S.Amdt. 5072Senate109th Congress (2005-2007)
S.Amdt. 5072
Sponsored by 
Sen. Max Baucus (D-MT)
Sen. Max Baucus (D-MT)Submitted September 26, 2006
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Senate amendment submitted
September 26, 2006
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Submitted
TEXT OF AMENDMENTS
SA 5041. Mr. BINGAMAN (for himself and Mr. Domenici) 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:
SEC. 6. BORDER RELIEF GRANT PROGRAM.
(a) Findings.--Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately 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.
(b) 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.
(c) Use of Funds.--Grants awarded pursuant to subsection
(b) 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.
(d) 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.
(e) 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.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(f) 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 (e).
(g) 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 Act.
SEC. 7. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in section 6 shall be construed to authorize State
or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.
______
SA 5042. Mr. KENNEDY 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 2, line 16, strike the period at the end and insert
the following: ``; and
(3) the implementation of those measures described in the
Comprehensive Immigration Reform Act of 2006, as passed by
the Senate on May 25, 2006, that the Secretary determines to
be necessary and appropriate to achieve or maintain
operational control over the international land and maritime
borders of the United States.''.
______
SA 5043. Mr. DOMENICI 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 I--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Border Infrastructure and
Technology Modernization Act''.
SEC. 102. DEFINITIONS.
In this title:
(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. 103. 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
[[Page S10198]]
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 104; 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. 104. 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 of Homeland Security, 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 of Homeland
Security 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. 105. 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 of Homeland Security, 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. 106. 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 of Homeland Security 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 of
Homeland Security 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.
(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. 107. 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 103(a);
(2) to carry out section 103(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 105(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 106(a)(2); and
(B) such sums as may be necessary for the fiscal years 2008
through 2011; and
(4) to carry out section 105(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 106, 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 title 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 title.
______
SA 5044. Mr. DOMENICI 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:
SEC. 6. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security.--The Secretary
of State, in cooperation with the Secretary of Homeland
Security 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;
[[Page S10199]]
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--
The Secretary of State, in cooperation with other appropriate
Federal officials, shall work with the appropriate officials
from the Government of Mexico to carry out activities to
educate citizens and nationals of Mexico regarding
eligibility for status as a nonimmigrant under Federal law to
ensure that the citizens and nationals are not exploited
while working in the United States.
(c) Cooperation Regarding Circular Migration.--The
Secretary of State, in cooperation with the Secretary of
Labor and other appropriate Federal officials, shall work
with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico
to encourage circular migration, including assisting in the
development of economic opportunities and providing job
training for citizens and nationals in Mexico.
(d) Annual Report.--Not later than 180 days after the date
of the 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.
______
SA 5045. Mr. DOMENICI 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:
SEC. 6. DEPUTY UNITED STATES MARSHALS.
(a) In General.--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.
(b) 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 subsection
(a).
______
SA 5046. Mr. MARTINEZ 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 2, line 18, strike ``prevention'' and all that
follows through line 21, and insert the following:
``effective prevention of unlawful entries into the United
States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other
contraband, as determined by the Secretary of Homeland
Security.''.
______
SA 5047. Mr. KYL 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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Prevention Act of
2006''.
SEC. 2. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.
(a) Offense of Rewarding or Facilitating International
Terrorist Acts.--
(1) In general.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following section:
``Sec. 2339E. Providing material support to international
terrorism
``(a) Definitions.--In this section:
``(1) The term `material support or resources' has the same
meaning as in section 2339A(b).
``(2) The term `the perpetrator of an act' includes any
person who--
``(A) commits the act;
``(B) aids, abets, counsels, commands, induces, or procures
its commission; or
``(C) attempts, plots, or conspires to commit the act.
``(3) The term `international terrorism' has the same
meaning as in section 2331.
``(4) The term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2).
``(5) The term `serious bodily injury' has the same meaning
as in section 1365.
``(6) The term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
``(b) Prohibition.--Whoever, in a circumstance provided in
subsection (c), provides material support or resources to the
perpetrator of an act of international terrorism, or to a
family member or other person associated with such
perpetrator, with the intent to facilitate, reward, or
encourage that act or other acts of international terrorism,
shall be fined under this title and imprisoned for any term
of years not less than 10 or for life, and, if death results,
shall be imprisoned for any term of years not less than 30 or
for life.
``(c) Jurisdictional Bases.--A circumstance referred to in
subsection (b) is--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed
to influence the policy or affect the conduct of the United
States Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in
part within the United States and is designed to influence
the policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a
national of the United States while that national is outside
the United States, or substantial damage to the property of a
legal entity organized under the laws of the United States
(including any of its States, districts, commonwealths,
territories, or possessions) while that property is outside
of the United States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward
or encourage an act of international terrorism that is
designed to influence the policy or affect the conduct of a
foreign government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any of its States, districts,
commonwealths, territories, or possessions).''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for chapter
113B of title 18, United States Code, is amended by adding at
the end the following:
``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to international terrorism.''.
(B) Other amendment.--Section 2332b(g)(5)(B)(i) of title
18, United States Code, is amended by striking all after
``2339C'' and inserting ``(relating to financing of
terrorism), 2339E (relating to providing material support to
international terrorism), or 2340A (relating to torture);''.
(b) Increased Penalties for Providing Material Support to
Terrorists.--
(1) Providing material support.--Section 2339A(a) of title
18, United States Code, is amended by striking ``, imprisoned
not more than 15 years,'' and all that follows through
``life.'' and inserting ``and imprisoned for any term of
years not less than 10 or for life, and, if the death of any
person results, shall be imprisoned for any term of years not
less than 25 or for life.''.
(2) Providing material support or resources to designated
foreign terrorist organizations.--Section 2339B(a) of title
18, United States Code, is amended by striking ``or
imprisoned not more than 15 years,'' and all that follows
through ``life.'' and inserting ``and imprisoned for not less
than 5 years and not more than 25 years, and, if the death of
any person results, shall be imprisoned for any term of years
not less than 20 or for life.''.
(3) Receiving military-type training from a foreign
terrorist organization.--Section 2339D of title 18, United
States Code, is amended by striking ``or imprisoned for ten
years, or both.'' and inserting ``and imprisoned for not less
than 3 years and not more than 15 years.''.
(c) Exceptions to Prohibition.--Section 2339A(b)(1) of
title 18, United States Code, is amended by striking ``,
except medicine or religious materials''.
(d) Addition of Attempts and Conspiracies to an Offense
Relating to Military Training.--Section 2339D of title 18,
United States Code, is amended by inserting ``, or attempts
or conspires to receive,'' after ``receives''.
(e) Denial of Federal Benefits to Convicted Terrorists.--
(1) In general.--Chapter 113B of title 18, United States
Code, as amended by this section, is further amended by
adding at the end the following:
``Sec. 2339F. Denial of Federal benefits to terrorists
``(a) In General.--Any individual who is convicted of a
Federal crime of terrorism (as defined in section 2332b(g))
shall, as provided by the court on motion of the Government,
[[Page S10200]]
be ineligible for any or all Federal benefits for any term of
years or for life.
