time the
Secretary of Homeland Security grants an alien Deferred
Mandatory Departure status.
``(n) Penalties for False Statements in Application for
Deferred Mandatory Departure.--
``(1) Criminal penalty.--
``(A) Violation.--It shall be unlawful for any person--
``(i) to file or assist in filing an application for
adjustment of status under this section and knowingly and
willfully falsify, misrepresent, conceal, or cover up a
material fact or make any false, fictitious, or fraudulent
statements or representations, or make or use any false
writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry; or
``(ii) to create or supply a false writing or document for
use in making such an application.
``(B) Penalty.--Any person who violates subparagraph (A)
shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States on the ground described in
section 212(a)(6)(C)(i).
``(o) Relation to Cancellation of Removal.--With respect to
an alien granted Deferred Mandatory Departure status under
this section, the period of such status shall not be counted
as a period of physical presence in the United States for
purposes of section 240A(a), unless the Secretary of Homeland
Security determines that extreme hardship exists.
``(p) Waiver of Rights.--An alien is not eligible for
Deferred Mandatory Departure status, unless the alien has
waived any right under subsection (b)(7)(C), other than on
the basis of an application for asylum, restriction of
removal, or protection under the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, or
cancellation of removal pursuant to section 240A(a), any
action for deportation or removal of the alien that is
instituted against the alien subsequent to a grant of
Deferred Mandatory Departure status.
``(q) Denial of Discretionary Relief.--The determination of
whether an alien is eligible for a grant of Deferred
Mandatory Departure status is solely within the discretion of
the Secretary of Homeland Security. Notwithstanding any other
provision of law, no court shall have jurisdiction to
review--
``(1) any judgment regarding the granting of relief under
this section; or
``(2) any other decision or action of the Secretary of
Homeland Security the authority for which is specified under
this section to be in the discretion of the Secretary, other
than the granting of relief under section 208(a).
``(r) Judicial Review.--
``(1) Limitations on relief.--Without regard to the nature
of the action or claim and without regard to the identity of
the party or parties bringing the action, no court may--
``(A) enter declaratory, injunctive, or other equitable
relief in any action pertaining to--
``(i) an order or notice denying an alien a grant of
Deferred Mandatory Departure status or any other benefit
arising from such status; or
``(ii) an order of removal, exclusion, or deportation
entered against an alien after a grant of Deferred Mandatory
Departure status; or
``(B) certify a class under Rule 23 of the Federal Rules of
Civil Procedure in any action for which judicial review is
authorized under a subsequent paragraph of this subsection.
``(2) Challenges to validity.--
``(A) In general.--Any right or benefit not otherwise
waived or limited pursuant this section is available in an
action instituted in the United States District Court for the
District of Columbia, but shall be limited to determinations
of--
``(i) whether such section, or any regulation issued to
implement such section, violates the Constitution of the
United States; or
``(ii) whether such a regulation, or a written policy
directive, written policy guideline, or written procedure
issued by or under the authority of the Secretary of Homeland
Security to implement such section, is not consistent with
applicable provisions of this section or is otherwise in
violation of law.''.
(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.), as amended by this subsection (b)(2), is
further amended by inserting after the item relating to
section 245B the following:

``245C. Mandatory Departure and Reentry''.

(3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8
U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6
months in the case of an alien granted Deferred Mandatory
Departure status under section 245C)'' after ``imposed''.
(4) Statutory construction.--Nothing in this subsection, or
any amendment made by this subsection, shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
(5) Authorization of appropriations.--There are authorized
to be appropriated such amounts as may be necessary for
facilities, personnel (including consular officers),
training, technology, and processing necessary to carry out
the amendments made by this subsection.
(d) Correction of Social Security Records.--Section
208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is
amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) whose status is adjusted to that of lawful permanent
resident under section 245B of the Immigration and
Nationality Act,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred prior to the date on
which the alien became lawfully admitted for temporary
residence.''.
(e) State Impact Assistance Account.--Section 286 (8 U.S.C.
1356) is amended by inserting after subsection (w) the
following:
``(x) State Impact Assistance Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account, which shall be known
as the `State Impact Assistance Account'.
``(2) Source of funds.--Notwithstanding any other provision
under this Act, there shall be deposited as offsetting
receipts into the State Impact Assistance Account all State
impact assistance fees collected under section 245B(m)(5) and
subsections (j)(3) and (k)(3) of section 245C.
``(3) Use of funds.--Amounts deposited into the State
Impact Assistance Account may only be used to carry out the
State Impact Assistance Grant Program established under
paragraph (4).
``(4) State impact assistance grant program.--
``(A) Establishment.--The Secretary of Health and Human
Services, in consultation with the Secretary of Education,
shall establish the State Impact Assistance Grant Program
(referred to in this section as the `Program'), under which
the Secretary may award grants to States to provide health
and education services to noncitizens in accordance with this
paragraph.
``(B) State allocations.--The Secretary of Health and Human
Services shall annually allocate the amounts available in the
State Impact Assistance Account among the States as follows:
``(i) Noncitizen population.--Eighty percent of such
amounts shall be allocated so that each State receives the
greater of--

``(I) $5,000,000; or
``(II) after adjusting for allocations under subclause (I),
the percentage of the amount to be distributed under this
clause that is equal to the noncitizen resident population of
the State divided by the noncitizen resident population of
all States, based on the most recent data available from the
Bureau of the Census.

``(ii) High growth rates.--Twenty percent of such amounts
shall be allocated among the 20 States with the largest
growth rates in noncitizen resident population, as determined
by the Secretary of Health and Human Services, so that each
such State receives the percentage of the amount distributed
under this clause that is equal to--

``(I) the growth rate in the noncitizen resident population
of the State during the most recent 3-year period for which
data is available from the Bureau of the Census; divided by
``(II) the average growth rate in noncitizen resident
population for the 20 States during such 3-year period.

[[Page S9962]]

``(iii) Legislative appropriations.--The use of grant funds
allocated to States under this paragraph shall be subject to
appropriation by the legislature of each State in accordance
with the terms and conditions under this paragraph.
``(C) Funding for local government.--
``(i) Distribution criteria.--Grant funds received by
States under this paragraph shall be distributed to units of
local government based on need and function.
``(ii) Minimum distribution.--Except as provided in clause
(iii), a State shall distribute not less than 30 percent of
the grant funds received under this paragraph to units of
local government not later than 180 days after receiving such
funds.
``(iii) Exception.--If an eligible unit of local government
that is available to carry out the activities described in
subparagraph (D) cannot be found in a State, the State does
not need to comply with clause (ii).
``(iv) Unexpended funds.--Any grant funds distributed by a
State to a unit of local government that remain unexpended as
of the end of the grant period shall revert to the State for
redistribution to another unit of local government.
``(D) Use of funds.--States and units of local government
shall use grant funds received under this paragraph to
provide health services, educational services, and related
services to noncitizens within their jurisdiction directly,
or through contracts with eligible services providers,
including--
``(i) health care providers;
``(ii) local educational agencies; and
``(iii) charitable and religious organizations.
``(E) State defined.--In this paragraph, the term `State'
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(F) Certification.--In order to receive a payment under
this section, the State shall provide the Secretary of Health
and Human Services with a certification that the State's
proposed uses of the fund are consistent with (D).
``(G) Annual report.--The Secretary of Health and Human
Services shall inform the States annually of the amount of
funds available to each State under the Program.''.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

SEC. 611. SHORT TITLE.

This subtitle may be cited as the ``Agricultural Job
Opportunities, Benefits, and Security Act of 2006'' or the
``AgJOBS Act of 2006''.

SEC. 612. DEFINITIONS.

In this subtitle:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into
the United States for temporary residence under section
613(a).
(3) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
(4) Job opportunity.--The term ``job opportunity'' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
(5) Temporary.--A worker is employed on a ``temporary''
basis where the employment is intended not to exceed 10
months.
(6) United states worker.--The term ``United States
worker'' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.

CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS

SEC. 613. AGRICULTURAL WORKERS.

(a) Blue Card Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer blue card status upon an
alien who qualifies under this subsection if the Secretary
determines that the alien--
(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;
(B) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under subsection (e)(2).
(2) Authorized travel.--An alien in blue card status has
the right to travel abroad (including commutation from a
residence abroad) in the same manner as an alien lawfully
admitted for permanent residence.
(3) Authorized employment.--An alien in blue card status
shall be provided an ``employment authorized'' endorsement or
other appropriate work permit, in the same manner as an alien
lawfully admitted for permanent residence.
(4) Termination of blue card status.--
(A) In general.--The Secretary may terminate blue card
status granted under this subsection only upon a
determination under this subtitle that the alien is
deportable.
(B) Grounds for termination of blue card status.--Before
any alien becomes eligible for adjustment of status under
subsection (c), the Secretary may deny adjustment to
permanent resident status and provide for termination of the
blue card status granted such alien under paragraph (1) if--
(i) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was the
result of fraud or willful misrepresentation (as described in
section 212(a)(6)(C)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--

(I) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided under
subsection (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(III) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500.

(5) Record of employment.--
(A) In general.--Each employer of a worker granted status
under this subsection shall annually--
(i) provide a written record of employment to the alien;
and
(ii) provide a copy of such record to the Secretary.
(B) Sunset.--The obligation under subparagraph (A) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(6) Required features of blue card.--The Secretary shall
provide each alien granted blue card status and the spouse
and children of each such alien residing in the United States
with a card that contains--
(A) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(B) biometric identifiers, including fingerprints and a
digital photograph; and
(C) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(7) Fine.--An alien granted blue card status shall pay a
fine to the Secretary in an amount equal to $100.
(8) Maximum number.--The Secretary may issue not more than
1,500,000 blue cards during the 5-year period beginning on
the date of the enactment of this Act.
(b) Rights of Aliens Granted Blue Card Status.--
(1) In general.--Except as otherwise provided under this
subsection, an alien in blue card status shall be considered
to be an alien lawfully admitted for permanent residence for
purposes of any law other than any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Delayed eligibility for certain federal public
benefits.--An alien in blue card status shall not be
eligible, by reason of such status, for any form of
assistance or benefit described in section 403(a) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date
on which the Secretary confers blue card status upon that
alien.
(3) Terms of employment respecting aliens admitted under
this section.--
(A) Prohibition.--No alien granted blue card status may be
terminated from employment by any employer during the period
of blue card status except for just cause.
(B) Treatment of complaints.--
(i) Establishment of process.--The Secretary shall
establish a process for the receipt, initial review, and
disposition of complaints by aliens granted blue card status
who allege that they have been terminated without just cause.
No proceeding shall be conducted under this subparagraph with
respect to a termination unless the Secretary determines that
the complaint was filed not later than 6 months after the
date of the termination.
(ii) Initiation of arbitration.--If the Secretary finds
that a complaint has been filed in accordance with clause (i)
and there is reasonable cause to believe that the complainant
was terminated without just cause, the Secretary shall
initiate binding arbitration proceedings by requesting the
Federal Mediation and Conciliation Service to appoint a
mutually agreeable arbitrator from the roster of arbitrators
maintained by such Service for the geographical area in which
the employer is located. The procedures and rules of such
Service shall be applicable to the selection of such
arbitrator and to such arbitration proceedings. The Secretary
shall pay the fee and expenses of the arbitrator, subject to
the availability of appropriations for such purpose.
(iii) Arbitration proceedings.--The arbitrator shall
conduct the proceeding in accordance with the policies and
procedures

[[Page S9963]]

promulgated by the American Arbitration Association
applicable to private arbitration of employment disputes. The
arbitrator shall make findings respecting whether the
termination was for just cause. The arbitrator may not find
that the termination was for just cause unless the employer
so demonstrates by a preponderance of the evidence. If the
arbitrator finds that the termination was not for just cause,
the arbitrator shall make a specific finding of the number of
days or hours of work lost by the employee as a result of the
termination. The arbitrator shall have no authority to order
any other remedy, including, but not limited to,
reinstatement, back pay, or front pay to the affected
employee. Within 30 days from the conclusion of the
arbitration proceeding, the arbitrator shall transmit the
findings in the form of a written opinion to the parties to
the arbitration and the Secretary. Such findings shall be
final and conclusive, and no official or court of the United
States shall have the power or jurisdiction to review any
such findings.
(iv) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated an alien granted blue card status without just
cause, the Secretary shall credit the alien for the number of
days or hours of work lost for purposes of the requirement of
subsection (c)(1).
(v) Treatment of attorney's fees.--The parties shall bear
the cost of their own attorney's fees involved in the
litigation of the complaint.
(vi) Nonexclusive remedy.--The complaint process provided
for in this subparagraph is in addition to any other rights
an employee may have in accordance with applicable law.
(vii) Effect on other actions or proceedings.--Any finding
of fact or law, judgment, conclusion, or final order made by
an arbitrator in the proceeding before the Secretary shall
not be conclusive or binding in any separate or subsequent
action or proceeding between the employee and the employee's
current or prior employer brought before an arbitrator,
administrative agency, court, or judge of any State or the
United States, regardless of whether the prior action was
between the same or related parties or involved the same
facts, except that the arbitrator's specific finding of the
number of days or hours of work lost by the employee as a
result of the employment termination may be referred to the
Secretary pursuant to clause (iv).
(C) Civil penalties.--
(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted blue card status has failed to provide the record of
employment required under subsection (a)(5) or has provided a
false statement of material fact in such a record, the
employer shall be subject to a civil money penalty in an
amount not to exceed $1,000 per violation.
(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this section.
(c) Adjustment to Permanent Residence.--
(1) Agricultural workers.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall adjust the status of an alien granted
blue card status to that of an alien lawfully admitted for
permanent residence if the Secretary determines that the
following requirements are satisfied:
(i) Qualifying employment.--The alien has performed at
least--

(I) 5 years of agricultural employment in the United
States, for at least 100 work days or 575 hours, but in no
case less than 575 hours per year, during the 5-year period
beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United
States, for at least 150 work days or 863 hours, but in no
case less than 863 hours per year, during the 5-year period
beginning on the date of the enactment of this Act.

(ii) Proof.--An alien may demonstrate compliance with the
requirement under clause (i) by submitting--

(I) the record of employment described in subsection
(a)(5); or
(II) such documentation as may be submitted under
subsection (d)(3).

(iii) Extraordinary circumstances.--In determining whether
an alien has met the requirement under clause (i)(I), the
Secretary may credit the alien with not more than 12
additional months to meet the requirement under clause (i) if
the alien was unable to work in agricultural employment due
to--

(I) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(II) illness, disease, or other special needs of a minor
child, if the alien can establish such illness, disease, or
special needs through medical records; or
(III) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time.

(iv) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(v) Fine.--The alien pays a fine to the Secretary in an
amount equal to $400.
(B) Grounds for denial of adjustment of status.--The
Secretary may deny an alien adjustment to permanent resident
status, and provide for termination of the blue card status
granted such alien, if--
(i) the Secretary finds by a preponderance of the evidence
that the adjustment to blue card status was the result of
fraud or willful misrepresentation, as described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--

(I) commits an act that makes the alien inadmissible to the
United States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182), except as provided under
subsection (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(III) is convicted of a single misdemeanor for which the
actual sentence served is 6 months or longer.

(C) Grounds for removal.--Any alien granted blue card
status who does not apply for adjustment of status under this
subsection before the expiration of the application period
described in subparagraph (A)(iv), or who fails to meet the
other requirements of subparagraph (A) by the end of the
applicable period, is deportable and may be removed under
section 240 of the Immigration and Nationality Act (8 U.S.C.
1229a).
(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--

(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.
(2) Spouses and minor children.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful
permanent resident on the spouse and minor child of an alien
granted status under paragraph (1), including any individual
who was a minor child on the date such alien was granted blue
card status, if the spouse or minor child applies for such
status, or if the principal alien includes the spouse or
minor child in an application for adjustment of status to
that of a lawful permanent resident.
(B) Treatment of spouses and minor children before
adjustment of status.--
(i) Removal.--The spouse and any minor child of an alien
granted blue card status may not be removed while such alien
maintains such status, except as provided in subparagraph
(C).
(ii) Travel.--The spouse and any minor child of an alien
granted blue card status may travel outside the United States
in the same manner as an alien lawfully admitted for
permanent residence.
(iii) Employment.--The spouse of an alien granted blue card
status may apply to the Secretary for a work permit to
authorize such spouse to engage in any lawful employment in
the United States while such alien maintains blue card
status.
(C) Grounds for denial of adjustment of status and
removal.--The Secretary may deny an alien spouse or child
adjustment of status under subparagraph (A) and may remove
such spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child
inadmissible to the United States under section 212 of such
Act (8 U.S.C. 1182), except as provided under subsection
(e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(iii) is convicted of a single misdemeanor for which the
actual sentence served is 6 months or longer.
(d) Applications.--
(1) To whom may be made.--The Secretary shall provide
that--
(A) applications for blue card status may be filed--
(i) with the Secretary, but only if the applicant is
represented by an attorney or a non-profit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under section
292.2 of title 8, Code of Federal Regulations; or
(ii) with a qualified designated entity (designated under
paragraph (2)), but only if the applicant consents to the
forwarding of the application to the Secretary; and
(B) applications for adjustment of status under subsection
(c) shall be filed directly with the Secretary.

[[Page S9964]]

(2) Designation of entities to receive applications.--
(A) In general.--For purposes of receiving applications
under subsection (a), the Secretary--
(i) shall designate qualified farm labor organizations and
associations of employers; and
(ii) may designate such other persons as the Secretary
determines are qualified and have substantial experience,
demonstrate competence, and have traditional long-term
involvement in the preparation and submission of applications
for adjustment of status under section 209, 210, or 245 of
the Immigration and Nationality Act, Public Law 89-732,
Public Law 95-145, or the Immigration Reform and Control Act
of 1986.
(B) References.--Organizations, associations, and persons
designated under subparagraph (A) are referred to in this
subtitle as ``qualified designated entities''.
(3) Proof of eligibility.--
(A) In general.--An alien may establish that the alien
meets the requirement of subsection (a)(1)(A) or (c)(1)(A)
through government employment records or records supplied by
employers or collective bargaining organizations, and other
reliable documentation as the alien may provide. The
Secretary shall establish special procedures to properly
credit work in cases in which an alien was employed under an
assumed name.
(B) Documentation of work history.--
(i) Burden of proof.--An alien applying for status under
subsection (a)(1) or (c)(1) has the burden of proving by a
preponderance of the evidence that the alien has worked the
requisite number of hours or days (as required under
subsection (a)(1)(A) or (c)(1)(A)).
(ii) Timely production of records.--If an employer or farm
labor contractor employing such an alien has kept proper and
adequate records respecting such employment, the alien's
burden of proof under clause (i) may be met by securing
timely production of those records under regulations to be
promulgated by the Secretary.
(iii) Sufficient evidence.--An alien can meet the burden of
proof under clause (i) to establish that the alien has
performed the work described in subsection (a)(1)(A) or
(c)(1)(A) by producing sufficient evidence to show the extent
of that employment as a matter of just and reasonable
inference.
(4) Treatment of applications by qualified designated
entities.--Each qualified designated entity shall agree to
forward to the Secretary applications filed with it in
accordance with paragraph (1)(A)(i)(II) but shall not forward
to the Secretary applications filed with it unless the
applicant has consented to such forwarding. No such entity
may make a determination required by this section to be made
by the Secretary. Upon the request of the alien, a qualified
designated entity shall assist the alien in obtaining
documentation of the work history of the alien.
(5) Limitation on access to information.--Files and records
prepared for purposes of this subsection by qualified
designated entities operating under this subsection are
confidential and the Secretary shall not have access to such
files or records relating to an alien without the consent of
the alien, except as allowed by a court order issued pursuant
to paragraph (6).
(6) Confidentiality of information.--
(A) In general.--Except as otherwise provided in this
subsection, neither the Secretary, nor any other official or
employee of the Department, or a bureau or agency of the
Department, may--
(i) use the information furnished by the applicant pursuant
to an application filed under this section, the information
provided to the applicant by a person designated under
paragraph (2)(A), or any information provided by an employer
or former employer, for any purpose other than to make a
determination on the application, or for enforcement of
paragraph (7);
(ii) make any publication whereby the information furnished
by any particular individual can be identified; or
(iii) permit anyone other than the sworn officers and
employees of the Department, or a bureau or agency of the
Department, or, with respect to applications filed with a
qualified designated entity, that qualified designated
entity, to examine individual applications.
(B) Required disclosures.--The Secretary shall provide the
information furnished under this section, or any other
information derived from such furnished information, to--
(i) a duly recognized law enforcement entity in connection
with a criminal investigation or prosecution, if such
information is requested in writing by such entity; or
(ii) an official coroner, for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(C) Construction.--
(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Department
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(ii) Criminal convictions.--Information concerning whether
the applicant has at any time been convicted of a crime may
be used or released for immigration enforcement or law
enforcement purposes.
(D) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
paragraph shall be subject to a fine in an amount not to
exceed $10,000.
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Any person who--
(i) files an application for status under subsection (a) or
(c) and knowingly and willfully falsifies, conceals, or
covers up a material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or uses
any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry; or
(ii) creates or supplies a false writing or document for
use in making such an application,

shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
(B) Inadmissibility.--An alien who is convicted of a crime
under subparagraph (A) shall be considered to be inadmissible
to the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(8) Eligibility for legal services.--Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for adjustment of status under this section.
(9) Application fees.--
(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(i) shall be charged for the filing of applications for
status under subsections (a) and (c); and
(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such
applicants.
(B) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under subparagraph (A)(ii) for services provided to
applicants.
(C) Disposition of fees.--
(i) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the ``Agricultural Worker Immigration Status Adjustment
Account''. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under subparagraph (A)(i).
(ii) Use of fees for application processing.--Amounts
deposited in the ``Agricultural Worker Immigration Status
Adjustment Account'' shall remain available to the Secretary
until expended for processing applications for status under
subsections (a) and (c).
(e) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(1) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to
the adjustment of aliens to lawful permanent resident status
under this section.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
subsection (a)(1)(C) or an alien's eligibility for adjustment
of status under subsection (c)(1)(B)(ii)(I), the following
rules shall apply:
(A) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(B) Waiver of other grounds.--
(i) In general.--Except as provided in clause (ii), the
Secretary may waive any other provision of such section
212(a) in the case of individual aliens for humanitarian
purposes, to ensure family unity, or if otherwise in the
public interest.
(ii) Grounds that may not be waived.--Paragraphs (2)(A),
(2)(B), (2)(C), (3), and (4) of such section 212(a) may not
be waived by the Secretary under clause (i).
(iii) Construction.--Nothing in this subparagraph shall be
construed as affecting the authority of the Secretary other
than under this subparagraph to waive provisions of such
section 212(a).
(C) Special rule for determination of public charge.--An
alien is not ineligible for status under this section by
reason of a ground of inadmissibility under section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
if the alien demonstrates a history of employment in the
United States evidencing self-support without reliance on
public cash assistance.
(f) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in
the case of an alien who is apprehended before the beginning
of the application period described in subsection (a)(1)(B)
and who can establish a nonfrivolous case of eligibility for
blue card status (but for the fact that the alien may not
apply for such status until the beginning of such period),
until the alien has had the opportunity during the first 30
days of the application period to complete the filing of an
application for blue card status, the alien--
(A) may not be removed; and

[[Page S9965]]

(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit for
such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application
period described in subsection (a)(1)(B), including an alien
who files such an application within 30 days of the alien's
apprehension, and until a final determination on the
application has been made in accordance with this section,
the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit for
such purpose.
(g) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for status under subsection (a) or (c) except in accordance
with this subsection.
(2) Administrative review.--
(A) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide
for a single level of administrative appellate review of such
a determination.
(B) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the
application and upon such additional or newly discovered
evidence as may not have been available at the time of the
determination.
(3) Judicial review.--
(A) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(B) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations
contained in such record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record considered as a whole.
(h) Dissemination of Information on Adjustment Program.--
Beginning not later than the first day of the application
period described in subsection (a)(1)(B), the Secretary, in
cooperation with qualified designated entities, shall broadly
disseminate information respecting the benefits that aliens
may receive under this section and the requirements to be
satisfied to obtain such benefits.
(i) Regulations.--The Secretary shall issue regulations to
implement this section not later than the first day of the
seventh month that begins after the date of enactment of this
Act.
(j) Effective Date.--This section shall take effect on the
date that regulations are issued implementing this section on
an interim or other basis.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$40,000,000 for each of fiscal years 2007 through 2010.

SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(d)(1) of the Social Security
Act (42 U.S.C. 408(d)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2006,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

CHAPTER 2--REFORM OF H-2A WORKER PROGRAM

SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended--
(1) by striking section 218 and inserting the following:

``SEC. 218. H-2A EMPLOYER APPLICATIONS.

``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an
H-2A worker, unless the employer has filed with the Secretary
of Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of the work
to be performed;
``(C) the anticipated period (expected beginning and ending
dates) for which the workers will be needed; and
``(D) the number of job opportunities in which the employer
seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The
assurances referred to in subsection (a)(1) are the
following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is
covered under a collective bargaining agreement:
``(A) Union contract described.--The job opportunity is
covered by a union contract which was negotiated at arm's
length between a bona fide union and the employer.
``(B) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(C) Notification of bargaining representatives.--The
employer, at the time of filing the application, has provided
notice of the filing under this paragraph to the bargaining
representative of the employer's employees in the
occupational classification at the place or places of
employment for which aliens are sought.
``(D) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The employer has
offered or will offer the job to any eligible United States
worker who applies and is equally or better qualified for the
job for which the nonimmigrant is, or the nonimmigrants are,
sought and who will be available at the time and place of
need.
``(F) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity
that is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(B) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by section 218E to all workers employed
in the job opportunities for which the employer has applied
under subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and for a period of 30 days preceding the period
of employment in the occupation at the place of employment
for which the employer seeks approval to employ H-2A workers.
``(E) Requirements for placement of nonimmigrant with other
employers.--The employer will not place the nonimmigrant with
another employer unless--
``(i) the nonimmigrant performs duties in whole or in part
at 1 or more work sites owned, operated, or controlled by
such other employer;
``(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer; and
``(iii) the employer has inquired of the other employer as
to whether, and has no actual knowledge or notice that,
during the period of employment and for a period of 30 days
preceding the period of employment, the other employer has
displaced or intends to displace a United States worker
employed by the other employer in the occupation at the place
of employment for which the employer seeks approval to employ
H-2A workers.
``(F) Statement of liability.--The application form shall
include a clear statement explaining the liability under
subparagraph (E) of an employer if the other employer
described in such subparagraph displaces a United States
worker as described in such subparagraph.
``(G) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and in the course
of the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--

[[Page S9966]]

``(i) Recruitment.--The employer has taken or will take the
following steps to recruit United States workers for the job
opportunities for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:

``(I) Contacting former workers.--The employer shall make
reasonable efforts through the sending of a letter by United
States Postal Service mail, or otherwise, to contact any
United States worker the employer employed during the
previous season in the occupation at the place of intended
employment for which the employer is applying for workers and
has made the availability of the employer's job opportunities
in the occupation at the place of intended employment known
to such previous workers, unless the worker was terminated
from employment by the employer for a lawful job-related
reason or abandoned the job before the worker completed the
period of employment of the job opportunity for which the
worker was hired.
``(II) Filing a job offer with the local office of the
state employment security agency.--Not later than 28 days
before the date on which the employer desires to employ an H-
2A worker in a temporary or seasonal agricultural job
opportunity, the employer shall submit a copy of the job
offer described in subsection (a)(2) to the local office of
the State employment security agency which serves the area of
intended employment and authorize the posting of the job
opportunity on `America's Job Bank' or other electronic job
registry, except that nothing in this subclause shall require
the employer to file an interstate job order under section
653 of title 20, Code of Federal Regulations.
``(III) Advertising of job opportunities.--Not later than
14 days before the date on which the employer desires to
employ an H-2A worker in a temporary or seasonal agricultural
job opportunity, the employer shall advertise the
availability of the job opportunities for which the employer
is seeking workers in a publication in the local labor market
that is likely to be patronized by potential farm workers.
``(IV) Emergency procedures.--The Secretary of Labor shall,
by regulation, provide a procedure for acceptance and
approval of applications in which the employer has not
complied with the provisions of this subparagraph because the
employer's need for H-2A workers could not reasonably have
been foreseen.

``(ii) Job offers.--The employer has offered or will offer
the job to any eligible United States worker who applies and
is equally or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought and who will be
available at the time and place of need.
``(iii) Period of employment.--The employer will provide
employment to any qualified United States worker who applies
to the employer during the period beginning on the date on
which the foreign worker departs for the employer's place of
employment and ending on the date on which 50 percent of the
period of employment for which the foreign worker who is in
the job was hired has elapsed, subject to the following
requirements:

``(I) Prohibition.--No person or entity shall willfully and
knowingly withhold United States workers before the arrival
of H-2A workers in order to force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of a complaint by an
employer that a violation of subclause (I) has occurred, the
Secretary of Labor shall immediately investigate. The
Secretary of Labor shall, within 36 hours of the receipt of
the complaint, issue findings concerning the alleged
violation. If the Secretary of Labor finds that a violation
has occurred, the Secretary of Labor shall immediately
suspend the application of this clause with respect to that
certification for that date of need.
``(III) Placement of united states workers.--Before
referring a United States worker to an employer during the
period described in the matter preceding subclause (I), the
Secretary of Labor shall make all reasonable efforts to place
the United States worker in an open job acceptable to the
worker, if there are other job offers pending with the job
service that offer similar job opportunities in the area of
intended employment.

``(iv) Statutory construction.--Nothing in this
subparagraph shall be construed to prohibit an employer from
using such legitimate selection criteria relevant to the type
of job that are normal or customary to the type of job
involved so long as such criteria are not applied in a
discriminatory manner.
``(c) Applications by Associations on Behalf of Employer
Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of
its employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218E through 218G.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities
of any of its producer members named on the application, and
such workers may be transferred among such producer members
to perform the agricultural services of a temporary or
seasonal nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw
an application filed pursuant to subsection (a) with respect
to 1 or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor
in writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer
who withdraws an application under subsection (a), or on
whose behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as
a result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under
subsection (a) is unaffected by withdrawal of such
application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is
filed, at the employer's principal place of business or work
site, a copy of each such application (and such accompanying
documents as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor shall
compile, on a current basis, a list (by employer and by
occupational classification) of the applications filed under
this subsection. Such list shall include the wage rate,
number of workers sought, period of intended employment, and
date of need. The Secretary of Labor shall make such list
available for examination in the District of Columbia.
``(B) Review of applications.--The Secretary of Labor shall
review such an application only for completeness and obvious
inaccuracies. Unless the Secretary of Labor finds that the
application is incomplete or obviously inaccurate, the
Secretary of Labor shall certify that the intending employer
has filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall be
provided within 7 days of the filing of the application.'';
and
(2) by inserting after section 218D, as added by section
601 of this Act, the following:

``SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.

``(a) Preferential Treatment of Aliens Prohibited.--
Employers seeking to hire United States workers shall offer
the United States workers no less than the same benefits,
wages, and working conditions that the employer is offering,
intends to offer, or will provide to H-2A workers.
Conversely, no job offer may impose on United States workers
any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--
Except in cases where higher benefits, wages, or working
conditions are required by the provisions of subsection (a),
in order to protect similarly employed United States workers
from adverse effects with respect to benefits, wages, and
working conditions, every job offer which shall accompany an
application under section 218(b)(2) shall include each of the
following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under section
218(a) for H-2A workers shall offer to provide housing at no
cost to all workers in job opportunities for which the
employer has applied under that section and to all other
workers in the same occupation at the place of employment,
whose place of residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable local or
State standards, Federal temporary labor camp standards shall
apply.
``(C) Family housing.--When it is the prevailing practice
in the occupation and area of intended employment to provide
family housing, family housing shall be provided to workers
with families who request it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing

[[Page S9967]]

under the temporary labor certification regulations in effect
on June 1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If public housing
provided for migrant agricultural workers under the auspices
of a local, county, or State government is secured by an
employer, and use of the public housing unit normally
requires charges from migrant workers, such charges shall be
paid by the employer directly to the appropriate individual
or entity affiliated with the housing's management.
``(ii) Deposit charges.--Charges in the form of deposits
for bedding or other similar incidentals related to housing
shall not be levied upon workers by employers who provide
housing for their workers. An employer may require a worker
found to have been responsible for damage to such housing
which is not the result of normal wear and tear related to
habitation to reimburse the employer for the reasonable cost
of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement under clause (ii) is
satisfied, the employer may provide a reasonable housing
allowance instead of offering housing under subparagraph (A).
Upon the request of a worker seeking assistance in locating
housing, the employer shall make a good faith effort to
assist the worker in identifying and locating housing in the
area of intended employment. An employer who offers a housing
allowance to a worker, or assists a worker in locating
housing which the worker occupies, pursuant to this clause
shall not be deemed a housing provider under section 203 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1823) solely by virtue of providing such housing
allowance. No housing allowance may be used for housing which
is owned or controlled by the employer.
``(ii) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers,
and H-2A workers, who are seeking temporary housing while
employed at farm work. Such certification shall expire after
3 years unless renewed by the Governor of the State.
``(iii) Amount of allowance.--

``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.

``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who completes 50
percent of the period of employment of the job opportunity
for which the worker was hired shall be reimbursed by the
employer for the cost of the worker's transportation and
subsistence from the place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place of employment
to the place from which the worker, disregarding intervening
employment, came to work for the employer, or to the place of
next employment, if the worker has contracted with a
subsequent employer who has not agreed to provide or pay for
the worker's transportation and subsistence to such
subsequent employer's place of employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--

``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.

``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less, or the worker is not residing
in employer-provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (4)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and work
site.--The employer shall provide transportation between the
worker's living quarters and the employer's work site without
cost to the worker, and such transportation will be in
accordance with applicable laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied for
workers, not less (and is not required to pay more) than the
greater of the prevailing wage in the occupation in the area
of intended employment or the adverse effect wage rate. No
worker shall be paid less than the greater of the hourly wage
prescribed under section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the enactment
of the Agricultural Job Opportunities, Benefits, and Security
Act of 2006 and continuing for 3 years thereafter, no adverse
effect wage rate for a State may be more than the adverse
effect wage rate for that State in effect on January 1, 2003,
as established by section 655.107 of title 20, Code of
Federal Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--If Congress does not set a new
wage standard applicable to this section before the first
March 1 that is not less than 3 years after the date of
enactment of this section, the adverse effect wage rate for
each State beginning on such March 1 shall be the wage rate
that would have resulted if the adverse effect wage rate in
effect on January 1, 2003, had been annually adjusted,
beginning on March 1, 2006, by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(ii) Subsequent annual adjustments.--Beginning on the
first March 1 that is not less than 4 years after the date of
enactment of this section, and each March 1 thereafter, the
adverse effect wage rate then in effect for each State shall
be adjusted by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(D) Deductions.--The employer shall make only those
deductions from the worker's wages that are authorized by law
or are reasonable and customary in the occupation and area of
employment. The job offer shall specify all deductions not
required by law which the employer will make from the
worker's wages.
``(E) Frequency of pay.--The employer shall pay the worker
not less frequently than twice monthly, or in accordance with
the prevailing practice in the area of employment, whichever
is more frequent.
``(F) Hours and earnings statements.--The employer shall
furnish to the worker, on or before each payday, in 1 or more
written statements--
``(i) the worker's total earnings for the pay period;
``(ii) the worker's hourly rate of pay, piece rate of pay,
or both;
``(iii) the hours of employment which have been offered to
the worker (broken out by hours offered in accordance with
and over and above the three-quarters guarantee described in
paragraph (4);
``(iv) the hours actually worked by the worker;
``(v) an itemization of the deductions made from the
worker's wages; and
``(vi) if piece rates of pay are used, the units produced
daily.
``(G) Report on wage protections.--Not later than December
31, 2008, the Comptroller General of the United States shall
prepare and transmit to the Secretary of Labor, the Committee
on the Judiciary of the Senate, and Committee on the
Judiciary of the House of Representatives, a report that
addresses--
``(i) whether the employment of H-2A or unauthorized aliens
in the United States agricultural work force has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(ii) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(iii) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating

[[Page S9968]]

the adverse effect wage rate and the prevailing wage; and
``(v) recommendations for future wage protection under this
section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established the Commission
on Agricultural Wage Standards under the H-2A program (in
this subparagraph referred to as the `Commission').
``(ii) Composition.--The Commission shall consist of 10
members as follows:

``(I) 4 representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.
``(II) 4 representatives of agricultural workers and 1
representative of the Department of Labor, each appointed by
the Secretary of Labor.

``(iii) Functions.--The Commission shall conduct a study
that shall address--

``(I) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(II) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(III) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(IV) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(V) recommendations for future wage protection under this
section.

``(iv) Final report.--Not later than December 31, 2008, the
Commission shall submit a report to the Congress setting
forth the findings of the study conducted under clause (iii).
``(v) Termination date.--The Commission shall terminate
upon submitting its final report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least three-fourths of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
paragraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment, termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the `three-fourths guarantee' described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster, including but not limited to a flood, hurricane,
freeze, earthquake, fire, drought, plant or animal disease or
pest infestation, or regulatory drought, before the guarantee
in subparagraph (A) is fulfilled, the employer may terminate
the worker's employment. In the event of such termination,
the employer shall fulfill the employment guarantee in
subparagraph (A) for the work days that have elapsed from the
first work day after the arrival of the worker to the
termination of employment. In such cases, the employer will
make efforts to transfer the United States worker to other
comparable employment acceptable to the worker. If such
transfer is not effected, the employer shall provide the
return transportation required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in clauses (iii) and
(iv), this subsection applies to any H-2A employer that uses
or causes to be used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph, the term `uses or
causes to be used'--

``(I) applies only to transportation provided by an H-2A
employer to an H-2A worker, or by a farm labor contractor to
an H-2A worker at the request or direction of an H-2A
employer; and
``(II) does not apply to--

``(aa) transportation provided, or transportation
arrangements made, by an H-2A worker, unless the employer
specifically requested or arranged such transportation; or
``(bb) car pooling arrangements made by H-2A workers
themselves, using 1 of the workers' own vehicles, unless
specifically requested by the employer directly or through a
farm labor contractor.
``(iii) Clarification.--Providing a job offer to an H-2A
worker that causes the worker to travel to or from the place
of employment, or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-2A employer,
shall not constitute an arrangement of, or participation in,
such transportation.
``(iv) Agricultural machinery and equipment excluded.--This
subsection does not apply to the transportation of an H-2A
worker on a tractor, combine, harvester, picker, or other
similar machinery or equipment while such worker is actually
engaged in the planting, cultivating, or harvesting of
agricultural commodities or the care of livestock or poultry
or engaged in transportation incidental thereto.
``(v) Common carriers excluded.--This subsection does not
apply to common carrier motor vehicle transportation in which
the provider holds itself out to the general public as
engaging in the transportation of passengers for hire and
holds a valid certification of authorization for such
purposes from an appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and insurance
requirements.--
``(i) In general.--When using, or causing to be used, any
vehicle for the purpose of providing transportation to which
this subparagraph applies, each employer shall--

``(I) ensure that each such vehicle conforms to the
standards prescribed by the Secretary of Labor under section
401(b) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle;
and
``(III) have an insurance policy or a liability bond that
is in effect which insures the employer against liability for
damage to persons or property arising from the ownership,
operation, or causing to be operated, of any vehicle used to
transport any H-2A worker.

``(ii) Amount of insurance required.--The level of
insurance required shall be determined by the Secretary of
Labor pursuant to regulations to be issued under this
subsection.
``(iii) Effect of workers' compensation coverage.--If the
employer of any H-2A worker provides workers' compensation
coverage for such worker in the case of bodily injury or
death as provided by State law, the following adjustments in
the requirements of subparagraph (B)(i)(III) relating to
having an insurance policy or liability bond apply:

``(I) No insurance policy or liability bond shall be
required of the employer, if such workers are transported
only under circumstances for which there is coverage under
such State law.
``(II) An insurance policy or liability bond shall be
required of the employer for circumstances under which
coverage for the transportation of such workers is not
provided under such State law.

``(c) Compliance With Labor Laws.--An employer shall assure
that, except as otherwise provided in this section, the
employer will comply with all applicable Federal, State, and
local labor laws, including laws affecting migrant and
seasonal agricultural workers, with respect to all United
States workers and alien workers employed by the employer,
except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the
worker, not later than the day the work commences, a copy of
the employer's application and job offer described in section
218(a), or, if the employer will require the worker to enter
into a separate employment contract covering the employment
in question, such separate employment contract.
``(e) Range Production of Livestock.--Nothing in this
section, section 218, or section 218F shall preclude the
Secretary of Labor and the Secretary from continuing to apply
special procedures and requirements to the admission and
employment of aliens in occupations involving the range
production of livestock.

``SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF
H-2A WORKERS.

``(a) Petitioning for Admission.--An employer, or an
association acting as an agent or joint employer for its
members, that seeks the admission into the United States of
an H-2A worker may file a petition with the Secretary. The
petition shall be accompanied by an accepted and currently
valid certification provided by the Secretary of Labor under
section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The
Secretary shall establish a procedure for expedited
adjudication of petitions filed under subsection (a) and
within 7

[[Page S9969]]

working days shall, by fax, cable, or other means assuring
expedited delivery, transmit a copy of notice of action on
the petition to the petitioner and, in the case of approved
petitions, to the appropriate immigration officer at the port
of entry or United States consulate (as the case may be)
where the petitioner has indicated that the alien beneficiary
(or beneficiaries) will apply for a visa or admission to the
United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218E,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(B) otherwise violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously been
admitted into the United States pursuant to this section, and
who is otherwise eligible for admission in accordance with
paragraphs (1) and (2), shall not be deemed inadmissible by
virtue of section 212(a)(9)(B). If an alien described in the
preceding sentence is present in the United States, the alien
may apply from abroad for H-2A status, but may not be granted
that status in the United States.
``(B) Maintenance of waiver.--An alien provided an initial
waiver of ineligibility pursuant to subparagraph (A) shall
remain eligible for such waiver unless the alien violates the
terms of this section or again becomes ineligible under
section 212(a)(9)(B) by virtue of unlawful presence in the
United States after the date of the initial waiver of
ineligibility pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the work site and a period of 14 days
following the period of employment for the purpose of
departure or extension based on a subsequent offer of
employment, except that--
``(A) the alien is not authorized to be employed during
such 14-day period except in the employment for which the
alien was previously authorized; and
``(B) the total period of employment, including such 14-day
period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the
alien under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the
employment which was the basis for such admission or status
shall be considered to have failed to maintain nonimmigrant
status as an H-2A worker and shall depart the United States
or be subject to removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely
abandons employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of
State shall promptly issue a visa to, and the Secretary shall
admit into the United States, an eligible alien designated by
the employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates employment; or
``(B) whose employment is terminated after a United States
worker is employed pursuant to section 218(b)(2)(H)(iii), if
the United States worker voluntarily departs before the end
of the period of intended employment or if the employment
termination is for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify
such person's proper identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall be in a form that is resistant to
counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(h) Extension of Stay of H-2A Aliens in the United
States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the date of
the alien's last admission to the United States under this
section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present in the
United States may commence the employment described in a
petition under paragraph (1) on the date on which the
petition is filed.
``(B) Definition.--For purposes of subparagraph (A), the
term `file' means sending the petition by certified mail via
the United States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of the
date of receipt of the petition.
``(C) Handling of petition.--The employer shall provide a
copy of the employer's petition to the alien, who shall keep
the petition with the alien's identification and employment
eligibility document as evidence that the petition has been
filed and that the alien is authorized to work in the United
States.
``(D) Approval of petition.--Upon approval of a petition
for an extension of stay or change in the alien's authorized
employment, the Secretary shall provide a new or updated
employment eligibility document to the alien indicating the
new validity date, after which the alien is not required to
retain a copy of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment
eligibility document, together with a copy of a petition for
extension of stay or change in the alien's authorized
employment that complies with the requirements of paragraph
(1), shall constitute a valid work authorization document for
a period of not more than 60 days beginning on the date on
which such petition is filed, after which time only a
currently valid identification and employment eligibility
document shall be acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous period of
authorized status as an H-2A worker (including any
extensions) is 3 years.
``(B) Requirement to remain outside the united states.--
``(i) In general.--Subject to clause (ii), in the case of
an alien outside the United States whose period of authorized
status as an H-2A worker (including any extensions) has
expired, the alien may not again apply for admission to the
United States as an H-2A worker unless the alien has remained
outside the United States for a continuous period equal to at
least \1/5\ the duration of the alien's previous period of
authorized status as an H-2A worker (including any
extensions).
``(ii) Exception.--Clause (i) shall not apply in the case
of an alien if the alien's period of authorized status as an
H-2A worker (including any extensions) was for a period of
not more than 10 months and such alien has been outside the
United States for at least 2 months during the 12 months
preceding the date the alien again is applying for admission
to the United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders,
Goat Herders, or Dairy Workers.--Notwithstanding any
provision of the Agricultural Job Opportunities, Benefits,
and Security Act of 2006, an alien admitted under section
101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat
herder, or dairy worker--
``(1) may be admitted for an initial period of 12 months;

[[Page S9970]]

``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years;
and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for
Aliens Employed as Sheepherders, Goat Herders, or Dairy
Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a sheepherder,
goat herder, or dairy worker;
``(B) who has maintained such nonimmigrant status in the
United States for a cumulative total of 36 months (excluding
any period of absence from the United States); and
``(C) who is seeking to receive an immigrant visa under
section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification
under section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of an eligible alien;
or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)((3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment
of status based on the approval of such a petition, shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary of Homeland
Security shall extend the stay of an eligible alien having a
pending or approved classification petition described in
paragraph (2) in 1-year increments until a final
determination is made on the alien's eligibility for
adjustment of status to that of an alien lawfully admitted
for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other provision
of law.

``SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS
ENFORCEMENT.