``(b) Federal Benefit Defined.--In this section, `Federal
benefit' has the meaning given that term in section 421(d) of
the Controlled Substances Act (21 U.S.C. 862(d)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, as
amended by this section, is further amended by adding at the
end the following:
``2339F. Denial of Federal benefits to terrorists.''.
SEC. 3. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES
ACT.
(a) Short Title.--This section may be cited as the
``Classified Information Procedures Reform Act of 2006''.
(b) Interlocutory Appeals Under the Classified Information
Procedures Act.--Section 7(a) of the Classified Information
Procedures Act (18 U.S.C. App.) is amended by adding at the
end ``The Government's right to appeal under this section
applies without regard to whether the order appealed from was
entered under this Act.''.
(c) Ex Parte Authorizations Under the Classified
Information Procedures Act.--Section 4 of the Classified
Information Procedures Act (18 U.S.C. App.) is amended--
(1) in the second sentence--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``written statement to be inspected'' and
inserting ``statement to be made ex parte and to be
considered''; and
(2) in the third sentence--
(A) by striking ``If the court enters an order granting
relief following such an ex parte showing, the'' and
inserting ``The''; and
(B) by inserting ``, as well as any summary of the
classified information the defendant seeks to obtain,'' after
``text of the statement of the United States''.
(d) Application of Classified Information Procedures Act to
Non-Documentary Information.--Section 4 of the Classified
Information Procedures Act (18 U.S.C. App.) is amended--
(1) in the section heading, by inserting ``, and access
to,'' after ``of'';
(2) by inserting ``(a) Discovery of Classified Information
From Documents.--'' before the first sentence; and
(3) by adding at the end the following:
``(b) Access to Other Classified Information.--
``(1) If the defendant seeks access through deposition
under the Federal Rules of Criminal Procedure or otherwise to
non-documentary information from a potential witness or other
person which he knows or reasonably believes is classified,
he shall notify the attorney for the United States and the
district court in writing. Such notice shall specify with
particularity the classified information sought by the
defendant and the legal basis for such access. At a time set
by the court, the United States may oppose access to the
classified information.
``(2) If, after consideration of any objection raised by
the United States, including any objection asserted on the
basis of privilege, the court determines that the defendant
is legally entitled to have access to the information
specified in the notice required by paragraph (1), the United
States may request the substitution of a summary of the
classified information or the substitution of a statement
admitting relevant facts that the classified information
would tend to prove.
``(3) The court shall permit the United States to make its
objection to access or its request for such substitution in
the form of a statement to be made ex parte and to be
considered by the court alone. The entire text of the
statement of the United States, as well as any summary of the
classified information the defendant seeks to obtain, shall
be sealed and preserved in the records of the court and made
available to the appellate court in the event of an appeal.
``(4) The court shall grant the request of the United
States to substitute a summary of the classified information
or to substitute a statement admitting relevant facts that
the classified information would tend to prove if it finds
that the summary or statement will provide the defendant with
substantially the same ability to make his defense as would
disclosure of the specific classified information.
``(5) A defendant may not obtain access to classified
information subject to this subsection except as provided in
this subsection. Any proceeding, whether by deposition under
the Federal Rules of Criminal Procedure or otherwise, in
which a defendant seeks to obtain access to such classified
information not previously authorized by a court for
disclosure under this subsection must be discontinued or may
proceed only as to lines of inquiry not involving such
classified information.''.
SEC. 4. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.
(a) Hoax Statute.--Section 1038 of title 18, United States
Code, is amended--
(1) in subsections (a)(1) and (b), by striking ``a
violation'' and all that follows through ``title 49'' and
inserting ``an offense listed under section 2332b(g)(5)(B) of
this title''; and
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``, imprisoned not
more than 5 years, or both'' and inserting ``and imprisoned
for not less than 2 years nor more than 10 years'';
(B) in subparagraph (B), by striking ``, imprisoned not
more than 20 years, or both'' and inserting ``and imprisoned
for not less than 5 years nor more than 25 years''; and
(C) in subparagraph (C), by striking ``, imprisoned for any
term of years or for life, or both'' and inserting ``and
imprisoned for any term of years not less than 10 or for
life''.
(b) Threatening Communications.--
(1) Mailed within the united states.--Section 876 of title
18, United States Code, is amended by adding at the end
thereof the following new subsection:
``(e) For purposes of this section, the term `addressed to
any other person' includes an individual (other than the
sender), a corporation or other legal person, and a
government or agency or component thereof.''.
(2) Mailed to a foreign country.--Section 877 of title 18,
United States Code, is amended by adding at the end thereof
the following new paragraph:
``For purposes of this section, the term `addressed to any
person' includes an individual, a corporation or other legal
person, and a government or agency or component thereof.''.
SEC. 5. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.
(a) Homicide.--Section 2332(a) of title 18, United States
Code, is amended--
(1) by inserting ``, or attempts or conspires to kill,''
after ``Whoever kills''; and
(2) in paragraph (1), by striking ``this title'' and all
that follows and inserting ``this title and punished by death
or imprisonment for any term of years not less than 30 or for
life;''
(b) Kidnapping.--Section 2332(b) of title 18, United States
Code, is amended to read as follows:
``(b) Kidnapping.--Whoever outside the United States
unlawfully seizes, confines, inveigles, decoys, kidnaps,
abducts, or carries away, or attempts or conspires to seize,
confine, inveigle, decoy, kidnap, abduct or carry away, a
national of the United States, shall be fined under this
title and punished by imprisonment for any term of years not
less than 20 or for life; and, if the death of any person
results, shall be fined under this title and punished by
death or imprisonment for life.''.
(c) Other Conduct.--Section 2332(c) of title 18, United
States Code, is amended--
(1) by inserting ``(as defined in section 1365, including
any conduct that, if the conduct occurred in the special
maritime and territorial jurisdiction of the United States,
would violate section 2241 or 2242)'' after ``injury'' in
paragraphs (1) and (2); and
(2) in the matter following paragraph (2), by striking ``or
imprisoned'' and all that follows and inserting ``and
imprisoned for any term of years not less than 10 or for
life.''.
(d) Terrorist Offenses Resulting in Death.--
(1) In general.--Chapter 113B of title 18, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 2339G. Terrorist offenses resulting in death
``(a) Whoever, in the course of committing a terrorist
offense, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term
of years not less than 20 or for life.
``(b) In this section, the term `terrorist offense' means--
``(1) a felony offense that is--
``(A) a Federal crime of terrorism as defined in section
2332b(g), other than an offense under section 1363; or
``(B) an offense under this chapter, section 175, 175b,
229, or 831, or section 236 of the Atomic Energy Act of 1954;
or
``(2) a Federal offense that is an attempt or conspiracy to
commit an offense described in paragraph (1).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, as
amended by this Act, is further amended by adding at the end
the following:
``2339G. Terrorist offenses resulting in death.''.
(e) Death Penalties.--
(1) Mass destruction.--Section 832 of title 18, United
States Code, is amended--
(A) in subsection (a), by striking ``not more than 20
years.'' and inserting ``any term of years not less than 15
or for life.''; and
(B) in subsection (c), by striking ``or for life.'' and
inserting ``not less than 15 or for life and, if the death of
any person results, shall be punished by death or
imprisonment for life.''
(2) Missile systems designed to destroy aircraft.--Section
2332g(c)(3) of title 18, United States Code, is amended by
inserting ``death or'' before ``imprisonment for life''.
(3) Nuclear material.--Section 222b. of the Atomic Energy
Act of 1954 (42 U.S.C. 2272) is amended by inserting ``death
or'' before ``imprisonment for life'' the last place it
appears.
(4) Radiological dispersal devices.--Section 2332h(c)(3) of
title 18, United States Code, is amended by inserting ``death
or'' before ``imprisonment for life''.
(5) Variola viruses.--Section 175c(c)(3) of title 18,
United States Code, is amended by inserting ``death or''
before ``imprisonment for life''.
SEC. 6. INVESTIGATION OF TERRORIST CRIMES.
(a) Nondisclosure of FISA Investigations.--The following
provisions of the Foreign Intelligence Surveillance Act of
1978 are each amended by inserting ``(other than in
proceedings or other civil matters under the immigration
laws, as that term is defined in
[[Page S10201]]
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)))'' after ``authority of the United
States'':
(1) Subsections (c), (e), and (f) of section 106 (50 U.S.C.
1806).
(2) Subsections (d), (f), and (g) of section 305 (50 U.S.C.
1825).
(3) Subsections (c), (e), and (f) of section 405 (50 U.S.C.
1845).
(b) Multidistrict Search Warrants in Terrorism
Investigations.--Rule 41(b)(3) of the Federal Rules of
Criminal Procedure is amended to read as follows:
``(3) a magistrate judge--in an investigation of--
``(A) a Federal crime of terrorism (as defined in section
2332b(g)(g) of title 18, United States Code); or
``(B) an offense under section 1001 or 1505 of title 18,
United States Code, relating to information or purported
information concerning a Federal crime of terrorism (as
defined in section 2332b(g)(5) of title 18, United States
Code)--having authority in any district in which activities
related to the Federal crime of terrorism or offense may have
occurred, may issue a warrant for a person or property within
or outside that district.''.
(c) Increased Penalties for Obstruction of Justice in
Terrorism Cases.--Sections 1001(a) and 1505 of title 18,
United States Code, are amended by striking ``8 years'' and
inserting ``10 years''.
______
SA 5048. Mr. FRIST 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 1, line 8, strike ``18 months'' and insert ``18
months and 2 days.''
______
SA 5049. Mr. FRIST submitted an amendment intended to be proposed to
amendment SA 5048 submitted by Mr. Frist and intended to be proposed 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:
Strike ``18 months and 2 days'' and insert ``18 months and
1 day.''
______
SA 5050. Mr. FRIST 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 end of the bill, add the following: The effective
date shall be 5 days after the date of enactment.
______
SA 5051. Mr. FRIST submitted an amendment intended to be proposed to
amendment SA 5050 submitted by Mr. Frist and intended to be proposed 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 line 2 of the amendment, strike ``5 days'' and insert
``1 day.''
______
SA 5052. Mr. FRIST 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 end of section 2, add the following: ``This section
shall become effective 5 days after the date of enactment.
______
SA 5053. Mr. CHAMBLISS submitted an amendment intended to be proposed
to 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--AGRICULTURAL EMPLOYMENT AND WORKFORCE PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Agricultural Employment
and Workforce Protection Act of 2006''.
Subtitle A--Border Security
SEC. 211. COMPREHENSIVE PLAN TO CONTROL THE BORDERS OF THE
UNITED STATES.
(a) In General.--The Secretary of Homeland Security shall
prepare and submit to Congress, at the earliest practicable
date, a comprehensive plan to--
(1) establish operational control of the borders of the
United States; and
(2) effectively enforce the immigration laws of the United
States in the interior of the United States.
(b) Contents.--The plan described in subsection (a) shall
include--
(1) detailed strategies;
(2) time lines for implementation; and
(3) cost estimates for such activities.
(c) Interim Plan.--The mandates contained in this subtitle
shall serve as an interim plan until Congress enacts
legislation to implement the comprehensive plan submitted by
the Secretary of Homeland Security under subsection (a).
SEC. 212. USE OF DEPARTMENT OF DEFENSE EQUIPMENT FOR
SURVEILLANCE OF INTERNATIONAL LAND BORDERS OF
THE UNITED STATES.
(a) Availability of Equipment.--The Secretary of Homeland
Security, in collaboration with the Secretary of Defense,
shall develop and implement a plan to provide military
support to civilian law enforcement agencies, including the
use of unmanned aerial vehicles, other surveillance
equipment, and other equipment of the Department of Defense,
to assist the surveillance activities of the Department of
Homeland Security at and near the international land borders
of the United States.
(b) Reports.--
(1) Initial report.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Homeland Security
and the Secretary of Defense shall submit a joint report to
Congress, which describes the use of Department of Defense
equipment to assist the surveillance efforts of the
Department of Homeland Security and to support the plan
developed under subsection (a).
(2) Annual reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter until the
Secretary of Homeland Security can procure the equipment
necessary to achieve operational control of the international
land borders of the United States, the Secretary of Homeland
Security and the Secretary of Defense shall submit joint
reports to Congress that describe--
(A) the types of equipment and other support utilized for
border security; and
(B) the effectiveness of such equipment and support.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 213. PORTS OF ENTRY.
(a) Construction Authorized.--The Secretary of Homeland
Security may construct not more than 30 additional land ports
of entry along the northern and southern international land
borders of the United States at locations to be determined by
the Secretary if such construction will enhance the border
security of the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
subsection (a).
SEC. 214. ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS.
In addition to the positions authorized by section 5202 of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3734), the Secretary of
Homeland Security shall, for each of the fiscal years between
fiscal year 2007 and 2011, increase by no less than 250 the
number of positions for full-time active duty Customs and
Border Protection Officers.
SEC. 215. INTERIOR ENFORCEMENT.
(a) State and Local Immigration Law Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, appropriately trained law enforcement personnel of a
State or a unit of local government are authorized to
investigate, identify, apprehend, arrest, detain, or transfer
to Federal custody aliens in the United States (including the
transportation of such aliens across State lines to detention
centers), for the purpose of assisting in the enforcement of
the immigration laws of the United States in the normal
course of carrying out the law enforcement duties of such
personnel.
(2) Reimbursement of costs.--The Secretary of Homeland
Security shall reimburse States and units of local government
for all reasonable costs incurred by that State or local
government to carry out the activities described in paragraph
(1).
(b) Federal Custody of Illegal Aliens Apprehended by State
or Local Law Enforcement.--Title II of the Immigration and
Nationality Act is amended by adding after section 240C the
following:
``TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY
``Sec. 240D. (a) In General.--If the head of a law
enforcement entity of a State, or a political subdivision of
a State, requests the Secretary of Homeland Security to take
an illegal alien into Federal custody, the Secretary shall--
``(1) not later than 72 hours after such request is
received from the State, take such alien into the custody of
the Federal Government and incarcerate the alien; or
``(2) request the relevant State or local law enforcement
agency to temporarily detain or transport the illegal alien
to a location for transfer to Federal custody.
``(b) Designated Incarceration Facility.--The Secretary of
Homeland Security shall designate not less than 1 Federal,
State, or local prison or jail or a private contracted prison
or detention facility within each State as the central
facility for that State to transfer custody of criminal or
illegal aliens to the Department of Homeland Security.