``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--The
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in section
218(b), or an employer's misrepresentation of material facts
in an application under section 218(a). Complaints may be
filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this subparagraph if there is
reasonable cause to believe that such a failure or
misrepresentation has occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, within 30 days after the
date such a complaint is filed, for a determination as to
whether or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (H). If the
Secretary of Labor determines that such a reasonable basis
exists, the Secretary of Labor shall provide for notice of
such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance
with section 556 of title 5, United States Code, within 60
days after the date of the determination. If such a hearing
is requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the date
of the hearing. In the case of similar complaints respecting
the same applicant, the Secretary of Labor may consolidate
the hearings under this subparagraph on such complaints.
``(C) Failures to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(A), (1)(B),
(1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b),
a substantial failure to meet a condition of paragraph
(1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of aliens described in section
101(a)(15)(H)(ii)(a) for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition of section
218(b), a willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief to effectuate the purposes of subsection
(d)(1); and
``(iii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition of section
218(b) or a willful misrepresentation of a material fact in
an application under section 218(a), in the course of which
failure or misrepresentation the employer displaced a United
States worker employed by the employer during the period of
employment on the employer's application under section 218(a)
or during the period of 30 days preceding such period of
employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 3 years.
``(F) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to an application under section 218(a) in excess of
$90,000.
``(G) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment, required under
section 218E(b), the Secretary of Labor shall assess payment
of back wages, or other required benefits, due any United
States worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or other
required benefits under section 218E(b) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218E.
``(b) Rights Enforceable by Private Right of Action.--H-2A
workers may enforce the following rights through the private
right of action provided in subsection (c), and no other
right of action shall exist under Federal or State law to
enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218E(b)(1).
``(2) The reimbursement of transportation as required under
section 218E(b)(2).
``(3) The payment of wages required under section
218E(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in
section 218E(c), compliance with which shall be governed by
the provisions of such laws.
``(5) The guarantee of employment required under section
218E(b)(4).
``(6) The motor vehicle safety requirements under section
218E(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service
to assist the parties in reaching a satisfactory resolution
of all issues involving all parties to the dispute. Upon a
filing of such request and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (B).
``(A) Mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under subsection (b) between H-2A
workers and agricultural employers without charge to the
parties.
``(B) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other non-binding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives the request for assistance
unless the parties agree to an extension of this period of
time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii), there are
authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry
out this section.
``(ii) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service

[[Page S9971]]

is authorized to conduct the mediation or other dispute
resolution activities from any other appropriated funds
available to the Director and to reimburse such appropriated
funds when the funds are appropriated pursuant to this
authorization, such reimbursement to be credited to
appropriations currently available at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court
of the United States having jurisdiction of the parties,
without regard to the amount in controversy, without regard
to the citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the
Secretary of Labor under subsection (a)(1) is withdrawn
before the filing of such action, in which case the rights
and remedies available under this subsection shall be
exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement,
except that no court or administrative action shall be
available under any State contract law to enforce the rights
created by this Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act
shall be void as contrary to public policy, except that a
waiver or modification of the rights or obligations in favor
of the Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes
or litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable under
subsection (b), it shall award actual damages, if any, or
equitable relief.
``(B) Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28,
United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this section,
where a State's workers' compensation law is applicable and
coverage is provided for an H-2A worker, the workers'
compensation benefits shall be the exclusive remedy for the
loss of such worker under this section in the case of bodily
injury or death in accordance with such State's workers'
compensation law.
``(B) The exclusive remedy prescribed in subparagraph (A)
precludes the recovery under paragraph (6) of actual damages
for loss from an injury or death but does not preclude other
equitable relief, except that such relief shall not include
back or front pay or in any manner, directly or indirectly,
expand or otherwise alter or affect--
``(i) a recovery under a State workers' compensation law;
or
``(ii) rights conferred under a State workers' compensation
law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for
such injury or death under subsection (c) shall be tolled for
the period during which the claim for such injury or death
under such State workers' compensation law was pending. The
statute of limitations for an action for actual damages or
other equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury
or death was pending under the State workers' compensation
law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this
section or any finding by the Secretary of Labor under
subsection (a)(1)(B) shall preclude any right of action
arising out of the same facts between the parties under any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection,
includes a former employee and an applicant for employment)
because the employee has disclosed information to the
employer, or to any other person, that the employee
reasonably believes evidences a violation of section 218 or
218E or any rule or regulation pertaining to section 218 or
218E, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning
the employer's compliance with the requirements of section
218 or 218E or any rule or regulation pertaining to either of
such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker
has, with just cause, filed a complaint with the Secretary of
Labor regarding a denial of the rights enumerated and
enforceable under subsection (b) or instituted, or caused to
be instituted, a private right of action under subsection (c)
regarding the denial of the rights enumerated under
subsection (b), or has testified or is about to testify in
any court proceeding brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--
The Secretary of Labor and the Secretary shall establish a
process under which an H-2A worker who files a complaint
regarding a violation of subsection (d) and is otherwise
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the United
States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such
application, and for complying with the terms and conditions
of sections 218 and 218E, as though the employer had filed
the application itself. If such an employer is determined,
under this section, to have committed a violation, the
penalty for such violation shall apply only to that member of
the association unless the Secretary of Labor determines that
the association or other member participated in, had
knowledge, or reason to know, of the violation, in which case
the penalty shall be invoked against the association or other
association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under
this section, the penalty for such violation shall apply only
to the association unless the Secretary of Labor determines
that an association member or members participated in or had
knowledge, or reason to know of the violation, in which case
the penalty shall be invoked against the association member
or members as well.

``SEC. 218H. DEFINITIONS.

``For purposes of this section, section 218, and sections
218E through 218G:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(6) H-2a employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2a worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
``(9) Lays off.--
``(A) In general.--The term `lays off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, contract impossibility (as described in
section 218E(b)(4)(D)), or temporary layoffs due to weather,
markets, or other temporary conditions; but

[[Page S9972]]

``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under section 218(b)(2)(E), with either employer described in
such section) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Statutory construction.--Nothing in this paragraph is
intended to limit an employee's rights under a collective
bargaining agreement or other employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of the
year; and
``(B) from its nature, it may not be continuous or carried
on throughout the year.
``(12) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10
months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended--
(1) by striking the item relating to section 218 and
inserting the following:

``Sec. 218. H-2A employer applications''
and
(2) by inserting after the item relating to section 218D,
as added by section 601 of this Act, the following:

``Sec. 218E. H-2A employment requirements
``Sec. 218F. Procedure for admission and extension of stay of H-2A
workers
``Sec. 218G. Worker protections and labor standards enforcement
``Sec. 218H. Definitions''.

CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 616. DETERMINATION AND USE OF USER FEES.

(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of
aliens under this subtitle and the amendments made by this
subtitle, and a collection process for such fees from
employers participating in the program provided under this
subtitle. Such fees shall be the only fees chargeable to
employers for services provided under this subtitle.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as added by section 615
of this Act, and sufficient to provide for the direct costs
of providing services related to an employer's authorization
to employ eligible aliens pursuant to this subtitle, to
include the certification of eligible employers, the issuance
of documentation, and the admission of eligible aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such a
schedule, the Secretary shall comply with Federal cost
accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall publish
in the Federal Register an initial fee schedule and
associated collection process and the cost data or estimates
upon which such fee schedule is based, and any subsequent
amendments thereto, pursuant to which public comment shall be
sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, all proceeds resulting from the payment of the alien
employment user fees shall be available without further
appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of
State, and the Secretary of Labor for the costs of carrying
out sections 218 and 218F of the Immigration and Nationality
Act, as added by section 615 of this Act, and the provisions
of this subtitle.

SEC. 617. REGULATIONS.

(a) Regulations of the Secretary.--The Secretary shall
consult with the Secretary of Labor and the Secretary of
Agriculture on all regulations to implement the duties of the
Secretary under this subtitle and the amendments made by this
subtitle.
(b) Regulations of the Secretary of State.--The Secretary
of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to
implement the duties of the Secretary of State under this
subtitle and the amendments made by this subtitle.
(c) Regulations of the Secretary of Labor.--The Secretary
of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of
the Secretary of Labor under this subtitle and the amendments
made by this subtitle.
(d) Deadline for Issuance of Regulations.--All regulations
to implement the duties of the Secretary, the Secretary of
State, and the Secretary of Labor created under sections 218,
218E, 218F, and 218G of the Immigration and Nationality Act,
as added by section 615 of this Act, shall take effect on the
effective date of section 615 and shall be issued not later
than 1 year after the date of enactment of this Act.

SEC. 618. REPORT TO CONGRESS.

Not later than September 30 of each year, the Secretary
shall submit a report to Congress that identifies, for the
previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218F(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218F(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 613(a);
(5) the number of such aliens whose status was adjusted
under section 613(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 613(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 613(c).

SEC. 619. EFFECTIVE DATE.

(a) In General.--Except as otherwise provided, sections 615
and 616 shall take effect 1 year after the date of the
enactment of this Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to the appropriate committees of Congress a report that
describes the measures being taken and the progress made in
implementing this subtitle.

Subtitle C--DREAM Act

SEC. 621. SHORT TITLE.

This subtitle may be cited as the ``Development, Relief,
and Education for Alien Minors Act of 2006'' or the ``DREAM
Act of 2006''.

SEC. 622. DEFINITIONS.

In this subtitle:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.

SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this subtitle, the
Secretary may cancel removal of, and adjust to the status of
an alien lawfully admitted for permanent residence, subject
to the conditional basis described in section 625, an alien
who is inadmissible or deportable from the United States, if
the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this Act, and
had not yet reached the age of 16 years at the time of
initial entry;
(B) the alien has been a person of good moral character
since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(B),
(6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if
inadmissible solely under subparagraph (C) or (F) of
paragraph (6) of such subsection, the alien was under the age
of 16 years at the time the violation was committed; and
(ii) is not deportable under paragraph (1)(E), (1)(G), (2),
(3)(B), (3)(C), (3)(D), (4), or (6) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)), or, if
deportable solely under subparagraphs (C) or (D) of paragraph
(3) of such subsection, the alien was under the age of 16
years at the time the violation was committed;
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the United
States, or has earned a high school diploma or obtained a

[[Page S9973]]

general education development certificate in the United
States; and
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien has remained in the United States under
color of law or received the order before attaining the age
of 16 years.
(2) Waiver.--The Secretary may waive the grounds of
ineligibility under section 212(a)(6) of the Immigration and
Nationality Act and the grounds of deportability under
paragraphs (1), (3), and (6) of section 237(a) of that Act
for humanitarian purposes or family unity or when it is
otherwise in the public interest.
(3) Procedures.--The Secretary shall provide a procedure by
regulation allowing eligible individuals to apply
affirmatively for the relief available under this subsection
without being placed in removal proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary may extend the time periods described in paragraph
(1) if the alien demonstrates that the failure to timely
return to the United States was due to exceptional
circumstances. The exceptional circumstances determined
sufficient to justify an extension should be no less
compelling than serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
publish proposed regulations implementing this section. Such
regulations shall be effective immediately on an interim
basis, but are subject to change and revision after public
notice and opportunity for a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary shall publish final
regulations implementing this section.
(f) Removal of Alien.--The Secretary may not remove any
alien who has a pending application for conditional status
under this subtitle.

SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section
626, an alien whose status has been adjusted under section
624 to that of an alien lawfully admitted for permanent
residence shall be considered to have obtained such status on
a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary shall provide for
notice to the alien regarding the provisions of this section
and the requirements of subsection (c) to have the
conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary to provide a notice under this paragraph--
(i) shall not affect the enforcement of the provisions of
this subtitle with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary shall terminate the
conditional permanent resident status of any alien who
obtained such status under this subtitle, if the Secretary
determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 624(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this subtitle.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary, in accordance with paragraph (3), a petition which
requests the removal of such conditional basis and which
provides, under penalty of perjury, the facts and information
so that the Secretary may make the determination described in
paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary shall make a
determination as to whether the alien meets the requirements
set out in subparagraphs (A) through (E) of subsection
(d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary in accordance with this
subtitle. The alien shall be deemed in conditional permanent
resident status in the United States during the period in
which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary to determine whether each of the following
requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 624(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of all of the secondary
educational institutions that the alien attended in the
United States.
(2) Hardship exception.--
(A) In general.--The Secretary may, in the Secretary's
discretion, remove the conditional status of an alien if the
alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
may extend the period of the conditional resident status for
the purpose of completing the requirements described in
paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must be
removed before the alien may apply for naturalization.

SEC. 626. RETROACTIVE BENEFITS.

If, on the date of enactment of this Act, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 624(a)(1) and section 625(d)(1)(D), the
Secretary may adjust the status of the alien to that of a
conditional resident in accordance with section 624. The
alien may petition for removal of such condition at the end
of the conditional residence period in accordance with
section 625(c) if the alien has met the requirements of
subparagraphs (A), (B), and (C) of section 625(d)(1) during
the entire period of conditional residence.

SEC. 627. EXCLUSIVE JURISDICTION.

(a) In General.--The Secretary shall have exclusive
jurisdiction to determine eligibility for relief under this
subtitle, except

[[Page S9974]]

where the alien has been placed into deportation, exclusion,
or removal proceedings either prior to or after filing an
application for relief under this subtitle, in which case the
Attorney General shall have exclusive jurisdiction and shall
assume all the powers and duties of the Secretary until
proceedings are terminated, or if a final order of
deportation, exclusion, or removal is entered the Secretary
shall resume all powers and duties delegated to the Secretary
under this subtitle.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 624(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States, consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.), and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).

SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this subtitle
and willfully and knowingly falsifies, misrepresents, or
conceals a material fact or makes any false or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any false or
fraudulent statement or entry, shall be fined in accordance
with title 18, United States Code, or imprisoned not more
than 5 years, or both.

SEC. 629. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition.--No officer or employee of the United
States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this subtitle to initiate
removal proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this subtitle can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this subtitle with a designated entity, that
designated entity, to examine applications filed under this
subtitle.
(b) Required Disclosure.--The Attorney General or the
Secretary shall provide the information furnished under this
section, and any other information derived from such
furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.

SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

Regulations promulgated under this subtitle shall provide
that applications under this subtitle will be considered on
an expedited basis and without a requirement for the payment
by the applicant of any additional fee for such expedited
processing.

SEC. 631. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this subtitle shall be
eligible only for the following assistance under such title
IV:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 632. GAO REPORT.

Seven years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a
report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives, which sets forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 624(a);
(2) the number of aliens who applied for adjustment of
status under section 624(a);
(3) the number of aliens who were granted adjustment of
status under section 624(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 625.

Subtitle D--Programs To Assist Nonimmigrant Workers

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 title 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.

SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY
TRAINING.

(a) Grants Authorized.--The Assistant Attorney General,
Office of Justice Programs, may award grants to qualified
non-profit community organizations to educate, train, and
support non-profit agencies, immigrant communities, and other
interested entities regarding the provisions of this Act and
the amendments made by this Act.
(b) Use of Funds.--
(1) In general.--Grants awarded under this section shall be
used--
(A) for public education, training, technical assistance,
government liaison, and all related costs (including
personnel and equipment) incurred by the grantee in providing
services related to this Act; and
(B) to educate, train, and support nonprofit organizations,
immigrant communities, and other interested parties regarding
this Act and the amendments made by this Act and on matters
related to its implementation.
(2) Education.--In addition to the purposes described in
paragraph (1), grants awarded under this section shall be
used to--
(A) educate immigrant communities and other interested
entities regarding--
(i) the individuals and organizations that can provide
authorized legal representation in immigration matters under
regulations prescribed by the Secretary; and
(ii) the dangers of securing legal advice and assistance
from those who are not authorized to provide legal
representation in immigration matters;
(B) educate interested entities regarding the requirements
for obtaining nonprofit recognition and accreditation to
represent immigrants under regulations prescribed by the
Secretary;
(C) provide nonprofit agencies with training and technical
assistance on the recognition and accreditation process; and
(D) educate nonprofit community organizations, immigrant
communities, and other interested entities regarding--
(i) the process for obtaining benefits under this Act or
under an amendment made by this Act; and
(ii) the availability of authorized legal representation
for low-income persons who may qualify for benefits under
this Act or under an amendment made by this Act.
(c) Diversity.--The Assistant Attorney General shall
ensure, to the extent possible, that the nonprofit community
organizations receiving grants under this section serve
geographically diverse locations and ethnically diverse
populations who may qualify for benefits under the Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Office of Justice Programs of the
Department of Justice such sums as may be necessary for each
of the fiscal years 2007 through 2009 to carry out this
section.

SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.

(a) Short Title.--This section may be cited as the
``Strengthening American Citizenship Act of 2006''.
(b) Definition.--In this section, the term ``Oath of
Allegiance'' means the binding oath (or affirmation) of
allegiance required to be naturalized as a citizen of the
United States, as prescribed in section 337(e) of the
Immigration and Nationality Act, as added by subsection
(h)(1)(B).
(c) English Fluency.--
(1) Education grants.--
(A) Establishment.--The Chief of the Office of Citizenship
of the Department (referred to in this paragraph as the
``Chief'') shall establish a grant program to provide grants
in an amount not to exceed $500 to assist legal residents of
the United States who declare an intent to apply for
citizenship in the United States to meet the requirements
under section 312 of the Immigration and Nationality Act (8
U.S.C. 1423).
(B) Use of funds.--Grant funds awarded under this paragraph
shall be paid directly

[[Page S9975]]

to an accredited institution of higher education or other
qualified educational institution (as determined by the
Chief) for tuition, fees, books, and other educational
resources required by a course on the English language in
which the legal resident is enrolled.
(C) Application.--A legal resident desiring a grant under
this paragraph shall submit an application to the Chief at
such time, in such manner, and accompanied by such
information as the Chief may reasonably require.
(D) Priority.--If insufficient funds are available to award
grants to all qualified applicants, the Chief shall give
priority based on the financial need of the applicants.
(E) Notice.--The Secretary, upon relevant registration of a
legal resident with the Department, shall notify such legal
resident of the availability of grants under this paragraph
for legal residents who declare an intent to apply for United
States citizenship.
(F) Definition.--For purposes of this subsection, the term
``legal resident'' means a lawful permanent resident or a
lawfully admitted alien who, in order to adjust status to
that of a lawful permanent resident must demonstrate a
knowledge of the English language or satisfactory pursuit of
a course of study to acquire such knowledge of the English
language.
(2) Faster citizenship for english fluency.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who
demonstrates English fluency, in accordance with regulations
prescribed by the Secretary of Homeland Security, in
consultation with the Secretary of State, will satisfy the
residency requirement under subsection (a) upon the
completion of 4 years of continuous legal residency in the
United States.''.
(3) Savings provision.--Nothing in this subsection shall be
construed to--
(A) modify the English language requirements for
naturalization under section 312(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)(1)); or
(B) influence the naturalization test redesign process of
the Office of Citizenship (except for the requirement under
subsection (h)(2)).
(d) American Citizenship Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide financial assistance
for--
(A) efforts by entities (including veterans and patriotic
organizations) certified by the Office of Citizenship to
promote the patriotic integration of prospective citizens
into the American way of life by providing civics, history,
and English as a second language courses, with a specific
emphasis on attachment to principles of the Constitution of
the United States, the heroes of American history (including
military heroes), and the meaning of the Oath of Allegiance;
and
(B) other activities approved by the Secretary to promote
the patriotic integration of prospective citizens and the
implementation of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), including grants--
(i) to promote an understanding of the form of government
and history of the United States; and
(ii) to promote an attachment to the principles of the
Constitution of the United States and the well being and
happiness of the people of the United States.
(2) Acceptance of gifts.--The Secretary may accept and use
gifts from the United States Citizenship Foundation, if the
foundation is established under subsection (e), for grants
under this subsection.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(e) Funding for the Office of Citizenship.--
(1) Authorization.--The Secretary, acting through the
Director of the Bureau of Citizenship and Immigration
Services, is authorized to establish the United States
Citizenship Foundation (referred to in this subsection as the
``Foundation''), an organization duly incorporated in the
District of Columbia, exclusively for charitable and
educational purposes to support the functions of the Office
of Citizenship.
(2) Dedicated funding.--
(A) In general.--Not less than 1.5 percent of the funds
made available to the Bureau of Citizenship and Immigration
Services from fees shall be dedicated to the functions of the
Office of Citizenship, which shall include the patriotic
integration of prospective citizens into--
(i) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(ii) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(B) Sense of congress.--It is the sense of Congress that
dedicating increased funds to the Office of Citizenship
should not result in an increase in fees charged by the
Bureau of Citizenship and Immigration Services.
(3) Gifts.--
(A) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(B) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the mission of the Office of Citizenship, including the
functions described in paragraph (2)(A).
(f) Restriction on Use of Funds.--No funds appropriated to
carry out a program under this subsection (d) or (e) may be
used to organize individuals for the purpose of political
activism or advocacy.
(g) Reporting Requirement.--
(1) In general.--The Chief of the Office of Citizenship
shall submit an annual report to the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee
on the Judiciary of the Senate, the Committee on Education
and the Workforce of the House of Representatives, and the
Committee on the Judiciary of the House of Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a list of the entities that have received funds from
the Office of Citizenship during the reporting period under
this section and the amount of funding received by each such
entity;
(B) an evaluation of the extent to which grants received
under this section successfully promoted an understanding
of--
(i) the English language; and
(ii) American history and government, including the heroes
of American history, the meaning of the Oath of Allegiance,
and an attachment to the principles of the Constitution of
the United States; and
(C) information about the number of legal residents who
were able to achieve the knowledge described under paragraph
(2) as a result of the grants provided under this section.
(h) Oath or Affirmation of Renunciation and Allegiance.--
(1) Revision of oath.--Section 337 (8 U.S.C. 1448) is
amended--
(A) in subsection (a), by striking ``under section 310(b)
an oath'' and all that follows through ``personal moral
code.'' and inserting ``under section 310(b), the oath (or
affirmation) of allegiance prescribed in subsection (e).'';
and
(B) by adding at the end the following:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or
affirmation) of allegiance prescribed in this subsection is
as follows: `I take this oath solemnly, freely, and without
any mental reservation. I absolutely and entirely renounce
all allegiance to any foreign state or power of which I have
been a subject or citizen. My fidelity and allegiance from
this day forward are to the United States of America. I will
bear true faith and allegiance to the Constitution and laws
of the United States, and will support and defend them
against all enemies, foreign and domestic. I will bear arms,
or perform noncombatant military or civilian service, on
behalf of the United States when required by law. This I do
solemnly swear, so help me God.'.
``(2) If a person, by reason of religious training and
belief (or individual interpretation thereof) or for other
reasons of good conscience, cannot take the oath prescribed
in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation'
shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to
the satisfaction of the Attorney General that such person, by
reason of religious training and belief, cannot take the oath
prescribed in paragraph (1)--
``(A) because such person is opposed to the bearing of arms
in the Armed Forces of the United States, the words `bear
arms, or' shall be omitted; and
``(B) because such person is opposed to any type of service
in the Armed Forces of the United States, the words `bear
arms, or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious
training and belief'--
``(A) means a belief of an individual in relation to a
Supreme Being involving duties superior to those arising from
any human relation; and
``(B) does not include essentially political, sociological,
or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of
allegiance' under this section shall be deemed to refer to
the oath (or affirmation) of allegiance prescribed under this
subsection.''.
(2) History and government test.--The Secretary shall
incorporate a knowledge and understanding of the meaning of
the Oath of Allegiance into the history and government test
given to applicants for citizenship.
(3) Notice to foreign embassies.--Upon the naturalization
of a new citizen, the Secretary, in cooperation with the
Secretary of State, shall notify the embassy of the country
of which the new citizen was a citizen or subject that such
citizen has--
(A) renounced allegiance to that foreign country; and
(B) sworn allegiance to the United States.
(4) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 6 months after the date
of enactment of this Act.
(i) Establishment of New Citizens Award Program.--
(1) Establishment.--There is established a new citizens
award program to recognize citizens who--
(A) have made an outstanding contribution to the United
States; and

[[Page S9976]]

(B) were naturalized during the 10-year period ending on
the date of such recognition.
(2) Presentation authorized.--
(A) In general.--The President is authorized to present a
medal, in recognition of outstanding contributions to the
United States, to citizens described in paragraph (1).
(B) Maximum number of awards.--Not more than 10 citizens
may receive a medal under this subsection in any calendar
year.
(3) Design and striking.--The Secretary of the Treasury
shall strike a medal with suitable emblems, devices, and
inscriptions, to be determined by the President.
(4) National medals.--The medals struck pursuant to this
subsection are national medals for purposes of chapter 51 of
title 31, United States Code.
(j) Naturalization Ceremonies.--
(1) In general.--The Secretary, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(2) Venues.--In developing the strategy under this
subsection, the Secretary shall consider the use of
outstanding and historic locations as venues for select
naturalization ceremonies.
(3) Reporting requirement.--The Secretary shall submit an
annual report to Congress that includes--
(A) the content of the strategy developed under this
subsection; and
(B) the progress made towards the implementation of such
strategy.