``(c) Reimbursement to States and Local Governments.--The
Department of Homeland Security shall reimburse each State or
a political subdivision of a State for all reasonable
expenses incurred by the State or political subdivision in
the detention and transportation of a criminal or illegal
alien.''.
[[Page S10202]]
(c) Immigration and Customs Enforcement Investigative
Personnel.--
(1) Additional positions authorized.--In addition to the
positions authorized by section 5203 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3734), the Secretary of Homeland Security
shall, for each of fiscal years 2007 through 2011, increase
by not less than 400 the number of investigative personnel
within the Department of Homeland Security responsible for
investigating immigration status violations.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2007 through 2011
such sums as may be necessary to carry out this subsection.
(d) Listing of Immigration Violators in the National Crime
Information Center Database.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall provide the National Crime Information Center of the
Federal Bureau of Investigation (referred to in this section
as the ``NCIC'') with information related to--
(A) any alien against whom a final order of removal has
been issued;
(B) any alien who is subject to a voluntary departure
agreement that has become invalid under section 240B(a)(2) of
the Immigration and Nationality Act (8 U.S.C. 1229c(a)(2));
and
(C) any alien whose visa has been revoked.
(2) Requirement to provide and use information.--The
information provided to the NCIC under paragraph (1) shall be
entered into the Immigration Violators File of the NCIC
database if a name and date of birth are available for the
individual, regardless of whether the alien received notice
of a final order of removal or the alien has already been
removed.
(3) Removal of information.--If an individual is granted
cancellation of removal under section 240A of the Immigration
and Nationality Act (8 U.S.C. 1229b) or is granted permission
to legally enter the United States after a voluntary
departure under section 240B of such Act (8 U.S.C. 1229c),
any information entered into the NCIC database in accordance
with this subsection shall be promptly removed.
(e) Increasing Federal Detention Space.--
(1) Construction or acquisition of detention facilities.--
(A) In general.--In addition to facilities being used for
the detention of aliens as of the date of enactment of this
Act, the Secretary of Homeland Security shall construct or
acquire 20 detention facilities in the United States with
sufficient capacity to detain a combined total of not less
than 200,000 individuals at any time. Such facilities shall
be used for aliens detained pending removal or a decision on
removal of such aliens from the United States.
(B) Determination of location.--The location of each
detention facility built or acquired pursuant to this
paragraph shall--
(i) be determined by the senior officer responsible for
detention and removal operations of the Department of
Homeland Security, subject to the approval of the Secretary
of Homeland Security; and
(ii) enable the Department to increase, to the maximum
extent practicable, the annual rate and level of removals of
illegal aliens from the United States.
(C) Use of installations under base closure laws.--In
acquiring detention facilities under this paragraph, the
Secretary of Homeland Security shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
subparagraph (A).
(2) Technical and conforming amendment.--Section 241(g)(1)
of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1))
is amended by striking ``may expend'' and inserting ``shall
expend''.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 216. EXPANDING CATEGORY OF INADMISSIBLE ALIENS.
(a) Criminal Street Gangs.--Section 212(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is
amended by adding at the end the following:
``(J) Aliens who are members of criminal street gangs.--Any
alien who is a member of a criminal street gang (as defined
in section 521(a) of title 18, United States Code) is
inadmissible.''.
(b) Deporting Criminal Street Gang Members.--Section
237(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(F) Aliens who are members of criminal street gangs.--Any
alien who is a member of a criminal street gang (as defined
in section 521(a) of title 18, United States Code) is
deportable.''.
(c) Criminal Aliens.--Any alien convicted of a felony or a
misdemeanor in the United States is ineligible to receive a
visa and ineligible to be admitted to the United States.
Subtitle B--Temporary H-2A Workers
SEC. 221. DEFINITION.
Section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended--
(1) by striking ``and including agricultural labor defined
in section 3121(g) of the Internal Revenue Code of 1954'' and
inserting ``, which shall include labor and services relating
to commodities, livestock, dairy, forestry, landscaping,
fishing, and the processing of meat, poultry, and fish, and
agricultural labor (as defined in section 3121(g) of the
Internal Revenue Code of 1986),''; and
(2) by striking ``, of a temporary or seasonal nature''.
SEC. 222. ADMISSION OF TEMPORARY H-2A WORKERS.
(a) Procedure for Admission.--
(1) In general.--Section 218 of the Immigration and
Nationality Act (8 U.S.C. 1188) is amended to read as
follows:
``ADMISSION OF TEMPORARY H-2A WORKERS
``Sec. 218. (a) Definitions.--In this section and section
218A:
``(1) Area of employment.--The term `area of employment'
means the area within normal commuting distance of the work
site or physical location where the work of the H-2A worker
is or will be performed. If such work site or location is
within a Metropolitan Statistical Area, any place within such
area shall be considered to be within the area of employment.
``(2) Displace.--In the case of a petition with respect to
an H-2A worker filed by an employer, the employer `displaces'
a United States worker from a job if the employer lays off
the worker from a job that is essentially equivalent to the
job for which the H-2A worker is sought. A job shall not be
considered to be essentially equivalent to another job unless
the job--
``(A) involves essentially the same responsibilities as the
other job;
``(B) was held by a United States worker with substantially
equivalent qualifications and experience; and
``(C) is located in the same area of employment as the
other job.
``(3) Eligible individual.--The term `eligible individual'
means an individual who is not an unauthorized alien (as
defined in section 274A(h)(3)) with respect to the employment
of the individual.
``(4) Employer.--The term `employer' means an employer who
hires workers to perform agricultural employment.
``(5) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(6) Lay off.--
``(A) In general.--The term `lay off'--
``(i) means to cause a 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 (other than a temporary employment contract entered
into in order to evade a condition described in paragraph (3)
or (7) of subsection (b)); and
``(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 subsection (h)(2), with either employer described in
such subsection) 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) Construction.--Nothing in this paragraph is intended
to limit an employee's rights under a collective bargaining
agreement or other employment contract.
``(7) Level ii h-2a worker.--The term `Level II H-2A
worker' means a nonimmigrant described in section
101(a)(15)(H)(ii)(a) who--
``(A) has been employed as an H-2A worker for at least 3
years;
``(B) has not violated a material term or condition of
employment as an H-2A worker;
``(C) works in a supervisory capacity; and
``(D) meets minimum skill levels in the occupation in which
they are employed, as determined, by regulation, by the
Secretary of Labor, based on surveys conducted by State
workforce agencies.
``(8) Prevailing wage.--The term `prevailing wage' means
the wage rate that includes the 51st percentile of employees
with similar experience and qualifications in the
agricultural occupation in the area of intended employment,
expressed in terms of the prevailing method of pay for the
occupation in the area of intended employment.
``(9) United states worker.--The term `United States
worker' means any worker who is a national of the United
States, an alien lawfully admitted for permanent residence,
and any other alien authorized to work in the relevant job
opportunity within the United States, except--
``(A) an alien admitted or otherwise provided status under
section 101(a)(15)(H)(ii)(a); and
``(B) an alien provided blue card status under section
218B.
``(b) Application.--An alien may not be admitted as an H-2A
worker unless the employer has filed with the Secretary of
Homeland Security a petition attesting to the following:
``(1) Temporary work or services.--
``(A) In general.--The employer is seeking to employ a
specific number of agricultural workers on a temporary basis
and will provide compensation to such workers at a specified
wage rate and under specified conditions.
[[Page S10203]]
``(B) Skilled workers.--If the worker is a Level II H-2A
worker, the employer will recruit the worker separately and
the attestation will delineate separate wage rate and
conditions of employment for such worker.
``(C) Definition.--For purposes of this paragraph, a worker
is employed on a temporary basis if the employer intends to
employ the worker for an 11-month contract period.
``(2) Benefits, wages, and working conditions.--The
employer will provide, at a minimum, the benefits, wages, and
working conditions required by subsection (k) to all workers
employed in the jobs for which the H-2A worker is sought and
to all other temporary workers in the same occupation at the
place of employment.
``(3) 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 of the H-2A worker and during the 30-day period
immediately preceding such period of employment in the
occupation at the place of employment for which the employer
seeks approval to employ H-2A workers.
``(4) Recruitment.--
``(A) In general.--The employer--
``(i) conducted adequate recruitment in the area of
employment before filing the attestation; and
``(ii) was unsuccessful in locating a qualified United
States worker for the job opportunity for which the H-2A
worker is sought.
``(B) Other requirements.--The adequate recruitment
requirement under subparagraph (A) is satisfied if the
employer places--
``(i) a job order with the America's Job Bank Program of
the Department of Labor; and
``(ii) a Sunday advertisement in a newspaper of general
circulation that is likely to be patronized by a potential
worker in the area of intended employment.
``(C) Advertisement requirement.--The advertisement
requirement under subparagraph (B)(ii) is satisfied if the
advertisement--
``(i) names the employer;
``(ii) directs applicants to report or send resumes, as
appropriate for the occupation, to the employer;
``(iii) provides a description of the vacancy that is
specific enough to apprise United States workers of the job
opportunity for which certification is sought;
``(iv) describes the geographic area with enough
specificity to apprise applicants of any travel requirements
and where applicants will likely have to reside to perform
the job;
``(v) states the rate of pay, which shall not be less than
the wage paid for the occupation in the area of intended
employment; and
``(vi) offers wages, terms, and conditions of employment,
which are at least as favorable to those offered to the
alien.
``(D) End of recruitment requirement.--The requirement to
recruit United States workers shall terminate on the first
day of the contract period that work begins.
``(5) Offers to united states workers.--The employer has
offered or will offer the job for which the nonimmigrant is
sought to any eligible United States worker who--
``(A) applies;
``(B) is at least as qualified for the job as the
nonimmigrant; and
``(C) will be available at the time and place of need.
``(6) Provision of insurance.--If the job for which the H-
2A worker is sought is not covered by 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 workers' compensation law for comparable employment.
``(7) Strike or lockout.--There is not a strike or lockout
in the course of a labor dispute which, under regulations
promulgated by the Secretary of Labor, precludes the hiring
of H-2A workers.
``(8) Previous violations.--The employer has not, during
the previous 5-year period, employed H-2A workers and
knowingly violated a material term or condition of approval
with respect to the employment of domestic or nonimmigrant
workers, as determined by the Secretary of Labor after notice
and opportunity for a hearing.
``(c) Public Examination.--Not later than 1 working day
after the date on which a petition under this section is
filed, the employer shall make a copy of each such petition
(and any necessary accompanying documents) available for
public examination, at the employer's principal place of
business or worksite.
``(d) List.--
``(1) In general.--The Secretary of Homeland Security shall
maintain a list of the petitions filed under subsection (b),
which shall--
``(A) be sorted by employer; and
``(B) include the number of H-2A workers sought, the wage
rate, the period of intended employment, and the date of need
for each alien.
``(2) Availability.--The Secretary of Homeland Security
shall, at least monthly, submit a copy of the list described
in paragraph (1) to the Secretary of Labor, who shall make
the list available for public examination.
``(e) Petitioning for Admission.--
``(1) In general.--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 shall file
with the Secretary of Homeland Security a petition that
includes the attestations described in subsection (b).
``(2) Consideration of petitions.--For each petition filed
and considered under this subsection--
``(A) the Secretary of Homeland Security may not require
such petition to be filed more than 28 days before the first
date the employer requires the labor or services of the H-2A
worker; and
``(B) unless the Secretary of Homeland Security determines
that the petition is incomplete or obviously inaccurate, the
Secretary, not later than 7 days after the date on which such
petition was filed, shall either approve or deny the
petition.
``(3) Expedited adjudication.--The Secretary of Homeland
Security shall--
``(A) establish a procedure for expedited adjudication of
petitions filed under this subsection; and
``(B) not later than 7 working days after such filing,
transmit, by fax, cable, or other means assuring expedited
delivery, a copy of notice of action on the petition--
``(i) in the case of approved petitions, to the petitioner,
the Secretary of Labor, and to the appropriate immigration
officer at the port of entry or United States consulate where
the petitioner has indicated that the alien beneficiary or
beneficiaries will apply for a visa or admission to the
United States;
``(ii) in the case of denied petitions, to the petitioner,
including reasons for the denial and instructions on how to
appeal such denial.
``(4) Petition agreements.--By filing an H-2A petition, a
petitioner and each employer consents to allow access to the
site where the labor is being performed for the purpose of
determining compliance with H-2A requirements.
``(f) Roles of Agricultural Associations.--
``(1) Permitting filing by agricultural associations.--A
petition to hire an alien as a temporary agricultural worker
may be filed by an association of agricultural employers
which use agricultural services.
``(2) Treatment of associations acting as employers.--If an
association is a joint or sole employer of temporary
agricultural workers, such workers may be transferred among
its members to perform agricultural services of a temporary
nature for which the petition was approved.
``(3) Statement of liability.--The petition shall include a
clear statement explaining the liability under this section
of an employer who places an H-2A worker with another
employer authorized to employ H-2A workers if the other
employer displaces a United States worker in violation of
this section.
``(4) Treatment of violations.--
``(A) Individual member.--If an individual member of a
joint employer association violates any condition for
approval with respect to the member's petition, the Secretary
of Homeland Security shall deny such petition only with
respect to that member of the association unless the
Secretary of Labor determines that the association or other
member participated in, had knowledge of, or had reason to
know of the violation.
``(B) Association of agricultural employers.--
``(i) Joint employer.--If an association representing
agricultural employers as a joint employer violates any
condition for approval with respect to the association's
petition, the Secretary of Homeland Security shall deny such
petition only with respect to the association and may not
apply the denial to any individual member of the association,
unless the Secretary of Labor determines that the member
participated in, had knowledge of, or had reason to know of
the violation.
``(ii) Sole employer.--If an association of agricultural
employers approved as a sole employer violates any condition
for approval with respect to the association's petition, no
individual member of such association may be the beneficiary
of the services of temporary alien agricultural workers
admitted under this section in the occupation in which such
aliens were employed by the association which was denied
approval during the period such denial is in force, unless
such member employs such aliens in the occupation in question
directly or through an association which is a joint employer
of such workers with the member.
``(g) Expedited Administrative Appeals.--The Secretary of
Homeland Security shall issue regulations to provide for an
expedited procedure--
``(1) for the review of a denial of a petition under this
section by the Secretary; or
``(2) at the applicant's request, for a de novo
administrative hearing respecting the denial.