SEC. 644. SUPPLEMENTAL IMMIGRATION FEE.

(a) Authorization of Fee.--
(1) In general.--Subject to paragraph (2), any alien who
receives any immigration benefit under this title, or the
amendments made by this title, shall, before receiving such
benefit, pay a fee to the Secretary in an amount equal to
$500, in addition to other applicable fees and penalties
imposed under this title, or the amendments made by this
title.
(2) Fees contingent on appropriations.--No fee may be
collected under this section except to the extent that the
expenditure of the fee to pay the costs of activities and
services for which the fee is imposed, as described in
subsection (b), is provided for in advance in an
appropriations Act.
(b) Deposit and Expenditure of Fees.--
(1) Deposit.--Amounts collected under subsection (a) shall
be deposited as an offsetting collection in, and credited to,
the accounts providing appropriations--
(A) to carry out the apprehension and detention of any
alien who is inadmissible by reason of any offense described
in section 212(a);
(B) to carry out the apprehension and detention of any
alien who is deportable for any offense under section 237(a);
(C) to acquire border sensor and surveillance technology;
(D) for air and marine interdiction, operations,
maintenance, and procurement;
(E) for construction projects in support of the United
States Customs and Border Protection;
(F) to train Federal law enforcement personnel; and
(G) for maritime security activities.
(2) Availability of fees.--Amounts deposited under
paragraph (1) shall remain available until expended for the
activities and services described in paragraph (1).

SEC. 645. 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.

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

CHAPTER 1--APPEALS AND REVIEW

SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.

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

CHAPTER 2--IMMIGRATION REVIEW REFORM

SEC. 702. BOARD OF IMMIGRATION APPEALS.

(a) Composition and Appointment.--Notwithstanding any other
provision of law, the Board of Immigration Appeals of the
Department of Justice (referred to in this section as the
``Board''), shall be composed of a Chair and 22 other
immigration appeals judges, who shall be appointed by the
Attorney General. Upon the expiration of a term of office, a
Board member may continue to act until a successor has been
appointed and qualified.
(b) Qualifications.--Each member of the Board, including
the Chair, shall--
(1) be an attorney in good standing of a bar of a State or
the District of Columbia;
(2) have at least--
(A) 7 years of professional, legal expertise; or
(B) 5 years of professional, legal expertise in immigration
and nationality law; and
(3) meet the minimum appointment requirements of an
administrative law judge under title 5, United States Code.

[[Page S9977]]

(c) Duties of the Chair.--The Chair of the Board, subject
to the supervision of the Director of the Executive Office
for Immigration Review, shall--
(1) be responsible, on behalf of the Board, for the
administrative operations of the Board and shall have the
power to appoint such administrative assistants, attorneys,
clerks, and other personnel as may be needed for that
purpose;
(2) direct, supervise, and establish internal operating
procedures and policies of the Board;
(3) designate a member of the Board to act as Chair if the
Chair is absent or unavailable;
(4) adjudicate cases as a member of the Board;
(5) form 3-member panels as provided by subsection (g);
(6) direct that a case be heard en banc as provided by
subsection (h); and
(7) exercise such other authorities as the Director may
provide.
(d) Board Members Duties.--In deciding a case before the
Board, the Board--
(1) shall exercise independent judgment and discretion; and
(2) may take any action that is appropriate and necessary
for the disposition of such case that is consistent with the
authority provided in this section and any regulations
established in accordance with this section.
(e) Jurisdiction.--
(1) In general.--The Board shall have jurisdiction to hear
appeals described in section 1003.1(b) of title 8, Code of
Federal Regulations (or any corresponding similar
regulation).
(2) Limitation.--The Board shall not have jurisdiction to
hear an appeal of a decision of an immigration judge for an
order of removal entered in absentia.
(f) Scope of Review.--
(1) Findings or fact.--The Board shall--
(A) accept findings of fact determined by an immigration
judge, including findings as to the credibility of testimony,
unless the findings are clearly erroneous; and
(B) give due deference to an immigration judge's
application of the law to the facts.
(2) Questions of law.--The Board shall review de novo
questions of law, discretion, and judgment, and all other
issues in appeals from decisions of immigration judges.
(3) Appeals from officers' decisions.--
(A) Standard of review.--The Board shall review de novo all
questions arising in appeals from decisions issued by
officers of the Department.
(B) Prohibition of fact finding.--Except for taking
administrative notice of commonly known facts such as current
events or the contents of official documents, the Board may
not engage in fact-finding in the course of deciding appeals.
(C) Remand.--A party asserting that the Board cannot
properly resolve an appeal without further fact-finding shall
file a motion for remand. If further fact-finding is needed
in a case, the Board shall remand the proceeding to the
immigration judge or, as appropriate, to the Secretary.
(g) Panels.--
(1) In general.--Except as provided in paragraph (5) all
cases shall be subject to review by a 3-member panel. The
Chair shall divide the Board into 3-member panels and
designate a presiding member.
(2) Authority.--Each panel may exercise the appropriate
authority of the Board that is necessary for the adjudication
of cases before the Board.
(3) Quorum.--Two members appointed to a panel shall
constitute a quorum for such panel.
(4) Changes in composition.--The Chair may from time to
time make changes in the composition of a panel and of the
presiding member of a panel.
(5) Presiding member decisions.--The presiding member of a
panel may act alone on any motion as provided in paragraphs
(2) and (3) of subsection (i) and may not otherwise dismiss
or determine an appeal as a single Board member.
(h) En Banc Process.--
(1) In general.--The Board may on its own motion, by a
majority vote of the Board members, or by direction of the
Chair--
(A) consider any case as the full Board en banc; or
(B) reconsider as the full Board en banc any case that has
been considered or decided by a 3-member panel or by a
limited en banc panel.
(2) Quorum.--A majority of the Board members shall
constitute a quorum of the Board sitting en banc.
(i) Decisions of the Board.--
(1) Affirmance without opinion.--Upon individualized review
of a case, the Board may affirm the decision of an
immigration judge without opinion only if--
(A) the decision of the immigration judge resolved all
issues in the case;
(B) the issue on appeal is squarely controlled by existing
Board or Federal court precedent and does not involve the
application of precedent to a novel fact situation;
(C) the factual and legal questions raised on appeal are so
insubstantial that the case does not warrant the issuance of
a written opinion in the case; and
(D) the Board approves both the result reached in the
decision below and all of the reasoning of that decision.
(2) Summary dismissal of appeals.--The 3-member panel or
the presiding member acting alone may summarily dismiss any
appeal or portion of any appeal in any case which--
(A) the party seeking the appeal fails to specify the
reasons for the appeal;
(B) the only reason for the appeal specified by such party
involves a finding of fact or a conclusion of law that was
conceded by that party at a prior proceeding;
(C) the appeal is from an order that granted such party the
relief that had been requested;
(D) the appeal is determined to be filed for an improper
purpose, such as to cause unnecessary delay; or
(E) the appeal lacks an arguable basis in fact or in law
and is not supported by a good faith argument for extension,
modification, or reversal of existing law.
(3) Unopposed dispositions.--The 3-member panel or the
presiding member acting alone may--
(A) grant an unopposed motion or a motion to withdraw an
appeal pending before the Board; or
(B) adjudicate a motion to remand any appeal--
(i) from the decision of an officer of the Department if
the appropriate official of the Department requests that the
matter be remanded back for further consideration;
(ii) if remand is required because of a defective or
missing transcript; or
(iii) if remand is required for any other procedural or
ministerial issue.
(4) Notice of right to appeal.--The decision by the Board
shall include notice to the alien of the alien's right to
file a petition for review in a United States Court of
Appeals not later than 30 days after the date of the
decision.

SEC. 703. IMMIGRATION JUDGES.

(a) Appointment of Immigration Judges.--
(1) In general.--The Chief Immigration Judge (as described
in section 1003.9 of title 8, Code of Federal Regulations, or
any corresponding similar regulation) and other immigration
judges shall be appointed by the Attorney General. Upon the
expiration of a term of office, the immigration judge may
continue to act until a successor has been appointed and
qualified.
(2) Qualifications.--Each immigration judge, including the
Chief Immigration Judge, shall be an attorney in good
standing of a bar of a State or the District of Columbia and
shall have at least 5 years of professional, legal expertise
or at least 3 years professional or legal expertise in
immigration and nationality law.
(b) Jurisdiction.--An Immigration judge shall have the
authority to hear matters related to any removal proceeding
pursuant to section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) described in section 1240.1(a) of title
8, Code of Federal Regulations (or any corresponding similar
regulation).
(c) Duties of Immigration Judges.--In deciding a case, an
immigration judge--
(1) shall exercise independent judgment and discretion; and
(2) may take any action that is appropriate and necessary
for the disposition of such case that is consistent with
their authorities under this section and regulations
established in accordance with this section.
(d) Review.--Decisions of immigration judges are subject to
review by the Board of Immigration Appeals in any case in
which the Board has jurisdiction.

SEC. 704. REMOVAL AND REVIEW OF JUDGES.

No immigration judge or member of the Board may be removed
or otherwise subject to disciplinary or adverse action for
their exercise of independent judgment and discretion as
prescribed by this chapter.

SEC. 705. LEGAL ORIENTATION PROGRAM.

(a) Continued Operation.--The Director of the Executive
Office for Immigration Review shall continue to operate a
legal orientation program to provide basic information about
immigration court procedures for immigration detainees and
shall expand the legal orientation program to provide such
information on a nationwide basis.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
such legal orientation program.

SEC. 706. REGULATIONS.

Not later than 180 days after the date of the enactment of
this Act, the Attorney General shall issue regulations to
implement this subtitle.

SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION
APPEALS.

(a) In General.--The Comptroller General of the United
States shall, not later than 180 days after enactment of this
Act, conduct a study on the appellate process for immigration
appeals.
(b) Requirements.--In conducting the study under subsection
(a), the Comptroller General shall consider the possibility
of consolidating all appeals from the Board of Immigration
Appeals and habeas corpus petitions in immigration cases into
1 United States Court of Appeals, by--
(1) consolidating all such appeals into an existing circuit
court, such as the United States Court of Appeals for the
Federal Circuit;
(2) consolidating all such appeals into a centralized
appellate court consisting of active circuit court judges
temporarily assigned from the various circuits, in a manner
similar to the Foreign Intelligence Surveillance Court or the
Temporary Emergency Court of Appeals; or
(3) implementing a mechanism by which a panel of active
circuit court judges shall have the authority to reassign
such appeals

[[Page S9978]]

from circuits with relatively high caseloads to circuits with
relatively low caseloads.
(c) Factors To Consider.--In conducting the study under
subsection (a), the Comptroller General, in consultation with
the Attorney General, the Secretary, and the Judicial
Conference of the United States, shall consider--
(1) the resources needed for each alternative, including
judges, attorneys and other support staff, case management
techniques including technological requirements, physical
infrastructure, and other procedural and logistical issues as
appropriate;
(2) the impact of each plan on various circuits, including
their caseload in general and caseload per panel;
(3) the possibility of utilizing case management techniques
to reduce the impact of any consolidation option, such as
requiring certificates of reviewability, similar to
procedures for habeas and existing summary dismissal
procedures in local rules of the courts of appeals;
(4) the effect of reforms in this Act on the ability of the
circuit courts to adjudicate such appeals;
(5) potential impact, if any, on litigants; and
(6) other reforms to improve adjudication of immigration
matters, including appellate review of motions to reopen and
reconsider, and attorney fee awards with respect to review of
final orders of removal.

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,''.

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). 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.

Subtitle C--State Court Interpreter Grant Program

SEC. 721. SHORT TITLE.

This subtitle may be cited as the ``State Court Interpreter
Grant Program Act''.

SEC. 722. FINDINGS.

Congress finds that--
(1) the fair administration of justice depends on the
ability of all participants in a courtroom proceeding to
understand that proceeding, regardless of their English
proficiency;
(2) 19 percent of the population of the United States over
5 years of age speaks a language other than English at home;
(3) only qualified court interpreters can ensure that
persons with limited English proficiency comprehend judicial
proceedings in which they are a party;
(4) the knowledge and skills required of a qualified court
interpreter differ substantially from those required in other
interpretation settings, such as social service, medical,
diplomatic, and conference interpreting;
(5) the Federal Government has demonstrated its commitment
to equal administration of justice regardless of English
proficiency;
(6) regulations implementing title VI of the Civil Rights
Act of 1964, as well as the guidance issued by the Department
of Justice pursuant to Executive Order 13166, issued August
11, 2000, clarify that all recipients of Federal financial
assistance, including State courts, are required to take
reasonable steps to provide meaningful access to their
proceedings for persons with limited English proficiency;
(7) 34 States have developed, or are developing, court
interpreting programs;
(8) robust, effective court interpreter programs--
(A) actively recruit skilled individuals to be court
interpreters;
(B) train those individuals in the interpretation of court
proceedings;
(C) develop and use a thorough, systematic certification
process for court interpreters; and
(D) have sufficient funding to ensure that a qualified
interpreter will be available to the court whenever
necessary; and
(9) Federal funding is necessary to--
(A) encourage State courts that do not have court
interpreter programs to develop them;
(B) assist State courts with nascent court interpreter
programs to implement them;
(C) assist State courts with limited court interpreter
programs to enhance them; and
(D) assist State courts with robust court interpreter
programs to make further improvements and share successful
programs with other States.

SEC. 723. STATE COURT INTERPRETER PROGRAM.

(a) Grants Authorized.--
(1) In general.--The Administrator of the Office of Justice
Programs of the Department of Justice (referred to in this
section as the ``Administrator'') shall make grants, in
accordance with such regulations as the Attorney General may
prescribe, to State courts to develop and implement programs
to assist individuals with limited English proficiency to
access and understand State court proceedings in which they
are a party.
(2) Technical assistance.--The Administrator shall
allocate, for each fiscal year, $500,000 of the amount
appropriated pursuant to section 724 to be used to establish
a court interpreter technical assistance program to assist
State courts receiving grants under this subtitle.
(b) Use of Grants.--Grants awarded under subsection (a) may
be used by State courts to--
(1) assess regional language demands;
(2) develop a court interpreter program for the State
courts;
(3) develop, institute, and administer language
certification examinations;
(4) recruit, train, and certify qualified court
interpreters;
(5) pay for salaries, transportation, and technology
necessary to implement the

[[Page S9979]]

court interpreter program developed under paragraph (2); and
(6) engage in other related activities, as prescribed by
the Attorney General.
(c) Application.--
(1) In general.--The highest State court of each State
desiring a grant under this section shall submit an
application to the Administrator at such time, in such
manner, and accompanied by such information as the
Administrator may reasonably require.
(2) State courts.--The highest State court of each State
submitting an application under paragraph (1) shall include
in the application--
(A) an identification of each State court in that State
which would receive funds from the grant;
(B) the amount of funds each State court identified under
subparagraph (A) would receive from the grant; and
(C) the procedures the highest State court would use to
directly distribute grant funds to State courts identified
under subparagraph (A).
(d) State Court Allotments.--
(1) Base allotment.--From amounts appropriated for each
fiscal year pursuant to section 724, the Administrator shall
allocate $100,000 to each of the highest State court of each
State, which has an application approved under subsection
(c).
(2) Discretionary allotment.--From amounts appropriated for
each fiscal year pursuant to section 724, the Administrator
shall allocate a total of $5,000,000 to the highest State
court of States that have extraordinary needs that must be
addressed in order to develop, implement, or expand a State
court interpreter program.
(3) Additional allotment.--In addition to the allocations
made under paragraphs (1) and (2), the Administrator shall
allocate to each of the highest State court of each State,
which has an application approved under subsection (c), an
amount equal to the product reached by multiplying--
(A) the unallocated balance of the amount appropriated for
each fiscal year pursuant to section 724; and
(B) the ratio between the number of people over 5 years of
age who speak a language other than English at home in the
State and the number of people over 5 years of age who speak
a language other than English at home in all the States that
receive an allocation under paragraph (1), as those numbers
are determined by the Bureau of the Census.

SEC. 724. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $15,000,000 for
each of the fiscal years 2007 through 2010 to carry out this
subtitle.

Subtitle D--Border Infrastructure and Technology Modernization

SEC. 731. SHORT TITLE.

This subtitle may be cited as the ``Border Infrastructure
and Technology Modernization Act''.

SEC. 732. DEFINITIONS.

In this subtitle:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Customs and Border Protection
of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and
Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.

SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

(a) Requirement To Update.--Not later than January 31 of
each year, the Administrator of General Services shall update
the Port of Entry Infrastructure Assessment Study prepared by
the Bureau of Customs and Border Protection in accordance
with the matter relating to the ports of entry infrastructure
assessment that is set out in the joint explanatory statement
in the conference report accompanying H.R. 2490 of the 106th
Congress, 1st session (House of Representatives Rep. No. 106-
319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies
required in subsection (a), the Administrator of General
Services shall consult with the Director of the Office of
Management and Budget, the Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a)
shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 734; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the United
States.
(d) Project Implementation.--The Commissioner shall
implement the infrastructure and technology improvement
projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may
diverge from the priority order if the Commissioner
determines that significantly changed circumstances, such as
immediate security needs or changes in infrastructure in
Mexico or Canada, compellingly alter the need for a project
in the United States.

SEC. 734. NATIONAL LAND BORDER SECURITY PLAN.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, an annually thereafter, the
Secretary, after consultation with representatives of
Federal, State, and local law enforcement agencies and
private entities that are involved in international trade
across the northern border or the southern border, shall
submit a National Land Border Security Plan to Congress.
(b) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary may
establish 1 or more port security coordinators at each port
of entry located on the northern border or the southern
border--
(A) to assist in conducting a vulnerability assessment at
such port; and
(B) to provide other assistance with the preparation of the
plan required in subsection (a).

SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.

(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Secretary, shall develop a plan to expand the size and
scope, including personnel, of the Customs-Trade Partnership
Against Terrorism programs along the northern border and
southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs administered by the
Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall implement, on a demonstration basis, at
least 1 Customs-Trade Partnership Against Terrorism program,
which has been successfully implemented along the northern
border, along the southern border.
(b) Maquiladora Demonstration Program.--Not later than 180
days after the date of enactment of this Act, the
Commissioner shall establish a demonstration program to
develop a cooperative trade security system to improve supply
chain security.

SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary shall carry out a
technology demonstration program to--
(1) test and evaluate new port of entry technologies;
(2) refine port of entry technologies and operational
concepts; and
(3) train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology testing.--Under the technology demonstration
program, the Secretary shall test technologies that enhance
port of entry operations, including operations related to--
(A) inspections;
(B) communications;
(C) port tracking;
(D) identification of persons and cargo;
(E) sensory devices;
(F) personal detection;
(G) decision support; and
(H) the detection and identification of weapons of mass
destruction.
(2) Development of facilities.--At a demonstration site
selected pursuant to subsection (c)(2), the Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including--
(A) cross-training among agencies;
(B) advanced law enforcement training; and
(C) equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration
program, has a traffic volume low enough to easily
incorporate new technologies without interrupting normal
processing activity, and can efficiently carry out
demonstration and port of entry operations, at least 1 port
of entry selected as a demonstration site shall--
(A) have been established not more than 15 years before the
date of the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion to not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000
vehicles per month during the 1-year period ending on the
date of the enactment of this Act.

[[Page S9980]]

(d) Relationship With Other Agencies.--The Secretary shall
permit personnel from an appropriate Federal or State agency
to utilize a demonstration site described in subsection (c)
to test technologies that enhance port of entry operations,
including technologies described in subparagraphs (A) through
(H) of subsection (b)(1).
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report submitted under paragraph (1)
shall include an assessment by the Secretary of the
feasibility of incorporating any demonstrated technology for
use throughout the Bureau of Customs and Border Protection.

SEC. 737. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to any funds otherwise
available, there are authorized to be appropriated--
(1) such sums as may be necessary for the fiscal years 2007
through 2011 to carry out the provisions of section 733(a);
(2) to carry out section 733(d)--
(A) $100,000,000 for each of the fiscal years 2007 through
2011; and
(B) such sums as may be necessary in any succeeding fiscal
year;
(3) to carry out section 735(a)--
(A) $30,000,000 for fiscal year 2007, of which $5,000,000
shall be made available to fund the demonstration project
established in section 736(a)(2); and
(B) such sums as may be necessary for the fiscal years 2008
through 2011;
(4) to carry out section 735(b)--
(A) $5,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for the fiscal years 2008
through 2011; and
(5) to carry out section 736, provided that not more than
$10,000,000 may be expended for technology demonstration
program activities at any 1 port of entry demonstration site
in any fiscal year--
(A) $50,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the fiscal
years 2008 through 2011.
(b) International Agreements.--Amounts authorized to be
appropriated under this subtitle may be used for the
implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure
and Efficient Flow of People and Commerce across our Shared
Border between the United States and Mexico, agreed to March
22, 2002, Monterrey, Mexico (commonly known as the Border
Partnership Action Plan) or the Smart Border Declaration
between the United States and Canada, agreed to December 12,
2001, Ottawa, Canada that are consistent with the provisions
of this subtitle.

Subtitle E--Family Humanitarian Relief

SEC. 741. SHORT TITLE.

This subtitle may be cited as the ``September 11 Family
Humanitarian Relief and Patriotism Act''.

SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT
VICTIMS OF TERRORISM.

(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary to that of
an alien lawfully admitted for permanent residence, if the
alien--
(A) applies for such adjustment not later than 2 years
after the date on which the Secretary promulgates final
regulations to implement this section; and
(B) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Rules in applying certain provisions.--
(A) In general.--In the case of an alien described in
subsection (b) who is applying for adjustment of status under
this section--
(i) the provisions of section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply;
and
(ii) the Secretary may grant the alien a waiver on the
grounds of inadmissibility under subparagraphs (A) and (C) of
section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(B) Standards.--In granting waivers under subparagraph
(A)(ii), the Secretary shall use standards used in granting
consent under subparagraphs (A)(iii) and (C)(ii) of such
section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the United
States who has been ordered excluded, deported, removed, or
ordered to depart voluntarily from the United States under
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) may, notwithstanding such order, apply
for adjustment of status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate such order.
(C) Effect of decision.--If the Secretary grants a request
under subparagraph (A), the Secretary shall cancel the order.
If the Secretary renders a final administrative decision to
deny the request, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
such date; and
(B) died as a direct result of a specified terrorist
activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary shall establish, by
regulation, a process by which an alien subject to a final
order of removal may seek a stay of such order based on the
filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Secretary shall not order any alien to be
removed from the United States, if the alien is in removal
proceedings under any provision of such Act and has applied
for adjustment of status under subsection (a), except where
the Secretary has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Secretary shall authorize an
alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application.
(d) Availability of Administrative Review.--The Secretary
shall provide to applicants for adjustment of status under
subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).

SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT
VICTIMS OF TERRORISM.

(a) In General.--Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act (8 U.S.C. 1229b), the Secretary shall, under
such section 240A, cancel the removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
an alien described in subsection (b), if the alien applies
for such relief.
(b) Aliens Eligible for Cancellation of Removal.--The
benefits provided by subsection (a) shall apply to any alien
who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as
a direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary shall provide by regulation
for an alien subject to a final order of removal to seek a
stay of such order based on the filing of an application
under subsection (a).
(2) Work authorization.--The Secretary shall authorize an
alien who has applied for cancellation of removal under
subsection (a) to engage in employment in the United States
during the pendency of such application.
(d) Motions To Reopen Removal Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an
aggravated felony (as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any
alien who has become eligible for cancellation of removal as
a result of the enactment of this section may file 1 motion
to reopen removal proceedings to apply for such relief.
(2) Filing period.--The Secretary shall designate a
specific time period in which all such motions to reopen are
required to be filed. The period shall begin not later than
60 days after the date of enactment of this Act and shall
extend for a period not to exceed 240 days.

SEC. 744. EXCEPTIONS.

Notwithstanding any other provision of this subtitle, an
alien may not be provided relief under this subtitle if the
alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any
individual culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).

SEC. 745. EVIDENCE OF DEATH.

For purposes of this subtitle, the Secretary shall use the
standards established under section 426 of the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism

[[Page S9981]]

(USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in determining
whether death occurred as a direct result of a specified
terrorist activity.

SEC. 746. DEFINITIONS.

(a) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this subtitle, the definitions used in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than the
definitions applicable exclusively to title III of such Act,
shall apply in the administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this
subtitle, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.

Subtitle F--Other Matters

SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.

Section 329 of the Immigration and Nationality Act (8
U.S.C. 1440) is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subsection (a) and (d)''; and
(2) by adding at the end the following:
``(d) Notwithstanding any other provision of law, except
for provisions relating to revocation of citizenship under
subsection (c), individuals who are not United States
citizens shall not be denied the opportunity to apply for
membership in the United States Armed Forces. Such
individuals who become active duty members of the United
States Armed Forces shall, consistent with subsections (a)
through (e) and with the approval of their chain of command,
be granted United States citizenship after performing at
least 2 years of honorable and satisfactory service on active
duty. Not later than 90 days after such requirements are met
with respect to an individual, such individual shall be
granted United States citizenship.
``(e) An alien described in subsection (d) shall be
naturalized without regard to the requirements of title III
of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) and any other requirements, processes, or procedures of
the Immigration and Naturalization Service, if the alien--
``(1) filed an application for naturalization in accordance
with such procedures to carry out this section as may be
established by regulation by the Secretary of Homeland
Security or the Secretary of Defense;
``(2) demonstrates to his or her military chain of command,
proficiency in the English language, good moral character,
and knowledge of the Federal Government and United States
history, consistent with the requirements contained in the
Immigration and Nationality Act; and
``(3) takes the oath required under section 337 of such Act
(8 U.S.C. 1448 et seq.) and participates in an oath
administration ceremony in accordance with such Act.''.

SEC. 752. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

(a) In General.--Section 214(c)(4)(A) (8 U.S.C.
1184(c)(4)(A)) is amended by striking clauses (i) and (ii)
and inserting the following:
``(i)(I) performs as an athlete, individually or as part of
a group or team, at an internationally recognized level of
performance;
``(II) is a professional athlete, as defined in section
204(i)(2);
``(III) performs as an athlete, or as a coach, as part of a
team or franchise that is located in the United States and a
member of a foreign league or association of 15 or more
amateur sports teams, if--

``(aa) the foreign league or association is the highest
level of amateur performance of that sport in the relevant
foreign country;
``(bb) participation in such league or association renders
players ineligible, whether on a temporary or permanent
basis, to earn a scholarship in, or participate in, that
sport at a college or university in the United States under
the rules of the National Collegiate Athletic Association
(NCAA), and
``(cc) a significant number of the individuals who play in
such league or association are drafted by a major sports
league or a minor league affiliate of such a sports league,
or

``(IV) is a professional athlete or amateur athlete who
performs individually or as part of a group in a theatrical
ice skating production, and
``(ii) seeks to enter the United States temporarily and
solely for the purpose of performing--

``(I) as such an athlete with respect to a specific
athletic competition, or
``(II) in the case of an individual described in clause
(i)(IV), in a specific theatrical ice skating production or
tour.''.

(b) Petitions for Multiple Aliens.--Section 214(c)(4) (8
U.S.C. 1184(c)(4)) is amended by adding at the end the
following new paragraph:
``(F) The Secretary of Homeland Security shall permit a
petition under this subsection to seek classification of more
than one alien as a nonimmigrant under section
101(a)(15)(P)(i)(a). The fee charged for such a petition may
not be more than the fee charged for a petition seeking
classification of one such alien.''.
(c) Relationship to Other Provisions of the Immigration and
Nationality Act.--Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as
amended by subsection (c), is further amended by adding at
the end the following new paragraph:
``(G) Notwithstanding any other provision of this title,
the Secretary of Homeland Security shall permit an athlete,
or the employer of an athlete, to seek admission to the
United States for such athlete under a provision of this Act
other than section 101(a)(15)(P)(i).''.

SEC. 753. EXTENSION OF RETURNING WORKER EXEMPTION.

Section 402(b)(1) of the Save Our Small and Seasonal
Businesses Act of 2005 (title IV of division B of Public Law
109-13; 8 U.S.C. 1184 note) is amended by striking ``2006''
and inserting ``2009''.

SEC. 754. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
later than 90 days after the date of enactment of this Act,
shall develop and implement a program to fully integrate and
utilize aerial surveillance technologies, including unmanned
aerial vehicles, to enhance the security of the international
border between the United States and Canada and the
international border between the United States and Mexico.
The goal of the program shall be to ensure continuous
monitoring of each mile of each such border.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary
shall--
(A) consider current and proposed aerial surveillance
technologies;
(B) assess the feasibility and advisability of utilizing
such technologies to address border threats, including an
assessment of the technologies considered best suited to
address respective threats;
(C) consult with the Secretary of Defense regarding any
technologies or equipment, which the Secretary may deploy
along an international border of the United States; and
(D) consult with the Administrator of the Federal Aviation
Administration regarding safety, airspace coordination and
regulation, and any other issues necessary for implementation
of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the use of a variety of aerial
surveillance technologies in a variety of topographies and
areas, including populated and unpopulated areas located on
or near an international border of the United States, in
order to evaluate, for a range of circumstances--
(i) the significance of previous experiences with such
technologies in border security or critical infrastructure
protection;
(ii) the cost and effectiveness of various technologies for
border security, including varying levels of technical
complexity; and
(iii) liability, safety, and privacy concerns relating to
the utilization of such technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while assessing the effectiveness of the
utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
shall submit a report to Congress regarding the program
developed under this subsection. The Secretary shall include
in the report a description of the program together with such
recommendations as the Secretary finds appropriate for
enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary shall establish a program to
procure additional unmanned aerial vehicles, cameras, poles,
sensors, satellites, radar coverage, and other technologies
necessary to achieve operational control of the international
borders of the United States and to establish a security
perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration. Such program shall be known as the Integrated
and Automated Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, the Integrated and Automated
Surveillance Program is carried out in a manner that--
(A) the technologies utilized in the Program are integrated
and function cohesively in an automated fashion, including
the integration of motion sensor alerts and cameras, whereby
a sensor alert automatically activates a corresponding camera
to pan and tilt in the direction of the triggered sensor;
(B) cameras utilized in the Program do not have to be
manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras can be viewed
at multiple designated communications centers;
(E) a standard process is used to collect, catalog, and
report intrusion and response data collected under the
Program;
(F) future remote surveillance technology investments and
upgrades for the Program can be integrated with existing
systems;
(G) performance measures are developed and applied that can
evaluate whether the

[[Page S9982]]

Program is providing desired results and increasing response
effectiveness in monitoring and detecting illegal intrusions
along the international borders of the United States;
(H) plans are developed under the Program to streamline
site selection, site validation, and environmental assessment
processes to minimize delays of installing surveillance
technology infrastructure;
(I) standards are developed under the Program to expand the
shared use of existing private and governmental structures to
install remote surveillance technology infrastructure where
possible; and
(J) standards are developed under the Program to identify
and deploy the use of nonpermanent or mobile surveillance
platforms that will increase the Secretary's mobility and
ability to identify illegal border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary shall submit to Congress
a report regarding the Program. The Secretary shall include
in the report a description of the Program together with any
recommendation that the Secretary finds appropriate for
enhancing the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary shall develop
appropriate standards to evaluate the performance of any
contractor providing goods or services to carry out the
Integrated and Automated Surveillance Program.
(B) Review by the inspector general.--The Inspector General
of the Department shall timely review each new contract
related to the Program that has a value of more than
$5,000,000, to determine whether such contract fully complies
with applicable cost requirements, performance objectives,
program milestones, and schedules. The Inspector General
shall report the findings of such review to the Secretary in
a timely manner. Not later than 30 days after the date the
Secretary receives a report of findings from the Inspector
General, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report of such findings and a description
of any the steps that the Secretary has taken or plans to
take in response to such findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.

SEC. 755. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.

(a) Review.--The Secretary, in consultation with the
Secretary of State, shall conduct a comprehensive review of
the immigration procedures in existence as of the date of the
enactment of this Act.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report, in classified form, if necessary, that--
(1) identifies inefficient immigration procedures; and
(2) outlines a plan to improve the efficiency and
responsiveness of the immigration process.

SEC. 756. NORTHERN BORDER PROSECUTION INITIATIVE.

(a) Initiative Required.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the
Director of the Bureau of Justice Assistance of the Office of
Justice Programs, shall establish and carry out a program, to
be known as the Northern Border Prosecution Initiative, to
provide funds to reimburse eligible northern border entities
for costs incurred by those entities for handling case
dispositions of criminal cases that are federally initiated
but federally declined-referred.
(2) Relation with southwestern border prosecution
initiative.--The program established in paragraph (1) shall--
(A) be modeled after the Southwestern Border Prosecution
Initiative; and
(B) serve as a partner program to that initiative to
reimburse local jurisdictions for processing Federal cases.
(b) Provision and Allocation of Funds.--Funds provided
under the program established in subsection (a) shall be--
(1) provided in the form of direct reimbursements; and
(2) allocated in a manner consistent with the manner under
which funds are allocated under the Southwestern Border
Prosecution Initiative.
(c) Use of Funds.--Funds provided to an eligible northern
border entity under this section may be used by the entity
for any lawful purpose, including:
(1) Prosecution and related costs;
(2) Court costs;
(3) Costs of courtroom technology;
(4) Costs of constructing holding spaces;
(5) Costs of administrative staff;
(6) Costs of defense counsel for indigent defendants; and
(7) Detention costs, including pre-trial and post-trial
detention.
(d) Definitions.--In this section:
(1) Case disposition.--The term ``case disposition''--
(A) for purposes of the Northern Border Prosecution
Initiative, refers to the time between the arrest of a
suspect and the resolution of the criminal charges through a
county or State judicial or prosecutorial process; and
(B) does not include incarceration time for sentenced
offenders, or time spent by prosecutors on judicial appeals.
(2) Eligible northern border entity.--The term ``eligible
northern border entity'' means--
(A) the States of Alaska, Idaho, Maine, Michigan,
Minnesota, Montana, New Hampshire, New York, North Dakota,
Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
(B) any unit of local government within a State referred to
in subparagraph (A).
(3) Federally declined-referred.--The term ``federally
declined-referred''--
(A) means, with respect to a criminal case, that a decision
has been made in that case by a United States Attorney or a
Federal law enforcement agency during a Federal investigation
to no longer pursue Federal criminal charges against a
defendant and to refer such investigation to a State or local
jurisdiction for possible prosecution; and
(B) includes a decision made on an individualized case-by-
case basis as well as a decision made pursuant to a general
policy or practice or pursuant to prosecutorial discretion.
(4) Federally initiated.--The term ``federally initiated''
means, with respect to a criminal case, that the case results
from a criminal investigation or an arrest involving Federal
law enforcement authorities for a potential violation of
Federal criminal law, including investigations resulting from
multi-jurisdictional task forces.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $28,000,000 for
fiscal year 2006 and such sums as may be necessary for fiscal
years thereafter.

SEC. 757. SOUTHWEST BORDER PROSECUTION INITIATIVE.

(a) Reimbursement to State and Local Prosecutors for
Prosecuting Federally Initiated Drug Cases.--The Attorney
General shall, subject to the availability of appropriations,
reimburse Southern Border State and county prosecutors for
prosecuting federally initiated and referred drug cases.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $50,000,000 for each of the fiscal years
2007 through 2012 to carry out subsection (a).

SEC. 758. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

(a) Short Title.--This section may be cited as the
``Initial Entry, Adjustment, and Citizenship Assistance Grant
Act of 2006''.
(b) Purpose.--The purpose of this section is to establish a
grant program within the Bureau of Citizenship and
Immigration Services that provides funding to community-based
organizations, including community-based legal service
organizations, as appropriate, to develop and implement
programs to assist eligible applicants for the conditional
nonimmigrant worker program established under this Act by
providing them with the services described in subsection
(d)(2).
(c) Definitions.--In this section:
(1) Community-based organization.--The term ``community-
based organization'' means a nonprofit, tax-exempt
organization, including a faith-based organization, whose
staff has experience and expertise in meeting the legal,
social, educational, cultural educational, or cultural needs
of immigrants, refugees, persons granted asylum, or persons
applying for such statuses.
(2) IEACA grant.--The term ``IEACA grant'' means an Initial
Entry, Adjustment, and Citizenship Assistance Grant
authorized under subsection (d).
(d) Establishment of Initial Entry, Adjustment, and
Citizenship Assistance Grant Program.--
(1) Grants authorized.--The Secretary, working through the
Director of the Bureau of Citizenship and Immigration
Services, may award IEACA grants to community-based
organizations.
(2) Use of funds.--Grants awarded under this section may be
used for the design and implementation of programs to provide
the following services:
(A) Initial application.--Assistance and instruction,
including legal assistance, to aliens making initial
application for treatment under the program established by
section 218D of the Immigration and Nationality Act, as added
by section 601. Such assistance may include assisting
applicants in--
(i) screening to assess prospective applicants' potential
eligibility or lack of eligibility;
(ii) filling out applications;
(iii) gathering proof of identification, employment,
residence, and tax payment;
(iv) gathering proof of relationships of eligible family
members;
(v) applying for any waivers for which applicants and
qualifying family members may be eligible; and
(vi) any other assistance that the Secretary or grantee
considers useful to aliens who are interested in filing
applications for treatment under such section 218D.
(B) Adjustment of status.--Assistance and instruction,
including legal assistance, to aliens seeking to adjust their
status in accordance with section 245 or 245B of the
Immigration and Nationality Act.
(C) Citizenship.--Assistance and instruction to applicants
on--
(i) the rights and responsibilities of United States
Citizenship;
(ii) English as a second language;

[[Page S9983]]

(iii) civics; or
(iv) applying for United States citizenship.
(3) Duration and renewal.--
(A) Duration.--Each grant awarded under this section shall
be awarded for a period of not more than 3 years.
(B) Renewal.--The Secretary may renew any grant awarded
under this section in 1-year increments.
(4) Application for grants.--Each entity desiring an IEACA
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
(5) Eligible organizations.--A community-based organization
applying for a grant under this section to provide services
described in subparagraph (A), (B), or (C)(iv) of paragraph
(2) may not receive such a grant unless the organization is--
(A) recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations; or
(B) otherwise directed by an attorney.
(6) Selection of grantees.--Grants awarded under this
section shall be awarded on a competitive basis.
(7) Geographic distribution of grants.--The Secretary shall
approve applications under this section in a manner that
ensures, to greatest extent practicable, that--
(A) not less than 50 percent of the funding for grants
under this section are awarded to programs located in the 10
States with the highest percentage of foreign-born residents;
and
(B) not less than 20 percent of the funding for grants
under this section are awarded to programs located in States
that are not described in subparagraph (A).
(8) Ethnic diversity.--The Secretary shall ensure that
community-based organizations receiving grants under this
section provide services to an ethnically diverse population,
to the greatest extent possible.
(e) Liaison Between USCIS and Grantees.--The Secretary
shall establish a liaison between the Bureau of Citizenship
and Immigration Services and the community of providers of
services under this section to assure quality control,
efficiency, and greater client willingness to come forward.
(f) Reports to Congress.--Not later than 180 days after the
date of the enactment of this Act, and each subsequent July
1, the Secretary shall submit a report to Congress that
includes information regarding--
(1) the status of the implementation of this section;
(2) the grants issued pursuant to this section; and
(3) the results of those grants.
(g) Source of Grant Funds.--
(1) Application fees.--The Secretary may use funds made
available under sections 218A(l)(2) and 218D(f)(4)(B) of the
Immigration and Nationality Act, as added by this Act, to
carry out this section.
(2) Authorization of appropriations.--
(A) Amounts authorized.--In addition to the amounts made
available under paragraph (1), there are authorized to be
appropriated such additional sums as may be necessary for
each of the fiscal years 2007 through 2011 to carry out this
section.
(B) Availability.--Any amounts appropriated pursuant to
subparagraph (A) shall remain available until expended.
(h) Distribution of Fees and Fines.--
(1) H-2c visa fees.--Notwithstanding section 218A(l) of the
Immigration and Nationality Act, as added by section 403, 2
percent of the fees collected under section 218A of such Act
shall be made available for grants under the Initial Entry,
Adjustment, and Citizenship Assistance Grant Program
established under this section.
(2) Conditional nonimmigrant visa fees and fines.--
Notwithstanding section 218D(f)(4) of the Immigration and
Nationality Act, as added by section 601, 2 percent of the
fees and fines collected under section 218D of such Act shall
be made available for grants under the Initial Entry,
Adjustment, and Citizenship Assistance Grant Program
established under this section.

SEC. 759. SCREENING OF MUNICIPAL SOLID WASTE.

(a) Definitions.--In this section:
(1) Bureau.--The term `` Bureau'' means the Bureau of
Customs and Border Protection.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(4) Municipal solid waste.--The term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(b) Reports to Congress.--Not later than 90 days after the
date of enactment of this Act, the Commissioner shall submit
to Congress a report that--
(1) indicates whether the methodologies and technologies
used by the Bureau to screen for and detect the presence of
chemical, nuclear, biological, and radiological weapons in
municipal solid waste are as effective as the methodologies
and technologies used by the Bureau to screen for those
materials in other items of commerce entering the United
States through commercial motor vehicle transport; and
(2) if the report indicates that the methodologies and
technologies used to screen municipal solid waste are less
effective than those used to screen other items of commerce,
identifies the actions that the Bureau will take to achieve
the same level of effectiveness in the screening of municipal
solid waste, including actions necessary to meet the need for
additional screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the
Commissioner fails to fully implement an action identified
under subsection (b)(2) before the earlier of the date that
is 180 days after the date on which the report under
subsection (b) is required to be submitted or the date that
is 180 days after the date on which the report is submitted,
the Secretary shall deny entry into the United States of any
commercial motor vehicle carrying municipal solid waste until
the Secretary certifies to Congress that the methodologies
and technologies used by the Bureau to screen for and detect
the presence of chemical, nuclear, biological, and
radiological weapons in municipal solid waste are as
effective as the methodologies and technologies used by the
Bureau to screen for those materials in other items of
commerce entering into the United States through commercial
motor vehicle transport.

SEC. 760. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE
NOT ACCESSIBLE BY ROAD.

Notwithstanding any other provision of law, the Secretary
shall permit an employee of Customs and Border Protection or
Immigration and Customs Enforcement who carries out the
functions of Customs and Border Protection or Immigration and
Customs Enforcement in a geographic area that is not
accessible by road to carry out any function that was
performed by an employee of the Immigration and
Naturalization Service in such area prior to the date of the
enactment of the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.).

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.

[[Page S9984]]

SEC. 762. UNMANNED AERIAL VEHICLES.

(a) Unmanned Aerial Vehicles and Associated
Infrastructure.--The Secretary shall acquire and maintain MQ-
9 unmanned aerial vehicles for use on the border, including
related equipment such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out subsection (a)--
(A) $178,400,000 for fiscal year 2007; and
(B) $276,000,000 for fiscal year 2008.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.

SEC. 763. RELIEF FOR WIDOWS AND ORPHANS.

(a) In General.--
(1) In general.--In applying clause (iii) of section
201(b)(2)(A) of the Immigration and Nationality Act, as added
by section 504(a), to an alien whose citizen relative died
before the date of the enactment of this Act, the alien
relative may (notwithstanding the deadlines specified in such
clause) file the classification petition under section
204(a)(1)(A)(ii) of such Act not later than 2 years after the
date of the enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack
of classification as an immediate relative (as defined by
201(b)(2)(A)(ii) of the Immigration and Nationality Act) due
to the citizen's death--
(A) such alien shall be eligible for parole into the United
States pursuant to the Attorney General's discretionary
authority under section 212(d)(5) of such Act; and
(B) such alien's application for adjustment of status shall
be considered notwithstanding section 212(a)(9) of such Act.
(b) Adjustment of Status.--Section 245 (8 U.S.C. 1255), as
amended by section 408(h) of this Act, is further amended by
adding at the end the following:
``(o) Application for Adjustment of Status by Surviving
Spouses, Parents, and Children.--
``(1) In general.--Any alien described in paragraph (2) who
applies for adjustment of status before the death of the
qualifying relative, may have such application adjudicated as
if such death had not occurred.
``(2) Alien described.--An alien is described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in section
201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described in
subsection (a) or (d) of section 203);
``(C) is a derivative beneficiary of an employment-based
immigrant under section 203(b) (as described in section
203(d)); or
``(D) is a derivative beneficiary of a diversity immigrant
(as described in section 203(c)).''.
(c) Transition Period.--
(1) In general.--Notwithstanding a denial of an application
for adjustment of status for an alien whose qualifying
relative died before the date of the enactment of this Act,
such application may be renewed by the alien through a motion
to reopen, without fee, if such motion is filed not later
than 2 years after such date of enactment.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed or departed voluntarily before the date of
the enactment of this Act--
(A) such alien shall be eligible for parole into the United
States pursuant to the Attorney General's discretionary
authority under section 212(d)(5) of the Immigration and
Nationality Act; and
(B) such alien's application for adjustment of status shall
be considered notwithstanding section 212(a)(9) of such Act.
(d) Processing of Immigrant Visas.--Section 204(b) (8
U.S.C. 1154), as amended by section 204(b) of this Act, is
further amended--
(1) by striking ``After an investigation'' and inserting
the following:
``(1) In general.--After an investigation''; and
(2) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--Any alien described in paragraph (2)
whose qualifying relative died before the completion of
immigrant visa processing may have an immigrant visa
application adjudicated as if such death had not occurred. An
immigrant visa issued before the death of the qualifying
relative shall remain valid after such death.
``(B) Alien described.--An alien is described in this
paragraph is an alien who--
``(i) is an immediate relative (as described in section
201(b)(2)(A));
``(ii) is a family-sponsored immigrant (as described in
subsection (a) or (d) of section 203);
``(iii) is a derivative beneficiary of an employment-based
immigrant under section 203(b) (as described in section
203(d)); or
``(iv) is a derivative beneficiary of a diversity immigrant
(as described in section 203(c)).''.
(e) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is
amended by inserting ``(or, if the spouse is deceased, the
spouse was a citizen of the United States)'' after ``citizen
of the United States''.