``(h) Miscellaneous Provisions.--
``(1) Requirements for placement of h-2a workers with other
employers.--A nonimmigrant who is admitted into the United
States as an H-2A worker may be transferred to another
employer that has attested to the Secretary of Homeland
Security that the employer has filed a petition under this
section and is in compliance with this section. The Secretary
of Homeland Security and the Secretary of State shall issue
regulations to establish a process for the approval and
reissuance of visas for transferred H-2A workers, as
necessary.
[[Page S10204]]
``(2) Endorsement of documents.--The Secretary of Homeland
Security shall provide for the endorsement of entry and exit
documents of H-2A workers as may be necessary to carry out
this section and to provide notice for purposes of section
274A.
``(3) Preemption of state laws.--The provisions of
subsection (a) and (c) of section 214 and the provisions of
this section preempt any State or local law regulating
admissibility of nonimmigrant workers.
``(4) Fees.--
``(A) In general.--The Secretary of Homeland Security may
require, as a condition of approving the petition, the
payment of a fee, in accordance with subparagraph (B), to
recover the reasonable cost of processing petitions.
``(B) Fee by type of employee.--
``(i) Single employer.--An employer whose petition for
temporary alien agricultural workers is approved shall, for
each approved petition, pay a fee that--
``(I) subject to subclause (II), is equal to $100 plus $10
for each approved H-2A worker; and
``(II) does not exceed $1,000.
``(ii) Association.--Each employer-member of a joint
employer association whose petition for temporary
agricultural aliens is approved shall, for each such approved
petition, pay a fee that--
``(I) subject to subclause (II), is equal to $100 plus $10
for each approved H-2A worker; and
``(II) does not exceed $1,000.
``(iii) Limitation on association fees.--A joint employer
association under clause (ii) shall not be charged a separate
fee.
``(C) Method of payment.--The fees collected under this
paragraph shall be paid by check or money order to the
Department of Homeland Security. In the case of employers of
H-2A workers that are members of a joint employer association
applying on their behalf, the aggregate fees for all
employers of H-2A workers under the petition may be paid by 1
check or money order.
``(D) Increase in fees.--For calendar year 2007 and each
subsequent calendar year, the dollar amounts in subparagraph
(B) may be increased by an amount equal to--
``(i) such dollar amount; multiplied by
``(ii) the percentage by which the average of the Consumer
Price Index for all urban consumers (United States city
average) for the 12-month period ending with August of the
preceding calendar year exceeds such average for the 12-month
period ending with August 2005.
``(5) Employment verification program.--
``(A) In general.--Not later than 12 months after the date
of enactment of this paragraph, the Secretary of Homeland
Security shall establish a mandatory employment verification
program for all employers of H-2A workers to verify the
eligibility of all individuals hired by each such employer,
including those who present an H-2A visa to work in the
United States.
``(B) Employer compliance.--Each employer of an H-2A worker
shall comply with the requirements promulgated by the
Secretary of Homeland Security to verify the identity and
employment eligibility of all individuals hired.
``(C) Regulations.--In carrying out the program under this
paragraph, the Secretary of Homeland Security shall
promulgate regulations to require each employer to verify the
employment eligibility of each employee hired through--
``(i) a secure Internet site;
``(ii) a machine capable of reading the H-2A visa, which
shall serve as the identification and employment eligibility
document for each H-2A alien; or
``(iii) a toll-free telephone number to check the accuracy
of any social security number presented to the employer.
``(6) Employer-based application for permanent residence.--
``(A) In general.--The employer of a Level II H-2A worker
who has been employed in such status for not less than 5
years may file an application for an employment-based
adjustment of status under section 245(k) for such worker.
``(B) Effect of application.--A Level II H-2A worker for
whom an application is filed under subparagraph (A) may
continue to be employed in such status until--
``(i) such application has been adjudicated; or
``(ii) such worker has violated any provision of this
section.
``(i) Failure to Meet Conditions.--
``(1) In general.--The Secretary of Labor shall be
responsible for conducting investigations and random audits
of employer work sites to ensure compliance with the
requirements of the H-2A program and all other requirements
under this Act. All monetary fines levied against violating
employers shall be paid to the Department of Labor and used
to enhance the Department of Labor's investigatory and
auditing power.
``(2) Penalties for failure to meet conditions.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, a failure to meet any condition under subsection
(b), or a material misrepresentation of fact in a petition
under subsection (b)--
``(A) the Secretary of Labor--
``(i) shall notify the Secretary of Homeland Security of
such finding; and
``(ii) may 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
``(B) the Secretary of Homeland Security may disqualify the
employer from the employment of H-2A workers for a period of
1 year.
``(3) Penalties for willful failure.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
willful failure to meet a material condition of subsection
(b) or a willful misrepresentation of a material fact in a
petition under subsection (b)--
``(A) the Secretary of Labor--
``(i) shall notify the Secretary of Homeland Security of
such finding; and
``(ii) may 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; and
``(B) the Secretary of Homeland Security may--
``(i) disqualify the employer from the employment of H-2A
workers for a period of 2 years;
``(ii) for a second violation, disqualify the employer from
the employment of H-2A workers for a period of 5 years; and
``(iii) for a third violation, permanently disqualify the
employer from the employment of H-2A workers.
``(4) Penalties for displacement of united states
workers.--If the Secretary of Labor finds, after notice and
opportunity for a hearing, a willful failure to meet a
material condition of subsection (b) or a willful
misrepresentation of a material fact in a petition under
subsection (b), 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 petition under subsection (b),
or during the period of 30 days preceding such period of
employment--
``(A) the Secretary of Labor--
``(i) shall notify the Secretary of Homeland Security of
such finding; and
``(ii) may 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
``(B) the Secretary of Homeland Security may--
``(i) disqualify the employer from the employment of H-2A
workers for a period of 5 years; and
``(ii) for a second violation, permanently disqualify the
employer from the employment of H-2A workers.
``(5) Limitations on civil money penalties.--The Secretary
of Labor may not impose total civil money penalties with
respect to a petition under subsection (b) in excess of
$90,000.
``(j) Failure to Pay Wages or Required Benefits.--
``(1) In general.--The Secretary of Labor shall be
responsible for conducting investigations and random audits
of employer work sites to ensure compliance with the
requirements of the H-2A program.
``(2) Assessment.--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 attested by the employer under subsection (b)(2),
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.
``(3) Amount.--The back wages or other required benefits
described in paragraph (2)--
``(A) shall be equal to the difference between the amount
that should have been paid and the amount that was paid to
such worker; and
``(B) shall be distributed to the worker to whom such wages
are due.
``(k) Minimum Wages, Benefits, and Working Conditions.--
``(1) Preferential treatment of aliens prohibited.--
``(A) In general.--Each employer seeking to hire United
States workers shall offer such workers not less than the
same benefits, wages, and working conditions that the
employer is offering, intends to offer, or will provide to H-
2A workers. 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. The benefits, wages, and other
terms and conditions of employment described in this
subsection shall be provided in connection with employment
under this section.
``(B) Interpretation.--Every interpretation and
determination made under this section or under any other law,
regulation, or interpretative provision regarding the nature,
scope, and timing of the provision of these and any other
benefits, wages, and other terms and conditions of employment
shall be made so that--
``(i) the services of workers to their employers and the
employment opportunities afforded to workers by the
employers, including those employment opportunities that
require United States workers or H-2A workers to travel or
relocate in order to accept or perform employment--
``(I) mutually benefit such workers, as well as their
families, and employers; and
``(II) principally benefit neither employer nor employee;
and
``(ii) employment opportunities within the United States
benefit the United States economy.
``(2) Required wages.--
[[Page S10205]]
``(A) In general.--Each employer applying for workers under
subsection (b) shall pay not less than the greater of--
``(i) the prevailing wage to all workers in the occupation
for which the employer has applied for workers; or
``(ii) the applicable State minimum wage.
``(B) Wages for level ii h-2a workers.--Each employer
applying for Level II H-2A workers under subsection (b) shall
pay such workers not less than the prevailing wage, as
determined by the Secretary of Labor.
``(C) Determination of wages.--An employer seeking to
comply with subparagraph (A) may--
``(i) request and obtain a prevailing wage determination
from the State employment agency; or
``(ii) rely on other wage information, including a survey
of the prevailing wages of workers in the occupation in the
area of employment that has been conducted or funded by the
employer or a group of employers, using the methodology used
by the Secretary of Labor to establish Occupational
Employment and Wage estimate, and any other criteria
specified in regulations issued by the Secretary of Labor.
``(D) Compliance.--An employer shall be considered to have
complied with the requirement under subparagraph (A) if the
employer--
``(i)(I) obtains a prevailing wage determination under
subparagraph (C)(i); or
``(II) relies on a qualifying survey of prevailing wages;
and
``(ii) pays such prevailing wage.
``(3) Housing requirement.--
``(A) In general.--Except as provided under subparagraph
(F), each employer applying for workers under subsection (b)
shall offer to provide housing at no cost to--
``(i) all workers in job opportunities for which the
employer has applied under subsection (b); and
``(ii) all other workers in the same occupation at the same
place of employment, whose place of residence is beyond
normal commuting distance.
``(B) Compliance.--An employer meets the requirement under
subparagraph (A) if the employer--
``(i) provides the workers with housing that meets
applicable Federal standards for temporary labor camps; or
``(ii) secures housing for the workers that--
``(I) meets applicable local standards for rental or public
accommodation housing, or other substantially similar class
of habitation; or
``(II) in the absence of applicable local standards, meets
State standards for rental or public accommodation housing or
other substantially similar class of habitation.
``(C) Inspection.--The employer may request a certificate
of inspection by an approved Federal or State agency to the
Secretary of Labor not later than 28 days before a worker is
scheduled to occupy housing described in subparagraph (B).
Such an inspection, and any necessary follow up, including at
least 1 follow up visit, shall be performed by the Wage and
Hour Division of the Department of Labor in a timely manner
not later than 28 days after such a request.
``(D) Rulemaking.--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) Construction.--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 under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Housing allowance.--
``(i) Authority.--If the Governor of a 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 in agricultural work, an employer in such
State may, in lieu of offering housing pursuant to
subparagraph (A), provide a reasonable housing allowance. An
employer who provides a housing allowance to a worker shall
not be required to reserve housing accommodations for the
worker.
``(ii) Assistance in locating housing.--Upon the request of
a worker seeking assistance in locating housing, an employer
providing a housing allowance under clause (i) shall make a
good faith effort to assist the worker in identifying and
locating housing in the area of intended employment.
``(iii) Limitation.--A housing allowance may not be used
for housing that is owned or controlled by the employer. 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 Protect Act (29 U.S.C. 1823)
solely by virtue of providing such housing allowance.
``(iv) Other requirements.--
``(I) Nonmetropolitan county.--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
state-wide 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 county.--If the place of employment of
the workers provided an allowance under this subparagraph 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.
``(v) Information.--If the employer provides a housing
allowance to H-2A employees, the employer shall provide a
list to the Secretary of Homeland Security and the Secretary
of Labor of the names and local addresses of such workers.
``(4) Reimbursement of transportation costs.--
``(A) Requirement for reimbursement.--A worker who
completes 50 percent of the period of employment of the job
for which the worker was hired, beginning on the first day of
such employment, shall be reimbursed by the employer for the
cost of the worker's transportation and subsistence from--
``(i) the place from which the worker was approved to enter
the United States to the location at which the work for the
employer is performed; or
``(ii) if the worker traveled from a place in the United
States at which the worker was last employed, from such place
of last employment to the location at which the work for the
employer is performed.
``(B) Timing of reimbursement.--Reimbursement to the worker
of expenses for the cost of the worker's transportation and
subsistence to the place of employment under subparagraph (A)
shall be considered timely if such reimbursement is made not
later than the worker's first regular payday after a worker
completes 50 percent of the period of employment of the job
opportunity as provided under this paragraph.
``(C) Additional reimbursement.--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 work site to the
place where the worker was approved to enter the United
States to work for the employer. If the worker has contracted
with a subsequent employer, the previous and subsequent
employer shall share the cost of the worker's transportation
and subsistence from work site to work site.
``(D) Amount of reimbursement.--The amount of reimbursement
provided to a worker or alien under this paragraph shall be
equal to 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.
``(E) Reimbursement for laid off workers.--If the worker is
laid off or employment is terminated for contract
impossibility (as described in paragraph (5)(D)) before the
anticipated ending date of employment, the employer shall
provide--
``(i) the transportation and subsistence required under
subparagraph (C); and
``(ii) notwithstanding whether the worker has completed 50
percent of the period of employment, the transportation
reimbursement required under subparagraph (A).
``(F) Transportation.--The employer shall provide
transportation between the worker's living quarters and the
employer's work site without cost to the worker in accordance
with applicable laws and regulations.
``(G) Construction.--Nothing in this paragraph shall be
construed to require an employer to reimburse visa, passport,
consular, or international border-crossing fees incurred by
the worker or any other fees associated with the worker's
lawful admission into the United States to perform
employment.
``(5) Employment guarantee.--
``(A) In general.--
``(i) Requirement.--Each employer applying for workers
under subsection (b) shall guarantee to offer the worker
employment for the hourly equivalent of not less than 75
percent of the work hours during the total anticipated 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.
``(ii) Failure to meet guarantee.--If the employer affords
the United States worker or the H-2A worker less employment
than that required under this subparagraph, the employer
shall pay such worker the amount which the worker would have
earned if the worker had worked for the guaranteed number of
hours.
``(iii) Period of employment.--For purposes of this
subparagraph, the term `period of employment' means the total
number of anticipated work hours and work days described in
the job offer and shall exclude the worker's Sabbath and
Federal holidays.
``(B) Calculation of hours.--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
[[Page S10206]]
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) Limitation.--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 75
percent guarantee described in subparagraph (A).
``(D) Termination of employment.--
``(i) In general.--If, before the expiration of the period
of employment specified in the job offer, the services of the
worker are no longer required due to any form of natural
disaster, including flood, hurricane, freeze, earthquake,
fire, drought, plant or animal disease, pest infestation,
regulatory action, or any other reason beyond the control of
the employer before the employment guarantee in subparagraph
(A) is fulfilled, the employer may terminate the worker's
employment.