SEC. 764. TERRORIST ACTIVITIES.

Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) is
amended--
(1) in subclause (III), by striking ``, under circumstances
indicating an intention to cause death or serious bodily
harm, incited'' and inserting ``incited or advocated''; and
(2) in subclause (VII), by striking ``or espouses terrorist
activity or persuades others to endorse or espouse'' and
inserting ``espouses, or advocates terrorist activity or
persuades others to endorse, espouse, or advocate''.

SEC. 765. FAMILY UNITY.

Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended by
section 212(a) of this Act, is further amended--
(1) in subparagraph (C)(ii), by striking ``between--'' and
all that follows and inserting the following: ``between--

``(I) the alien having been battered or subjected to
extreme cruelty; and
``(II) the alien's removal, departure from the United
States, reentry or reentries into the United States, or
attempted reentry into the United States.''; and

(2) by adding at the end the following:
``(D) Waiver.--
``(i) In general.--The Secretary may waive the application
of subparagraphs (B) and (C) for an alien who is a
beneficiary of a petition filed under section 201 or 203 if
such petition was filed not later than the date of the
enactment of the Comprehensive Immigration Reform Act of
2006.
``(ii) Fine.--An alien who is granted a waiver under clause
(i) shall pay a $2,000 fine.''.

SEC. 766. TRAVEL DOCUMENT PLAN.

Section 7209 (b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is
amended by striking ``January 1, 2008'' and inserting ``June
1, 2009''.

SEC. 767. ENGLISH AS NATIONAL LANGUAGE.

(a) In General.--Title 4, United States Code, is amended by
adding at the end the following:

``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec
``161. Declaration of national language
``162. Preserving and enhancing the role of the national language

``Sec. 161. Declaration of national language

``English is the national language of the United States.

``Sec. 162. Preserving and enhancing the role of the national
language

``The Government of the United States shall preserve and
enhance the role of English as the national language of the
United States of America. Unless otherwise authorized or
provided by law, no person has a right, entitlement, or claim
to have the Government of the United States or any of its
officials or representatives act, communicate, perform or
provide services, or provide materials in any language other
than English. If exceptions are made, that does not create a
legal entitlement to additional services in that language or
any language other than English. If any forms are issued by
the Federal Government in a language other than English (or
such forms are completed in a language other than English),
the English language version of the form is the sole
authority for all legal purposes.''.
(b) Conforming Amendment.--The table of chapters for title
4, United States Code, is amended by adding at the end the
following:

``6. Language of the Government..............................161''.....

SEC. 768. REQUIREMENTS FOR NATURALIZATION.

(a) Findings.--The Senate makes the following findings:
(1) Under United States law (8 U.S.C. 1423(a)), lawful
permanent residents of the United States who have immigrated
from foreign countries must, among other requirements,
demonstrate an understanding of the English language, United
States history and Government, to become citizens of the
United States.
(2) The Department of Homeland Security is currently
conducting a review of the testing process used to ensure
prospective United States citizens demonstrate said knowledge
of the English language and United States history and
Government for the purpose of redesigning said test.
(b) Definitions.--For purposes of this section only, the
following words are defined:
(1) Key documents.--The term ``key documents'' means the
documents that established or explained the foundational
principles of democracy in the United States, including the
United States Constitution and the amendments to the
Constitution (particularly the Bill of Rights), the
Declaration of Independence, the Federalist Papers, and the
Emancipation Proclamation.
(2) Key events.--The term ``key events'' means the critical
turning points in the history of the United States (including
the American Revolution, the Civil War, the world wars of the
twentieth century, the civil rights movement, and the major
court decisions and legislation) that contributed to
extending the promise of democracy in American life.
(3) Key ideas.--The term ``key ideas'' means the ideas that
shaped the democratic institutions and heritage of the United
States, including the notion of equal justice under the law,
freedom, individualism, human rights, and a belief in
progress.
(4) Key persons.--The term ``key persons'' means the men
and women who led the United States as founding fathers,
elected officials, scientists, inventors, pioneers, advocates
of equal rights, entrepreneurs, and artists.
(c) Goals for Citizenship Test Redesign.--The Department of
Homeland Security shall establish as goals of the testing

[[Page S9985]]

process designed to comply with provisions of (8 U.S.C.
1423(a)) that prospective citizens--
(1) demonstrate a sufficient understanding of the English
language for usage in everyday life;
(2) demonstrate an understanding of American common values
and traditions, including the principles of the Constitution
of the United States, the Pledge of Allegiance, respect for
the flag of the United States, the National Anthem, and
voting in public elections;
(3) demonstrate an understanding of the history of the
United States, including the key events, key persons, key
ideas, and key documents that shaped the institutions and
democratic heritage of the United States;
(4) demonstrate an attachment to the principles of the
Constitution of the United States and the well being and
happiness of the people of the United States; and
(5) demonstrate an understanding of the rights and
responsibilities of citizenship in the United States.
(d) Implementation.--The Secretary of Homeland Security
shall implement changes to the testing process designed to
ensure compliance with (8 U.S.C. 1423 (a)) not later than
January 1, 2008.

SEC. 769. DECLARATION OF ENGLISH.

English is the common and unifying language of the United
States that helps provide unity for the people of the United
States.

SEC. 770. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH
LANGUAGE.

The Government of the United States shall preserve and
enhance the role of English as the common and unifying
language of America. Nothing herein shall diminish or expand
any existing rights under the law of the United States
relative to services or materials provided by the Government
of the United States in any language other than English.
For the purposes of this section, law is defined as
including provisions of the United States Code and the United
States Constitution, controlling judicial decisions,
regulations, and controlling Presidential Executive Orders.
(a) Conforming Amendment.--The table of chapters for title
4, United States Code, is amended by adding at the end
Language of Government of the United States.

SEC. 771. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL
APPORTIONMENT TABULATIONS.

In addition to any report under this Act the Director of
the Bureau of the Census shall submit to Congress a report on
the impact of illegal immigration on the apportionment of
Representatives of Congress among the several States, and any
methods and procedures that the Director determines to be
feasible and appropriate, to ensure that individuals who are
found by an authorized Federal agency to be unlawfully
present in the United States are not counted in tabulating
population for purposes of apportionment of Representatives
in Congress among the several States.

SEC. 772. 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. 773. 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. 774. 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--
(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. 775. 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. 776. 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

[[Page S9986]]

``(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. 777. 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. 778. 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.

SEC. 779. NATIONAL SECURITY DETERMINATION.

Notwithstanding any other provision of this Act, the
President shall ensure that no provision of title IV or title
VI of this Act, or any amendment made by either such title,
is carried out until after the date on which the President
makes a determination that the implementation of such title
IV and title VI, and the amendments made by either such
title, will strengthen the national security of the United
States.

TITLE VIII--INTERCOUNTRY ADOPTION REFORM

SEC. 801. SHORT TITLE.

This title may be cited as the ``Intercountry Adoption
Reform Act of 2006'' or the ``ICARE Act''.

SEC. 802. FINDINGS; PURPOSES.

(a) Findings.--Congress finds the following:
(1) That a child, for the full and harmonious development
of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love, and
understanding.
(2) That intercountry adoption may offer the advantage of a
permanent family to a child for whom a suitable family cannot
be found in his or her country of origin.
(3) There has been a significant growth in intercountry
adoptions. In 1990, Americans adopted 7,093 children from
abroad. In 2004, they adopted 23,460 children from abroad.
(4) Americans increasingly seek to create or enlarge their
families through intercountry adoptions.
(5) There are many children worldwide that are without
permanent homes.
(6) In the interest of children without a permanent family
and the United States citizens who are waiting to bring them
into their families, reforms are needed in the intercountry
adoption process used by United States citizens.
(7) Before adoption, each child should have the benefit of
measures taken to ensure that intercountry adoption is in his
or her best interest and that prevents the abduction,
selling, or trafficking of children.
(8) In addition, Congress recognizes that foreign-born
adopted children do not make the decision whether to
immigrate to the United States. They are being chosen by
Americans to become part of their immediate families.
(9) As such these children should not be classified as
immigrants in the traditional sense. Once fully and finally
adopted, they should be treated as children of United States
citizens.
(10) Since a child who is fully and finally adopted is
entitled to the same rights, duties, and responsibilities as
a biological child, the law should reflect such equality.

[[Page S9987]]

(11) Therefore, foreign-born adopted children of United
States citizens should be accorded the same procedural
treatment as biological children born abroad to a United
States citizen.
(12) If a United States citizen can confer citizenship to a
biological child born abroad, then the same citizen is
entitled to confer such citizenship to their legally and
fully adopted foreign-born child immediately upon final
adoption.
(13) If a United States citizen cannot confer citizenship
to a biological child born abroad, then such citizen cannot
confer citizenship to their legally and fully adopted
foreign-born child, except through the naturalization
process.
(b) Purposes.--The purposes of this title are--
(1) to ensure the any adoption of a foreign-born child by
parents in the United States is carried out in the manner
that is in the best interest of the child;
(2) to ensure that foreign-born children adopted by United
States citizens will be treated identically to a biological
child born abroad to the same citizen parent; and
(3) to improve the intercountry adoption process to make it
more citizen friendly and focused on the protection of the
child.

SEC. 803. DEFINITIONS.

In this title:
(1) Adoptable child.--The term ``adoptable child'' has the
same meaning given such term in section 101(c)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as
added by section 824(a) of this Act.
(2) Ambassador at large.--The term ``Ambassador at Large''
means the Ambassador at Large for Intercountry Adoptions
appointed to head the Office pursuant to section 811(b).
(3) Competent authority.--The term ``competent authority''
means the entity or entities authorized by the law of the
child's country of residence to engage in permanent placement
of children who are no longer in the legal or physical
custody of their biological parents.
(4) Convention.--The term ``Convention'' means the
Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, done at The Hague on May
29, 1993.
(5) Full and final adoption.--The term ``full and final
adoption'' means an adoption--
(A) that is completed according to the laws of the child's
country of residence or the State law of the parent's
residence;
(B) under which a person is granted full and legal custody
of the adopted child;
(C) that has the force and effect of severing the child's
legal ties to the child's biological parents;
(D) under which the adoptive parents meet the requirements
of section 825; and
(E) under which the child has been adjudicated to be an
adoptable child in accordance with section 826.
(6) Office.--The term ``Office'' means the Office of
Intercountry Adoptions established under section 811(a).
(7) Readily approvable.--A petition or certification is
``readily approvable'' if the documentary support provided
along with such petition or certification demonstrates that
the petitioner satisfies the eligibility requirements and no
additional information or investigation is necessary.

Subtitle A--Administration of Intercountry Adoptions

SEC. 811. OFFICE OF INTERCOUNTRY ADOPTIONS.

(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, there shall be established within
the Department of State, an Office of Intercountry Adoptions
which shall be headed by the Ambassador at Large for
Intercountry Adoptions.
(b) Ambassador at Large.--
(1) Appointment.--The Ambassador at Large shall be
appointed by the President, by and with the advice and
consent of the Senate, from among individuals who have
background, experience, and training in intercountry
adoptions.
(2) Conflicts of interest.--The individual appointed to be
the Ambassador at Large shall be free from any conflict of
interest that could impede such individual's ability to serve
as the Ambassador.
(3) Authority.--The Ambassador at Large shall report
directly to the Secretary of State, in consultation with the
Assistant Secretary for Consular Affairs.
(4) Regulations.--The Ambassador at Large may not issue
rules or regulations unless such rules or regulations have
been approved by the Secretary of State.
(5) Duties of the ambassador at large.--The Ambassador at
Large shall have the following responsibilities:
(A) In general.--The primary responsibilities of the
Ambassador at Large shall be--
(i) to ensure that any adoption of a foreign-born child by
parents in the United States is carried out in the manner
that is in the best interest of the child; and
(ii) to assist the Secretary of State in fulfilling the
responsibilities designated to the central authority under
title I of the Intercountry Adoption Act of 2000 (42 U.S.C.
14911 et seq.).
(B) Advisory role.--The Ambassador at Large shall be a
principal advisor to the President and the Secretary of State
regarding matters affecting intercountry adoption and the
general welfare of children abroad and shall make
recommendations regarding--
(i) the policies of the United States with respect to the
establishment of a system of cooperation among the parties to
the Convention;
(ii) the policies to prevent abandonment, to strengthen
families, and to advance the placement of children in
permanent families; and
(iii) policies that promote the protection and well-being
of children.
(C) Diplomatic representation.--Subject to the direction of
the President and the Secretary of State, the Ambassador at
Large may represent the United States in matters and cases
relevant to international adoption in--
(i) fulfillment of the responsibilities designated to the
central authority under title I of the Intercountry Adoption
Act of 2000 (42 U.S.C. 14911 et seq.);
(ii) contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United Nations
and other international organizations of which the United
States is a member; and
(iii) multilateral conferences and meetings relevant to
international adoption.
(D) International policy development.--The Ambassador at
Large shall advise and support the Secretary of State and
other relevant Bureaus of the Department of State in the
development of sound policy regarding child protection and
intercountry adoption.
(E) Reporting responsibilities.--The Ambassador at Large
shall have the following reporting responsibilities:
(i) In general.--The Ambassador at Large shall assist the
Secretary of State and other relevant Bureaus in preparing
those portions of the Human Rights Reports that relate to the
abduction, sale, and trafficking of children.
(ii) Annual report on intercountry adoption.--Not later
than September 1 of each year, the Secretary of State shall
prepare and submit to Congress an annual report on
intercountry adoption. Each annual report shall include--

(I) a description of the status of child protection and
adoption in each foreign country, including--

(aa) trends toward improvement in the welfare and
protection of children and families;
(bb) trends in family reunification, domestic adoption, and
intercountry adoption;
(cc) movement toward ratification and implementation of the
Convention; and
(dd) census information on the number of children in
orphanages, foster homes, and other types of nonpermanent
residential care as reported by the foreign country;

(II) the number of intercountry adoptions by United States
citizens, including the country from which each child
emigrated, the State in which each child resides, and the
country in which the adoption was finalized;
(III) the number of intercountry adoptions involving
emigration from the United States, including the country
where each child now resides and the State from which each
child emigrated;
(IV) the number of placements for adoption in the United
States that were disrupted, including the country from which
the child emigrated, the age of the child, the date of the
placement for adoption, the reasons for the disruption, the
resolution of the disruption, the agencies that handled the
placement for adoption, and the plans for the child, and in
addition, any information regarding disruption or dissolution
of adoptions of children from other countries received
pursuant to section 422(b)(14) of the Social Security Act (42
U.S.C. 622(b)(14));
(V) the average time required for completion of an
adoption, set forth by the country from which the child
emigrated;
(VI) the current list of agencies accredited and persons
approved under the Intercountry Adoption Act of 2000 (42
U.S.C. 14901 et seq.) to provide adoption services;
(VII) the names of the agencies and persons temporarily or
permanently debarred under the Intercountry Adoption Act of
2000 (42 U.S.C. 14901 et seq.), and the reasons for the
debarment;
(VIII) the range of adoption fees involving adoptions by
United States citizens and the median of such fees set forth
by the country of origin;
(IX) the range of fees charged for accreditation of
agencies and the approval of persons in the United States
engaged in providing adoption services under the Convention;
and
(X) recommendations of ways the United States might act to
improve the welfare and protection of children and families
in each foreign country.

(c) Functions of Office.--The Office shall have the
following 7 functions:
(1) Approval of a family to adopt.--To approve or
disapprove the eligibility of a United States citizen to
adopt a child born in a foreign country.
(2) Child adjudication.--To investigate and adjudicate the
status of a child born in a foreign country to determine
whether that child is an adoptable child.
(3) Family services.--To provide assistance to United
States citizens engaged in the intercountry adoption process
in resolving problems with respect to that process and to
track intercountry adoption cases so as to ensure that all
such adoptions are processed in a timely manner.
(4) International policy development.--To advise and
support the Ambassador at

[[Page S9988]]

Large and other relevant Bureaus of the Department of State
in the development of sound policy regarding child protection
and intercountry adoption.
(5) Central authority.--To assist the Secretary of State in
carrying out duties of the central authority as defined in
section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C.
14902).
(6) Enforcement.--To investigate, either directly or in
cooperation with other appropriate international, Federal,
State, or local entities, improprieties relating to
intercountry adoption, including issues of child protection,
birth family protection, and consumer fraud.
(7) Administration.--To perform administrative functions
related to the functions performed under paragraphs (1)
through (6), including legal functions and congressional
liaison and public affairs functions.
(d) Organization.--
(1) In general.--All functions of the Office shall be
performed by officers employed in a central office located in
Washington, D.C. Within that office, there shall be 7
divisions corresponding to the 7 functions of the Office. The
director of each such division shall report directly to the
Ambassador at Large.
(2) Approval to adopt.--The division responsible for
approving parents to adopt shall be divided into regions of
the United States as follows:
(A) Northwest.
(B) Northeast.
(C) Southwest.
(D) Southeast.
(E) Midwest.
(F) West.
(3) Child adjudication.--To the extent practicable, the
division responsible for the adjudication of foreign-born
children as adoptable shall be divided by world regions which
correspond to the world regions used by other divisions
within the Department of State.
(4) Use of international field officers.--Nothing in this
section shall be construed to prohibit the use of
international field officers posted abroad, as necessary, to
fulfill the requirements of this Act.
(5) Coordination.--The Ambassador at Large shall coordinate
with appropriate employees of other agencies and departments
of the United States, whenever appropriate, in carrying out
the duties of the Ambassador.
(e) Qualifications and Training.--In addition to meeting
the employment requirements of the Department of State,
officers employed in any of the 7 divisions of the Office
shall undergo extensive and specialized training in the laws
and processes of intercountry adoption as well as
understanding the cultural, medical, emotional, and social
issues surrounding intercountry adoption and adoptive
families. The Ambassador at Large shall, whenever possible,
recruit and hire individuals with background and experience
in intercountry adoptions, taking care to ensure that such
individuals do not have any conflicts of interest that might
inhibit their ability to serve.
(f) Use of Electronic Databases and Filing.--To the extent
possible, the Office shall make use of centralized,
electronic databases and electronic form filing.

SEC. 812. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED
STATES.

Section 505(a)(1) of the Intercountry Adoption Act of 2000
(42 U.S.C. 14901 note) is amended by inserting ``301, 302,''
after ``205,''.

SEC. 813. TECHNICAL AND CONFORMING AMENDMENT.

Section 104 of the Intercountry Adoption Act of 2000 (42
U.S.C. 14914) is repealed.

SEC. 814. TRANSFER OF FUNCTIONS.

(a) In General.--Subject to subsection (c), all functions
under the immigration laws of the United States with respect
to the adoption of foreign-born children by United States
citizens and their admission to the United States that have
been vested by statute in, or exercised by, the Secretary of
Homeland Security immediately prior to the effective date of
this Act, are transferred to the Secretary of State on the
effective date of this Act and shall be carried out by the
Ambassador at Large, under the supervision of the Secretary
of State, in accordance with applicable laws and this Act.
(b) Exercise of Authorities.--Except as otherwise provided
by law, the Ambassador at Large may, for purposes of
performing any function transferred to the Ambassador at
Large under subsection (a), exercise all authorities under
any other provision of law that were available with respect
to the performance of that function to the official
responsible for the performance of the function immediately
before the effective date of the transfer of the function
pursuant to this subtitle.
(c) Limitation on Transfer of Pending Adoptions.--If an
individual has filed a petition with the Immigration and
Naturalization Service or the Department of Homeland Security
with respect to the adoption of a foreign-born child prior to
the date of enactment of this Act, the Secretary of Homeland
Security shall have the authority to make the final
determination on such petition and such petition shall not be
transferred to the Office.

SEC. 815. TRANSFER OF RESOURCES.

Subject to section 1531 of title 31, United States Code,
upon the effective date of this Act, there are transferred to
the Ambassador at Large for appropriate allocation in
accordance with this Act, the assets, liabilities, contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available to
the Department of Homeland Security in connection with the
functions transferred pursuant to this subtitle.

SEC. 816. INCIDENTAL TRANSFERS.

The Ambassador at Large may make such additional incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out this subtitle. The Ambassador at Large
shall provide for such further measures and dispositions as
may be necessary to effectuate the purposes of this subtitle.

SEC. 817. SAVINGS PROVISIONS.

(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
including collective bargaining agreements, certificates,
licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Ambassador at Large,
the former Commissioner of the Immigration and Naturalization
Service, or the Secretary of Homeland Security, or their
delegates, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function
that is transferred pursuant to this subtitle; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);

shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(b) Proceedings.--
(1) Pending.--The transfer of functions under section 814
shall not affect any proceeding or any application for any
benefit, service, license, permit, certificate, or financial
assistance pending on the effective date of this subtitle
before an office whose functions are transferred pursuant to
this subtitle, but such proceedings and applications shall be
continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(c) Suits.--This subtitle shall not affect suits commenced
before the effective date of this subtitle, and in all such
suits, proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if
this Act had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of State,
the Immigration and Naturalization Service, or the Department
of Homeland Security, or by or against any individual in the
official capacity of such individual as an officer or
employee in connection with a function transferred pursuant
to this section, shall abate by reason of the enactment of
this Act.
(e) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and pursuant to this subtitle such function is
transferred to any other officer or office, then such suit
shall be continued with the other officer or the head of such
other office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this subtitle, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred pursuant to any provision of this
subtitle shall apply to the exercise of such function by the
head of the office, and other officers of the office, to
which such function is transferred pursuant to such
provision.

Subtitle B--Reform of United States Laws Governing Intercountry
Adoptions

SEC. 821. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED
CHILDREN BORN OUTSIDE THE UNITED STATES.

(a) Automatic Citizenship Provisions.--
(1) Amendment of the ina.--Section 320 of the Immigration
and Nationality Act (8 U.S.C. 1431) is amended to read as
follows:

``SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN
BORN OUTSIDE THE UNITED STATES.

``(a) In General.--A child born outside of the United
States automatically becomes a citizen of the United States--
``(1) if the child is not an adopted child--

[[Page S9989]]

``(A) at least 1 parent of the child is a citizen of the
United States, whether by birth or naturalization, who has
been physically present (as determined under subsection (b))
in the United States or its outlying possessions for a period
or periods totaling not less than 5 years, at least 2 of
which were after attaining the age of 14 years; and
``(B) the child is under the age of 18 years; or
``(2) if the child is an adopted child, on the date of the
full and final adoption of the child--
``(A) at least 1 parent of the child is a citizen of the
United States, whether by birth or naturalization, who has
been physically present (as determined under subsection (b))
in the United States or its outlying possessions for a period
or periods totaling not less than 5 years, at least 2 of
which were after attaining the age of 14 years;
``(B) the child is an adoptable child;
``(C) the child is the beneficiary of a full and final
adoption decree entered by a foreign government or a court in
the United States; and
``(D) the child is under the age of 16 years.
``(b) Physical Presence.--For the purposes of subsection
(a)(2)(A), the requirement for physical presence in the
United States or its outlying possessions may be satisfied by
the following:
``(1) Any periods of honorable service in the Armed Forces
of the United States.
``(2) Any periods of employment with the United States
Government or with an international organization as that term
is defined in section 1 of the International Organizations
Immunities Act (22 U.S.C. 288) by such citizen parent.
``(3) Any periods during which such citizen parent is
physically present outside the United States or its outlying
possessions as the dependent unmarried son or daughter and a
member of the household of a person--
``(A) honorably serving with the Armed Forces of the United
States; or
``(B) employed by the United States Government or an
international organization as defined in section 1 of the
International Organizations Immunities Act (22 U.S.C. 288).
``(c) Full and Final Adoption.--In this section, the term
`full and final adoption' means an adoption--
``(1) that is completed under the laws of the child's
country of residence or the State law of the parent's
residence;
``(2) under which a person is granted full and legal
custody of the adopted child;
``(3) that has the force and effect of severing the child's
legal ties to the child's biological parents;
``(4) under which the adoptive parents meet the
requirements of section 825 of the Intercountry Adoption
Reform Act of 2006; and
``(5) under which the child has been adjudicated to be an
adoptable child in accordance with section 826 of the
Intercountry Adoption Reform Act of 2006.''.
(b) Conforming Amendment.--The table of contents in the
first section of the Immigration and Nationality Act (66
Stat. 163) is amended by striking the item relating to
section 320 and inserting the following:

``Sec. 320. Conditions for automatic citizenship for children born
outside the United States''.
(c) Effective Date.--This section shall take effect as if
enacted on June 27, 1952.

SEC. 822. REVISED PROCEDURES.

Notwithstanding any other provision of law, the following
requirements shall apply with respect to the adoption of
foreign born children by United States citizens:
(1) Upon completion of a full and final adoption, the
Secretary shall issue a United States passport and a Consular
Report of Birth for a child who satisfies the requirements of
section 320(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1431(a)(2)), as amended by section 821 of this Act,
upon application by a United States citizen parent.
(2) An adopted child described in paragraph (1) shall not
require the issuance of a visa for travel and admission to
the United States but shall be admitted to the United States
upon presentation of a valid, unexpired United States
passport.
(3) No affidavit of support under section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183a) shall be
required in the case of any adoptable child.
(4) The Secretary of State, acting through the Ambassador
at Large, shall require that agencies provide prospective
adoptive parents an opportunity to conduct an independent
medical exam and a copy of any medical records of the child
known to exist (to the greatest extent practicable, these
documents shall include an English translation) on a date
that is not later than the earlier of the date that is 2
weeks before the adoption, or the date on which prospective
adoptive parents travel to such a foreign country to complete
all procedures in such country relating to adoption.
(5) The Secretary of State, acting through the Ambassador
at Large, shall take necessary measures to ensure that all
prospective adoptive parents adopting internationally are
provided with training that includes counseling and guidance
for the purpose of promoting a successful intercountry
adoption before such parents travel to adopt the child or the
child is placed with such parents for adoption.
(6) The Secretary of State, acting through the Ambassador
at Large, shall take necessary measures to ensure that--
(A) prospective adoptive parents are given full disclosure
of all direct and indirect costs of intercountry adoption
before the parents are matched with a child for adoption;
(B) fees charged in relation to the intercountry adoption
be on a fee-for-service basis not on a contingent fee basis;
and
(C) that the transmission of fees between the adoption
agency, the country of origin, and the prospective adoptive
parents is carried out in a transparent and efficient manner.
(7) The Secretary of State, acting through the Ambassador
at Large, shall take all measures necessary to ensure that
all documents provided to a country of origin on behalf of a
prospective adoptive parent are truthful and accurate.

SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE
UNITED STATES TO BE ADOPTED BY A UNITED STATES
CITIZEN.

(a) Nonimmigrant Classification.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding
at the end the following:
``(W) an adoptable child who is coming into the United
States for adoption by a United States citizen and a spouse
jointly or by an unmarried United States citizen at least 25
years of age, who has been approved to adopt by the Office of
International Adoption of the Department of State.''.
(2) Technical and conforming amendments.--Such section
101(a)(15) is further amended--
(A) by striking ``or'' at the end of subparagraph (U); and
(B) by striking the period at the end of subparagraph (V)
and inserting ``; or''.
(b) Termination of Period of Authorized Admission.--Section
214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following:
``(s) In the case of a nonimmigrant described in section
101(a)(15)(W), the period of authorized admission shall
terminate on the earlier of--
``(1) the date on which the adoption of the nonimmigrant is
completed by the courts of the State where the parents
reside; or
``(2) the date that is 4 years after the date of admission
of the nonimmigrant into the United States, unless a
petitioner is able to show cause as to why the adoption could
not be completed prior to such date and the Secretary of
State extends such period for the period necessary to
complete the adoption.''.
(c) Temporary Treatment as Legal Permanent Resident.--
Notwithstanding any other law, all benefits and protections
that apply to a legal permanent resident shall apply to a
nonimmigrant described in section 101(a)(15)(W) of the
Immigration and Nationality Act, as added by subsection (a),
pending a full and final adoption.
(d) Exception From Immunization Requirement for Certain
Adopted Children.--Section 212(a)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(1)(C)) is amended--
(1) in the heading by striking ``10 years'' and inserting
``18 years''; and
(2) in clause (i), by striking ``10 years'' and inserting
``18 years''.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall prescribe
such regulations as may be necessary to carry out this
section.

SEC. 824. DEFINITION OF ADOPTABLE CHILD.

(a) In General.--Section 101(c) of the Immigration and
Nationality Act (8 U.S.C. 1101(c)) is amended by adding at
the end the following:
``(3) The term `adoptable child' means an unmarried person
under the age of 18--
``(A)(i) whose biological parents (or parent, in the case
of a child who has one sole or surviving parent) or other
persons or institutions that retain legal custody of the
child--
``(I) have freely given their written irrevocable consent
to the termination of their legal relationship with the
child, and to the child's emigration and adoption and that
such consent has not been induced by payment or compensation
of any kind and has not been given prior to the birth of the
child;
``(II) are unable to provide proper care for the child, as
determined by the competent authority of the child's
residence; or
``(III) have voluntarily relinquished the child to the
competent authorities pursuant to the law of the child's
residence; or
``(ii) who, as determined by the competent authority of the
child's residence--
``(I) has been abandoned or deserted by their biological
parent, parents, or legal guardians; or
``(II) has been orphaned due to the death or disappearance
of their biological parent, parents, or legal guardians;
``(B) with respect to whom the Secretary of State is
satisfied that the proper care will be furnished the child if
admitted to the United States;
``(C) with respect to whom the Secretary of State is
satisfied that the purpose of the adoption is to form a bona
fide parent-child relationship and that the parent-child
relationship of the child and the biological parents has been
terminated (and in carrying out both obligations under this
subparagraph the Secretary of State, in consultation with the
Secretary of Homeland Security, may consider whether there is
a petition pending to confer immigrant status on one or both
of the biological parents);
``(D) with respect to whom the Secretary of State, is
satisfied that there has been no inducement, financial or
otherwise, offered to

[[Page S9990]]

obtain the consent nor was it given before the birth of the
child;
``(E) with respect to whom the Secretary of State, in
consultation with the Secretary of Homeland Security, is
satisfied that the person is not a security risk; and
``(F) whose eligibility for adoption and emigration to the
United States has been certified by the competent authority
of the country of the child's place of birth or residence.''.
(b) Conforming Amendment.--Section 204(d) of the
Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended
by inserting ``and an adoptable child as defined in section
101(c)(3)'' before ``unless a valid home-study''.

SEC. 825. APPROVAL TO ADOPT.

(a) In General.--Prior to the issuance of a visa under
section 101(a)(15)(W) of the Immigration and Nationality Act,
as added by section 823(a) of this Act, or the issuance of a
full and final adoption decree, the United States citizen
adoptive parent shall have approved by the Office a petition
to adopt. Such petition shall be subject to the same terms
and conditions as are applicable to petitions for
classification under section 204.3 of title 8 of the Code of
Federal Regulations, as in effect on the day before the date
of enactment of this Act.
(b) Expiration of Approval.--Approval to adopt under this
Act is valid for 24 months from the date of approval. Nothing
in this section may prevent the Secretary of Homeland
Security from periodically updating the fingerprints of an
individual who has filed a petition for adoption.
(c) Expedited Reapproval Process of Families Previously
Approved To Adopt.--The Secretary of State shall prescribe
such regulations as may be necessary to provide for an
expedited and streamlined process for families who have been
previously approved to adopt and whose approval has expired,
so long as not more than 4 years have lapsed since the
original application.
(d) Denial of Petition.--
(1) Notice of intent.--If the officer adjudicating the
petition to adopt finds that it is not readily approvable,
the officer shall notify the petitioner, in writing, of the
officer's intent to deny the petition. Such notice shall
include the specific reasons why the petition is not readily
approvable.
(2) Petitioner's right to respond.--Upon receiving a notice
of intent to deny, the petitioner has 30 days to respond to
such notice.
(3) Decision.--Within 30 days of receipt of the
petitioner's response the Office must reach a final decision
regarding the eligibility of the petitioner to adopt. Notice
of a formal decision must be delivered in writing.
(4) Right to an appeal.--Unfavorable decisions may be
appealed to the Department of State and, after the exhaustion
of the appropriate appeals process of the Department, to a
United States district court.
(5) Regulations regarding appeals.--Not later than 6 months
after the date of enactment of this Act, the Secretary of
State shall promulgate formal regulations regarding the
process for appealing the denial of a petition.

SEC. 826. ADJUDICATION OF CHILD STATUS.

(a) In General.--Prior to the issuance of a full and final
adoption decree or a visa under section 101(a)(15)(W) of the
Immigration and Nationality Act, as added by section 823(a)
of this Act--
(1) the Ambassador at Large shall obtain from the competent
authority of the country of the child's residence a
certification, together with documentary support, that the
child sought to be adopted meets the definition of an
adoptable child; and
(2) not later than 15 days after the date of the receipt of
the certification referred to in paragraph (1), the Secretary
of State shall make a final determination on whether the
certification and the documentary support are sufficient to
meet the requirements of this section or whether additional
investigation or information is required.
(b) Process for Determination.--
(1) In general.--The Ambassador at Large shall work with
the competent authorities of the child's country of residence
to establish a uniform, transparent, and efficient process
for the exchange and approval of the certification and
documentary support required under subsection (a).
(2) Notice of intent.--If the Secretary of State determines
that a certification submitted by the competent authority of
the child's country of origin is not readily approvable, the
Ambassador at Large shall--
(A) notify the competent authority and the prospective
adoptive parents, in writing, of the specific reasons why the
certification is not sufficient; and
(B) provide the competent authority and the prospective
adoptive parents the opportunity to address the stated
insufficiencies.
(3) Petitioners right to respond.--Upon receiving a notice
of intent to find that a certification is not readily
approvable, the prospective adoptive parents shall have 30
days to respond to such notice.
(4) Decision.--Not later than 30 days after the date of
receipt of a response submitted under paragraph (3), the
Secretary of State shall reach a final decision regarding the
child's eligibility as an adoptable child. Notice of such
decision must be in writing.
(5) Right to an appeal.--Unfavorable decisions on a
certification may be appealed through the appropriate process
of the Department of State and, after the exhaustion of such
process, to a United States district court.

SEC. 827. FUNDS.

The Secretary of State shall provide the Ambassador at
Large with such funds as may be necessary for--
(1) the hiring of staff for the Office;
(2) investigations conducted by such staff; and
(3) travel and other expenses necessary to carry out this
title.

Subtitle C--Enforcement

SEC. 831. CIVIL PENALTIES AND ENFORCEMENT.

(a) Civil Penalties.--A person shall be subject, in
addition to any other penalty that may be prescribed by law,
to a civil money penalty of not more than $50,000 for a first
violation, and not more than $100,000 for each succeeding
violation if such person--
(1) violates a provision of this title or an amendment made
by this title;
(2) makes a false or fraudulent statement, or
misrepresentation, with respect to a material fact, or
offers, gives, solicits, or accepts inducement by way of
compensation, intended to influence or affect in the United
States or a foreign country--
(A) a decision for an approval under title II;
(B) the relinquishment of parental rights or the giving of
parental consent relating to the adoption of a child; or
(C) a decision or action of any entity performing a central
authority function; or
(3) engages another person as an agent, whether in the
United States or in a foreign country, who in the course of
that agency takes any of the actions described in paragraph
(1) or (2).
(b) Civil Enforcement.--
(1) Authority of attorney general.--The Attorney General
may bring a civil action to enforce subsection (a) against
any person in any United States district court.
(2) Factors to be considered in imposing penalties.--In
imposing penalties the court shall consider the gravity of
the violation, the degree of culpability of the defendant,
and any history of prior violations by the defendant.

SEC. 832. CRIMINAL PENALTIES.

Whoever knowingly and willfully commits a violation
described in paragraph (1) or (2) of section 831(a) shall be
subject to a fine of not more than $250,000, imprisonment for
not more than 5 years, or both.

______

SA 5029. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 6061, to establish operational control over the
international land and maritime borders of the United States; which was
ordered to lie on the table; as follows:

On page 7, after line 10, insert the following:

TITLE II--THE DREAM ACT OF 2006

SEC. 201. SHORT TITLE.

This title may be cited as the ``Development, Relief, and
Education for Alien Minors Act of 2006'' or the ``DREAM Act
of 2006''.

SEC. 202. DEFINITIONS.

In this title:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.

SEC. 203. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 204. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this title, the Secretary
of Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 205, an
alien who is inadmissible or deportable from the United
States, if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this Act, and
had not yet reached the age of 16 years at the time of
initial entry;
(B) the alien has been a person of good moral character
since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(B),
(6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if
inadmissible solely under subparagraph (C) or (F) of
paragraph (6) of such subsection, the alien was under the age
of 16 years at the time the violation was committed; and
(ii) is not deportable under paragraph (1)(E), (1)(G), (2),
(3)(B), (3)(C), (3)(D), (4), or

[[Page S9991]]

(6) of section 237(a) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)), or, if deportable solely under
subparagraphs (C) or (D) of paragraph (3) of such subsection,
the alien was under the age of 16 years at the time the
violation was committed;
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the United
States, or has earned a high school diploma or obtained a
general education development certificate in the United
States; and
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien has remained in the United States under
color of law or received the order before attaining the age
of 16 years.
(2) Waiver.--The Secretary of Homeland Security may waive
the grounds of ineligibility under section 212(a)(6) of the
Immigration and Nationality Act and the grounds of
deportability under paragraphs (1), (3), and (6) of section
237(a) of that Act for humanitarian purposes or family unity
or when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available
under this subsection without being placed in removal
proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. The exceptional circumstances
determined sufficient to justify an extension should be no
less compelling than serious illness of the alien, or death
or serious illness of a parent, grandparent, sibling, or
child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section. Such regulations shall be effective immediately on
an interim basis, but are subject to change and revision
after public notice and opportunity for a period for public
comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary of Homeland Security shall
publish final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security
may not remove any alien who has a pending application for
conditional status under this title.

SEC. 205. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section
206, an alien whose status has been adjusted under section
204 to that of an alien lawfully admitted for permanent
residence shall be considered to have obtained such status on
a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien regarding the
provisions of this section and the requirements of subsection
(c) to have the conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph--
(i) shall not affect the enforcement of the provisions of
this title with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this title, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 204(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this title.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such
conditional basis and which provides, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through
(E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary of Homeland Security in
accordance with this title. The alien shall be deemed in
conditional permanent resident status in the United States
during the period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of
the following requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 204(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of all of the secondary
educational institutions that the alien attended in the
United States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security may, in
the Secretary's discretion, remove the conditional status of
an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
of Homeland Security may extend the period of the conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must

[[Page S9992]]

be removed before the alien may apply for naturalization.

SEC. 206. RETROACTIVE BENEFITS UNDER THIS TITLE.

If, on the date of enactment of this Act, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 204(a)(1) and section 205(d)(1)(D), the
Secretary of Homeland Security may adjust the status of the
alien to that of a conditional resident in accordance with
section 204. The alien may petition for removal of such
condition at the end of the conditional residence period in
accordance with section 205(c) if the alien has met the
requirements of subparagraphs (A), (B), and (C) of section
205(d)(1) during the entire period of conditional residence.

SEC. 207. EXCLUSIVE JURISDICTION.

(a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for
relief under this title, except where the alien has been
placed into deportation, exclusion, or removal proceedings
either prior to or after filing an application for relief
under this title, in which case the Attorney General shall
have exclusive jurisdiction and shall assume all the powers
and duties of the Secretary until proceedings are terminated,
or if a final order of deportation, exclusion, or removal is
entered the Secretary shall resume all powers and duties
delegated to the Secretary under this title.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 204(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States, consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.), and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).

SEC. 208. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this title
and willfully and knowingly falsifies, misrepresents, or
conceals a material fact or makes any false or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any false or
fraudulent statement or entry, shall be fined in accordance
with title 18, United States Code, or imprisoned not more
than 5 years, or both.

SEC. 209. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition.--No officer or employee of the United
States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this title to initiate removal
proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this title can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this title with a designated entity, that
designated entity, to examine applications filed under this
title.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under this section, and any other information
derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.

SEC. 210. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

Regulations promulgated under this title shall provide that
applications under this title will be considered on an
expedited basis and without a requirement for the payment by
the applicant of any additional fee for such expedited
processing.

SEC. 211. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this title shall be
eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 212. GAO REPORT.

Seven years after the date of enactment of this title, the
Comptroller General of the United States shall submit a
report to the Committees on the Judiciary of the Senate and
the House of Representatives setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 204(a);
(2) the number of aliens who applied for adjustment of
status under section 204(a);
(3) the number of aliens who were granted adjustment of
status under section 204(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 205.
______

SA 5030. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill H.R. 6061, to establish operational control over the
international land and maritime borders of the United States; which was
ordered to lie on the table, as follows:

On page 5, strike line 9 and all that follows through page
6, line 2.
______

SA 5031. Mr. FRIST proposed an amendment to the bill H.R. 6061, to
establish operational control over the international land and maritime
borders of the United States; as follows:

At the end of the bill, add the following:
This Act shall become effective 2 days after the date of
enactment.
______

SA 5032. Mr. FRIST proposed an amendment to amendment SA 5031
proposed by Mr. Frist to the bill H.R. 6061, to establish operational
control over the international land and maritime borders of the United
States; as follows:

On page 1, line 1 of the amendment, strike ``2 days'' and
insert ``1 day''.
______

SA 5035. Mr. FRIST (for Mr. Lugar (for himself, Mr. Brownback, Mr.
Martinez, Mr. Hagel, Mr. Cornyn, Mrs. Hutchison, Mr. DeWine, Mr.
Coleman, Mr. Chafee, Mr. Alexander, Mr. Sununu, and Mr. Specter))
proposed an amendment to the bill H.R. 3127, to impose sanctions
against individuals responsible for genocide, war crimes, and crimes
against humanity, to support measures for the protection of civilians
and humanitarian operations, and to support peace efforts in the Darfur
region of Sudan, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Darfur
Peace and Accountability Act of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in
Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.

SEC. 2. DEFINITIONS.

In this Act:
(1) AMIS.--The term ``AMIS'' means the African Union
Mission in Sudan.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(3) Comprehensive peace agreement for sudan.--The term
``Comprehensive Peace Agreement for Sudan'' means the peace
agreement signed by the Government of Sudan and the SPLM/A in
Nairobi, Kenya, on January 9, 2005.
(4) Darfur peace agreement.--The term ``Darfur Peace
Agreement'' means the peace agreement signed by the
Government of Sudan and by Minni Minnawi, leader of the Sudan
Liberation Movement/Army Faction, in Abuja, Nigeria, on May
5, 2006.
(5) Government of sudan.--The term ``Government of
Sudan''--
(A) means--
(i) the government in Khartoum, Sudan, which is led by the
National Congress Party (formerly known as the National
Islamic Front); or
(ii) any successor government formed on or after the date
of the enactment of this Act (including the coalition
National Unity Government agreed upon in the Comprehensive
Peace Agreement for Sudan); and
(B) does not include the regional government of Southern
Sudan.
(6) Officials of the government of sudan.--The term
``official of the Government of Sudan'' does not include any
individual--

[[Page S9993]]

(A) who was not a member of such government before July 1,
2005; or
(B) who is a member of the regional government of Southern
Sudan.
(7) SPLM/A.--The term ``SPLM/A'' means the Sudan People's
Liberation Movement/Army.

SEC. 3. FINDINGS.

Congress makes the following findings:
(1) On July 23, 2004, Congress declared, ``the atrocities
unfolding in Darfur, Sudan, are genocide''.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations of
the Senate, ``genocide has occurred and may still be
occurring in Darfur'', and ``the Government of Sudan and the
Janjaweed bear responsibility''.
(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed
the Secretary of State's finding and stated,``[a]t this hour,
the world is witnessing terrible suffering and horrible
crimes in the Darfur region of Sudan, crimes my government
has concluded are genocide''.
(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556 (2004), calling upon
the Government of Sudan to disarm the Janjaweed militias and
to apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of
human rights and international humanitarian law, and
establishing a ban on the sale or supply of arms and related
materiel of all types, including the provision of related
technical training or assistance, to all nongovernmental
entities and individuals, including the Janjaweed.
(5) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564 (2004),
determining that the Government of Sudan had failed to meet
its obligations under Security Council Resolution 1556
(2004), calling for a military flight ban in and over the
Darfur region, demanding the names of Janjaweed militiamen
disarmed and arrested for verification, establishing an
International Commission of Inquiry on Darfur to investigate
violations of international humanitarian and human rights
laws, and threatening sanctions should the Government of
Sudan fail to fully comply with Security Council Resolutions
1556 (2004) and 1564 (2004), including such actions as to
affect Sudan's petroleum sector or individual members of the
Government of Sudan.
(6) The Report of the International Commission of Inquiry
on Darfur, submitted to the United Nations Secretary-General
on January 25, 2005, established that the ``Government of the
Sudan and the Janjaweed are responsible for serious
violations of international human rights and humanitarian law
amounting to crimes under international law,'' that ``these
acts were conducted on a widespread and systematic basis, and
therefore may amount to crimes against humanity,'' and that
officials of the Government of Sudan and other individuals
may have acted with ``genocidal intent''.
(7) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590 (2005), establishing
the United Nations Mission in Sudan (referred to in this
section as the ``UNMIS''), consisting of up to 10,000
military personnel and 715 civilian police tasked with
supporting the implementation of the Comprehensive Peace
Agreement for Sudan and to ``closely and continuously liaise
and coordinate at all levels with the African Union Mission
in Sudan (AMIS)'', which had been established by the African
Union on May 24, 2004, to monitor the implementation of the
N'Djamena Humanitarian Ceasefire Agreement, signed on April
8, 2004, ``with a view towards expeditiously reinforcing the
effort to foster peace in Darfur''.
(8) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591 (2005), extending the
military embargo established by Security Council Resolution
1556 (2004) to all the parties to the N'Djamena Ceasefire
Agreement of April 8, 2004, and any other belligerents in the
states of North Darfur, South Darfur, and West Darfur,
calling for an asset freeze and travel ban against those
individuals who impede the peace process, constitute a threat
to stability in Darfur and the region, commit violations of
international humanitarian or human rights law or other
atrocities, are responsible for offensive military
overflights, or violate the military embargo, and
establishing a Committee of the Security Council and a panel
of experts to assist in monitoring compliance with Security
Council Resolutions 1556 (2004) and 1591 (2005).
(9) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593 (2005), referring the
situation in Darfur since July 1, 2002, to the prosecutor of
the International Criminal Court and calling on the
Government of Sudan and all parties to the conflict to
cooperate fully with the Court.
(10) On July 30, 2005, Dr. John Garang de Mabior, the newly
appointed Vice President of Sudan and the leader of the SPLM/
A for the past 21 years, was killed in a tragic helicopter
crash in Southern Sudan, sparking riots in Khartoum and
challenging the commitment of all Sudanese to the
Comprehensive Peace Agreement for Sudan.
(11) On January 12, 2006, the African Union Peace and
Security Council issued a communique endorsing, in principle,
a transition from AMIS to a United Nations peacekeeping
operation and requested the Chairperson of the Council to
initiate consultations with the United Nations and other
stakeholders toward this end.
(12) On February 3, 2006, the United Nations Security
Council issued a Presidential Statement authorizing the
initiation of contingency planning for a transition from AMIS
to a United Nations peacekeeping operation.
(13) On March 10, 2006, the African Union Peace and
Security Council extended the mandate of AMIS, which had
reached a force size of 7,000, to September 30, 2006, while
simultaneously endorsing the transition of AMIS to a United
Nations peacekeeping operation and setting April 30, 2006 as
the deadline for reaching an agreement to resolve the crisis
in Darfur.
(14) On March 24, 2006, the United Nations Security Council
passed Security Council Resolution 1663 (2006), which--
(A) welcomes the African Peace and Security Council's March
10, 2006 communique; and
(B) requests that the United Nations Secretary-General,
jointly with the African Union and in consultation with the
parties to the Abuja Peace Talks, expedite planning for the
transition of AMIS to a United Nations peacekeeping
operation.
(15) On March 29, 2006, during a speech at Freedom House,
President Bush called for a transition to a United Nations
peacekeeping operation and ``additional forces with a NATO
overlay . . . to provide logistical and command-and-control
and airlift capacity, but also to send a clear signal to
parties involved that the west is determined to help effect a
settlement.''.
(16) On April 25, 2006, the United Nations Security Council
passed Security Council Resolution 1672 (2006), unanimously
imposing targeted financial sanctions and travel restrictions
on 4 individuals who had been identified as those who, among
other acts, ``impede the peace process, constitute a threat
to stability in Darfur and the region, commit violations of
international humanitarian or human rights law or other
atrocities'', including the Commander of the Western Military
Region for the armed forces of Sudan, the Paramount Chief of
the Jalul Tribe in North Darfur, the Commander of the Sudan
Liberation Army, and the Field Commander of the National
Movement for Reform and Development.
(17) On May 5, 2006, under the auspices of African Union
mediation and the direct engagement of the international
community, including the United States, the Government of
Sudan and the largest rebel faction in Darfur, the Sudan
Liberation Movement, led by Minni Minnawi, signed the Darfur
Peace Agreement, which addresses security, power sharing, and
wealth sharing issues between the parties.
(18) In August 2006, the Sudanese government began to amass
military forces and equipment in the Darfur region in
contravention of the Darfur Peace Agreement to which they are
signatories in what appears to be preliminary to full scale
war.
(19) On August 30, 2006, the United Nations Security
Council passed Security Council Resolution 1706 (2006),
without dissent and with abstentions by China, Russian
Federation, and Qatar, thereby asserting that the existing
United Nations Mission in Sudan ``shall take over from AMIS
responsibility for supporting the implementation of the
Darfur Peace Agreement upon the expiration of AMIS' mandate
but in any event no later than 31 December 2006'', and that
UNMIS ``shall be strengthened by up to 17,300 military
personnel . . . 3,300 civilian police personnel and up to 16
Formed Police Units'', which ``shall begin to be deployed [to
Darfur] no later than 1 October 2006''.
(20) Between August 30 and September 3, 2006, President
Bashir and other senior members of his administration have
publicly rejected United Nations Security Council Resolution
1706 (2006), calling it illegal and a western invasion of his
country, despite the current presence of 10,000 United
Nations peacekeepers under the UNMIS peacekeeping force.
(21) Since 1993, the Secretary of State has determined,
pursuant to section 6(j) of the Export Administration Act of
1979 (50 App. U.S.C. 2405(j)), that Sudan is a country, the
government of which has repeatedly provided support for acts
of international terrorism, thereby restricting United States
assistance, defense exports and sales, and financial and
other transactions with the Government of Sudan.

SEC. 4. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the genocide unfolding in the Darfur region of Sudan is
characterized by acts of terrorism and atrocities directed
against civilians, including mass murder, rape, and sexual
violence committed by the Janjaweed and associated militias
with the complicity and support of the National Congress
Party-led faction of the Government of Sudan;
(2) all parties to the conflict in the Darfur region have
continued to violate the N'Djamena Ceasefire Agreement of
April 8, 2004, and the Abuja Protocols of November 9, 2004,
and violence against civilians, humanitarian aid workers, and
personnel of AMIS is increasing;
(3) the African Union should immediately make all necessary
preparations for an orderly transition to a United Nations
peacekeeping operation, which will maintain an appropriate
level of African participation,

[[Page S9994]]

with a mandate to protect civilians and humanitarian
operations, assist in the implementation of the Darfur Peace
Agreement, and deter violence in the Darfur region;
(4) the international community, including the United
States and the European Union, should immediately act to
mobilize sufficient political, military, and financial
resources through the United Nations and the North Atlantic
Treaty Organization, to support the transition of AMIS to a
United Nations peacekeeping operation with the size,
strength, and capacity necessary to protect civilians and
humanitarian operations, to assist with the implementation of
the Darfur Peace Agreement, and to end the continued violence
in the Darfur region;
(5) if an expanded and reinforced AMIS or subsequent United
Nations peacekeeping operation fails to stop genocide in the
Darfur region, the international community should take
additional measures to prevent and suppress acts of genocide
in the Darfur region;
(6) acting under article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan's rights and privileges
of membership by the General Assembly until such time as the
Government of Sudan has honored pledges to cease attacks upon
civilians, demobilize and demilitarize the Janjaweed and
associated militias, and grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region;
(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the
responsibilities of the Committee of the United Nations
Security Council and the panel of experts established
pursuant to section 3(a) of Security Council Resolution 1591
(2005);
(8) the President should direct the United States Permanent
Representative to the United Nations to use the voice, vote,
and influence of the United States to urge the adoption of a
resolution by the United Nations Security Council that--
(A) extends the military embargo established by United
Nations Security Resolutions 1556 (2004) and 1591 (2005) to
include a total ban on the sale or supply of offensive
military equipment to the Government of Sudan, except for use
in an internationally recognized demobilization program or
for nonlethal assistance necessary to carry out elements of
the Comprehensive Peace Agreement for Sudan or the Darfur
Peace Agreement; and
(B) calls upon those member states of the United Nations
that continue to undermine efforts to foster peace in Sudan
by providing military assistance to the Government of Sudan,
government supported militias, or any rebel group operating
in Darfur in violation of the embargo on such assistance and
equipment, as called for in United Nations Security Council
Resolutions 1556 (2004) and 1591 (2005), to immediately cease
and desist.
(9) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for Sudan
and the Darfur Peace Agreement, the support of the regional
Government of Southern Sudan, the Transitional Darfur
Regional Authority, and marginalized areas in Northern Sudan
(including the Nuba Mountains, Southern Blue Nile, Abyei,
Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian
purposes in Sudan, until the Government of Sudan has honored
pledges to cease attacks upon civilians, demobilize and
demilitarize the Janjaweed and associated militias, grant
free and unfettered access for deliveries of humanitarian
assistance in the Darfur region, and allow for the safe and
voluntary return of refugees and internally displaced
persons;
(10) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a
student loan forgiveness program for those individuals who
commit to return to Southern Sudan for a period of not less
than 5 years for the purpose of contributing professional
skills needed for the reconstruction of Southern Sudan;
(11) the Presidential Special Envoy for Sudan should be
provided with appropriate resources and a clear mandate to--
(A) provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement;
(B) seek ways to bring stability and peace to the Darfur
region;
(C) address instability elsewhere in Sudan, Chad, and
northern Uganda; and
(D) pursue a truly comprehensive peace throughout the
region;
(12) the international community should strongly condemn
attacks against humanitarian workers and African Union
personnel, and the forcible recruitment of refugees and
internally displaced persons from camps in Chad and Sudan,
and demand that all armed groups in the region, including the
forces of the Government of Sudan, the Janjaweed, associated
militias, the Sudan Liberation Movement/Army, the Justice and
Equality Movement, the National Movement for Reform and
Development (NMRD), and all other armed groups refrain from
such activities;
(13) the United States should fully support the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement and urge rapid implementation of their terms;
(14) the May 5, 2006 signing of the Darfur Peace Agreement
between the Government of Sudan and the Sudan Liberation
Movement was a positive development in a situation that has
seen little political progress in 2 years and should be
seized upon by all sides to begin the arduous process of
post-conflict reconstruction, restitution, justice, and
reconciliation; and
(15) the new leadership of the Sudan People's Liberation
Movement (referred to in this paragraph as ``SPLM'') should--
(A) seek to transform SPLM into an inclusive, transparent,
and democratic body;
(B) reaffirm the commitment of SPLM to--
(i) bring peace to Southern Sudan, the Darfur region, and
Eastern Sudan; and
(ii) eliminate safe haven for regional rebel movements,
such as the Lord's Resistance Army; and
(C) remain united in the face of efforts to undermine SPLM.

SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

(a) Blocking of Assets and Restriction on Visas.--Section 6
of the Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497; 50 U.S.C. 1701 note) is amended--
(1) in the heading of subsection (b), by inserting ``of
Appropriate Senior Officials of the Government of Sudan''
after ``Assets'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Blocking of Assets and Restriction on Visas of
Certain Individuals Identified by the President.--
``(1) Blocking of assets.--Beginning on the date that is 30
days after the date of the enactment of the Darfur Peace and
Accountability Act of 2006, and in the interest of
contributing to peace in Sudan, the President shall,
consistent with the authorities granted under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block the assets of any individual who the
President determines is complicit in, or responsible for,
acts of genocide, war crimes, or crimes against humanity in
Darfur, including the family members or any associates of
such individual to whom assets or property of such individual
was transferred on or after July 1, 2002.
``(2) Restriction on visas.--Beginning on the date that is
30 days after the date of the enactment of the Darfur Peace
and Accountability Act of 2006, and in the interest of
contributing to peace in Sudan, the President shall deny a
visa and entry to any individual who the President determines
to be complicit in, or responsible for, acts of genocide, war
crimes, or crimes against humanity in Darfur, including the
family members or any associates of such individual to whom
assets or property of such individual was transferred on or
after July 1, 2002.''.
(b) Waiver.--Section 6(d) of the Comprehensive Peace in
Sudan Act of 2004, as redesignated by subsection (a), is
amended by adding at the end the following: ``The President
may waive the application of paragraph (1) or (2) of
subsection (c) with respect to any individual if the
President determines that such a waiver is in the national
interests of the United States and, before exercising the
waiver, notifies the appropriate congressional committees of
the name of the individual and the reasons for the waiver.''.
(c) Sanctions Against Janjaweed Commanders and Coordinators
or Other Individuals.--It is the sense of Congress, that the
President should immediately impose the sanctions described
in section 6(c) of the Comprehensive Peace in Sudan Act of
2004, as added by subsection (a), against any individual,
including the Janjaweed commanders and coordinators,
identified as those who, among other acts, ``impede the peace
process, constitute a threat to stability in Darfur and the
region, commit violations of international humanitarian or
human rights law or other atrocities''.

SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE
IN DARFUR.

(a) Presidential Assistance To Support AMIS.--Subject to
subsection (b) and notwithstanding any other provision of
law, the President is authorized to provide AMIS with--
(1) assistance for any expansion of the mandate, size,
strength, and capacity to protect civilians and humanitarian
operations in order to help stabilize the Darfur region of
Sudan and dissuade and deter air attacks directed against
civilians and humanitarian workers; and
(2) assistance in the areas of logistics, transport,
communications, material support, technical assistance,
training, command and control, aerial surveillance, and
intelligence.
(b) Conditions.--
(1) In general.--Assistance provided under subsection (a)--
(A) shall be used only in the Darfur region; and
(B) shall not be provided until AMIS has agreed not to
transfer title to, or possession of, any such assistance to
anyone not an officer, employee or agent of AMIS (or
subsequent United Nations peacekeeping operation), and not to
use or to permit the use of such assistance for any purposes
other than those for which such assistance was furnished,
unless the consent of the President has first been obtained,
and written assurances reflecting all of the forgoing have
been obtained from AMIS by the President.
(2) Consent.--If the President consents to the transfer of
such assistance to anyone not an officer, employee, or agent
of AMIS (or subsequent United Nations peacekeeping
operation), or agrees to permit the use of such

[[Page S9995]]

assistance for any purposes other than those for which such
assistance was furnished, the President shall immediately
notify the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives in accordance with the procedures applicable
to reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
(c) NATO Assistance To Support AMIS.--It is the sense of
Congress that the President should continue to instruct the
United States Permanent Representative to the North Atlantic
Treaty Organization (referred to in this section as ``NATO'')
to use the voice, vote, and influence of the United States at
NATO to--
(1) advocate NATO reinforcement of the AMIS and its orderly
transition to a United Nations peacekeeping operation, as
appropriate;
(2) provide assets to help dissuade and deter air strikes
directed against civilians and humanitarian workers in the
Darfur region of Sudan; and
(3) provide other logistical, transportation,
communications, training, technical assistance, command and
control, aerial surveillance, and intelligence support.
(d) Rule of Construction.--Nothing in this Act, or any
amendment made by this Act, shall be construed as a provision
described in section 5(b)(1) or 8(a)(1) of the War Powers
Resolution (Public Law 93-148; 50 U.S.C. 1544(b),
1546(a)(1)).
(e) Denial of Entry at United States Ports to Certain Cargo
Ships or Oil Tankers.--
(1) In general.--The President should take all necessary
and appropriate steps to deny the Government of Sudan access
to oil revenues, including by prohibiting entry at United
States ports to cargo ships or oil tankers engaged in
business or trade activities in the oil sector of Sudan or
involved in the shipment of goods for use by the armed forces
of Sudan until such time as the Government of Sudan has
honored its commitments to cease attacks on civilians,
demobilize and demilitarize the Janjaweed and associated
militias, grant free and unfettered access for deliveries of
humanitarian assistance, and allow for the safe and voluntary
return of refugees and internally displaced persons.
(2) Exception.--Paragraph (1) shall not apply with respect
to cargo ships or oil tankers involved in--
(A) an internationally-recognized demobilization program;
(B) the shipment of non-lethal assistance necessary to
carry out elements of the Comprehensive Peace Agreement for
Sudan or the Darfur Peace Agreement; or
(C) the shipment of military assistance necessary to carry
out elements of an agreement referred to in subparagraph (B)
if the President has made the determination set forth in
section 8(c)(2).
(f) Prohibition on Assistance to Countries in Violation of
United Nations Security Council Resolutions 1556 and 1591.--
(1) Prohibition.--Amounts made available to carry out the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may
not be used to provide assistance (other than humanitarian
assistance) to the government of a country that is in
violation of the embargo on military assistance with respect
to Sudan imposed pursuant to United Nations Security Council
Resolutions 1556 (2004) and 1591 (2005).
(2) Waiver.--The President may waive the application of
paragraph (1) if the President determines, and certifies to
the appropriate congressional committees, that such waiver is
in the national interests of the United States.

SEC. 7. CONTINUATION OF RESTRICTIONS.

(a) In General.--Restrictions against the Government of
Sudan that were imposed pursuant to Executive Order 13067 of
November 3, 1997 (62 Federal Register 59989), title III and
sections 508, 512, 527, and 569 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2006 (Public Law 109-102), or any other similar provision of
law, shall remain in effect, and shall not be lifted pursuant
to such provisions of law, until the President certifies to
the appropriate congressional committees that the Government
of Sudan is acting in good faith to--
(1) implement the Darfur Peace Agreement;
(2) disarm, demobilize, and demilitarize the Janjaweed and
all militias allied with the Government of Sudan;
(3) adhere to all associated United Nations Security
Council Resolutions, including Security Council Resolutions
1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663
(2006), 1665 (2006), and 1706 (2006);
(4) negotiate a peaceful resolution to the crisis in
eastern Sudan;
(5) fully cooperate with efforts to disarm, demobilize, and
deny safe haven to members of the Lord's Resistance Army in
Sudan; and
(6) fully implement the Comprehensive Peace Agreement for
Sudan without manipulation or delay, by--
(A) implementing the recommendations of the Abyei
Boundaries Commission Report;
(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of such
commissions consistent with the terms of the Comprehensive
Peace Agreement for Sudan;
(C) adhering to the terms of the Wealth Sharing Agreement;
and
(D) withdrawing government forces from Southern Sudan
consistent with the terms of the Comprehensive Peace
Agreement for Sudan.
(b) Waiver.--The President may waive the application of
subsection (a) if the President determines, and certifies to
the appropriate congressional committees, that such waiver is
in the national interests of the United States.

SEC. 8. ASSISTANCE EFFORTS IN SUDAN.

(a) Assistance for International Malaria Control Act.--
Section 501 of the Assistance for International Malaria
Control Act (Public Law 106-570; 50 U.S.C. 1701 note) is
repealed.
(b) Comprehensive Peace in Sudan Act.--Section 7 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497;
50 U.S.C. 1701 note) is repealed.
(c) Economic Assistance.--
(1) In general.--Notwithstanding any other provision of
law, the President is authorized to provide economic
assistance for Southern Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, and
marginalized areas in and around Khartoum, in an effort to
provide emergency relief, to promote economic self-
sufficiency, to build civil authority, to provide education,
to enhance rule of law and the development of judicial and
legal frameworks, to support people to people reconciliation
efforts, and to implement any nonmilitary program in support
of any viable peace agreement in Sudan, including the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement.
(2) Congressional notification.--Assistance may not be
obligated under this subsection until 15 days after the date
on which the Secretary of State notifies the congressional
committees specified in section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1) of such obligation
in accordance with the procedures applicable to reprogramming
notifications under such section.
(d) Authorized Military Assistance.--
(1) In general.--If the President has not made a
certification under section 12(a)(3) of the Sudan Peace Act
(50 U.S.C. 1701 note) regarding the noncompliance of the
SPLM/A or the Government of Southern Sudan with the
Comprehensive Peace Agreement for Sudan, the President,
notwithstanding any other provision of law, may authorize,
for each of fiscal years 2006, 2007, and 2008, the provision
of the following assistance to the Government of Southern
Sudan for the purpose of constituting a professional military
force--
(A) non-lethal military equipment and related defense
services, including training, controlled under the
International Traffic in Arms Regulations (22 C.F.R. 120.1 et
seq.) if the President--
(i) determines that the provision of such items is in the
national security interest of the United States; and
(ii) not later than 15 days before the provision of any
such items, notifies the Committee on Foreign Relations of
the Senate and the Committee on International Relations of
the House of Representatives of such determination; and
(B) small arms and ammunition under categories I and III of
the United States Munitions List (22 C.F.R. 121.1 et seq.) if
the President--
(i) determines that the provision of such equipment is
essential to the national security interests of the United
States; and
(ii) consistent with the procedures set forth in section
614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2364(a)(3)), notifies the Committee on Foreign Relations of
the Senate and the Committee on International Relations of
the House of Representatives of such determination.
(2) End use assurances.--For each item exported pursuant to
this subsection or subsection (c), the President shall
include with the notification to Congress under subparagraphs
(A)(ii) and (B)(ii) of paragraph (1)--
(A) an identification of the end users to which the
provision of assistance is being made;
(B) the dollar value of the items being provided;
(C) a description of the items being provided; and
(D) a description of the end use verification procedures
that will be applied to such items, including--
(i) any special assurances obtained from the Government of
Southern Sudan or other authorized end users regarding such
equipment; and
(ii) the end use or retransfer controls that will be
applied to any items provided under this subsection.
(3) Waiver authority.--Section 40 of the Arms Export
Control Act (22 U.S.C. 2780) shall not apply to assistance
provided under paragraph (1).
(e) Exception to Prohibitions in Executive Order Number
13067.--Notwithstanding any other provision of law, the
prohibitions set forth with respect to Sudan in Executive
Order No. 13067 (62 Fed. Reg. 59989) shall not apply to
activities or related transactions with respect to Southern
Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
State, Abyei, Darfur, or marginalized areas in and around
Khartoum.

SEC. 9. REPORTING REQUIREMENTS.

Section 8 of the Sudan Peace Act (Public Law 107-245; 50
U.S.C. 1701 note) is amended--
(1) by redesignating subsection (c) as subsection (g); and

[[Page S9996]]

(2) by inserting after subsection (b) the following:
``(c) Report on African Union Mission in Sudan.--Until such
time as AMIS concludes its mission in Darfur, in conjunction
with the other reports required under this section, the
Secretary of State, in consultation with all relevant Federal
departments and agencies, shall prepare and submit a report,
to the appropriate congressional committees, regarding--
``(1) a detailed description of all United States
assistance provided to the African Union Mission in Sudan
(referred to in this subsection as `AMIS') since the
establishment of AMIS, reported by fiscal year and the type
and purpose of such assistance; and
``(2) the level of other international assistance provided
to AMIS, including assistance from countries, regional and
international organizations, such as the North Atlantic
Treaty Organization, the European Union, the Arab League, and
the United Nations, reported by fiscal year and the type and
purpose of such assistance, to the extent possible.
``(d) Report on Sanctions in Support of Peace in Darfur.--
In conjunction with the other reports required under this
section, the Secretary of State shall submit a report to the
appropriate congressional committees regarding sanctions
imposed under section 6 of the Comprehensive Peace in Sudan
Act of 2004, including--
``(1) a description of each sanction imposed under such
provision of law;
``(2) the name of the individual or entity subject to the
sanction, if applicable; and
``(3) whether or not such individual has been identified by
the United Nations panel of experts.
``(e) Report on United States Military Assistance.--In
conjunction with the other reports required under this
section, the Secretary of State shall submit a report to the
appropriate congressional committees describing the
effectiveness of any assistance provided under section 8 of
the Darfur Peace and Accountability Act of 2006, including--
``(1) a detailed annex on any military assistance provided
in the period covered by this report;
``(2) the results of any review or other monitoring
conducted by the Federal Government with respect to
assistance provided under that Act; and
``(3) any unauthorized retransfer or use of military
assistance furnished by the United States.''.
______

SA 5034. Mr. CRAIG proposed an amendment to the bill S. 2562, to
increase, effective as of December 1, 2006, the rates of compensation
for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for the survivors of certain
disabled veterans; as follows:

On page 4, after line 8, add the following:

SEC. 4. TECHNICAL AMENDMENT.

Section 1311 of title 38, United States Code, is amended by
redesignating the second subsection (e) (as added by section
301(a) of the Veterans Benefits Improvement Act of 2004
(Public Law 108-454; 118 Stat. 3610)) as subsection (f).

____________________