``(ii) Requirements.--If a worker's employment is
terminated under clause (i), the employer shall--
``(I) fulfill the employment guarantee in subparagraph (A)
for the work days that have elapsed during the period
beginning on the first work day after the arrival of the
worker and ending on the date on which such employment is
terminated; and
``(II) make efforts to transfer the United States worker to
other comparable employment acceptable to the worker.
``(l) Disqualification.--
``(1) In general.--Subject to paragraph (2), 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
previous 5 years, violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission.
``(2) Waivers.--
``(A) In general.--An alien seeking admission under section
101(a)(15)(H)(ii)(a) while outside of the United States shall
not be deemed inadmissible under such section by reason of--
``(i) paragraph (1);
``(ii) section 212(a)(6)(C), if such alien has previously
falsely represented himself or herself to be a citizen of the
United States for the purpose of agricultural employment; or
``(iii) section 212(a)(9)(B), unless such alien was
deported from the United States.
``(B) Effective period of waiver.--If an alien is admitted
to the United States as a result of a waiver under
subparagraph (A), such waiver shall remain in effect until
the alien subsequently violates--
``(i) a material provision of this section; or
``(ii) a term or condition of admission into the United
States as a nonimmigrant.
``(m) Period of Admission.--
``(1) In general.--An H-2A alien shall be admitted for an
11-month period of employment, excluding--
``(A) a period of not more than 7 days before the beginning
of the period of employment for the purpose of travel to the
work site; and
``(B) a period of not more than 14 days after the period of
employment for the purpose of departure or extension based on
a subsequent offer of employment.
``(2) Employment limitation.--An alien may not be employed
during the 14-day period described in paragraph (1)(B) except
in the employment for which the alien was previously
authorized.
``(3) Construction.--Nothing in this subsection shall limit
the authority of the Secretary of Homeland Security to extend
the stay of an alien under any other provision of this Act.
``(n) 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--
``(A) shall have failed to maintain nonimmigrant status as
an H-2A worker; and
``(B) shall depart the United States or be subject to
removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--Not later than 24 hours after
the premature abandonment of employment by an H-2A worker,
the employer or association acting as an agent for the
employer shall notify the Secretary of Homeland Security of
such abandonment.
``(3) Removal.--The Secretary of Homeland Security shall
ensure the prompt removal from the United States of 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 the alien's
employment if the alien promptly departs the United States
upon termination of such employment.
``(o) Replacement of Alien.--
``(1) In general.--Upon notification under subsection
(n)(2)--
``(A) the Secretary of State shall promptly issue a visa to
an eligible alien designated by the employer to replace an H-
2A worker who abandons or prematurely terminates employment;
and
``(B) the Secretary of Homeland Security shall admit such
alien into the United States.
``(2) Construction.--Nothing in this subsection shall limit
any preference for which United States workers are eligible
under this Act.
``(p) Identification Document.--
``(1) In general.--The Secretary of Homeland Security shall
provide each alien authorized to be an H-2A worker with a
single machine-readable, tamper-resistant, and counterfeit-
resistant document that--
``(A) authorizes the alien's entry into the United States;
``(B) serves, for the appropriate period, as an employment
eligibility document; and
``(C) verifies the identity of the alien through the use of
at least 1 biometric identifier.
``(2) Requirements.--The document required for all aliens
authorized to be an H-2A worker--
``(A) shall be capable of reliably determining whether--
``(i) the individual with the document is in fact eligible
for employment as an H-2A worker;
``(ii) the individual with the document is not claiming the
identity of another person; and
``(iii) the individual with the document is authorized to
be admitted into the United States; and
``(B) shall be compatible with--
``(i) other databases of the Secretary of Homeland Security
to prevent an alien from obtaining benefits for which the
alien is not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) law enforcement databases to determine if the alien
has been convicted of criminal offenses.
``(q) Extension of Stay of H-2A Workers in the United
States.--
``(1) Extension of stay.--
``(A) Authority.--An employer may petition to extend an H-
2A worker's stay for up to 2 consecutive contract periods
before the alien is required to return to the alien's country
of nationality or country of last residence.
``(B) Request an extension.--If an employer seeks to
employ, or continue to employ, an H-2A worker who is lawfully
present in the United States, the employer or association
shall request an extension of the alien's stay not later than
14 days before the expiration of the period of authorized
employment.
``(C) Limitations.--An extension of stay under this
subsection--
``(i) may only commence upon the termination of the H-2A
worker's contract with an employer;
``(ii) may be effective immediately following the
termination of a prior contract; and
``(iii) may not exceed 11 months, excluding the 14-day
period provided for travel or extension due to subsequent
employment.
``(D) Return to foreign country.--
``(i) Requirement to return.--At the conclusion of 3
contract periods authorized under this section, the alien so
employed may not be employed in the United States as an H-2A
worker until the alien has returned to the alien's country of
nationality or country of last residence for a period of not
less than 6 months.
``(ii) Reentry.--The alien may become eligible for reentry
into the United States as an H-2A worker after working in the
United States for 2 contract periods and remaining the
alien's country of nationality or country of last residence
for not less than 4 months. The alien may also be eligible
for re-entry to the United States as an H-2A worker after
working in the United States for 1 contract period and
remaining in the alien's country of nationality or country of
last residence for not less than 2 months.
``(2) Work authorization.--
``(A) In general.--An alien who is lawfully present in the
United States on the date of the filing of a petition to
extend the stay of the alien may commence or continue the
employment described in a petition under paragraph (1). The
employer shall provide a copy of the employer's petition for
extension of stay to the alien. The alien 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.
``(B) Employment eligibility document.--Upon approval of a
petition for an extension of stay or change in the alien's
authorized employment, the Secretary of Homeland Security
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.
``(C) File defined.--In this paragraph, the term `file'
means sending the petition by certified mail via the United
States Postal Service, return receipt requested, or
delivering by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of the
date of receipt of the petition for an extension of stay.
``(r) Special Rule for Aliens Employed as Livestock
Workers.--Notwithstanding any other provision of this
section, an alien admitted as an H-2A worker for employment
as a sheepherder, goatherder, livestock worker, or dairy
worker may be admitted for a period of up to 2 years.
``ADMISSION OF CROSS-BORDER H-2AA WORKERS
``Sec. 218A. (a) Definition.--In this section, the term
`H-2AA worker' means a nonimmigrant described in section
101(a)(15)(H)(ii)(a) who participates in the cross-border
worker program established under this section.
[[Page S10207]]
``(b) Incorporation by Reference.--
``(1) In general.--Except as specifically provided under
paragraph (2), the provisions under section 218 shall apply
to H-2AA workers.
``(2) Exceptions.--The provisions under subsections
(b)(1)(B), (k)(2)(B), (k)(3), (k)(4) (except for subparagraph
(G)), and (r) of section 218 shall not apply to H-2AA
workers.
``(c) Mandatory Entry and Exit.--An H-2AA worker who
complies with the provisions of this section--
``(1) may enter the United States each scheduled work day,
in accordance with regulations promulgated by the Secretary
of Homeland Security; and
``(2) shall exit the United States before the end of each
day of such entrance.''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is adding after the item
relating to section 218 the following:
``Sec. 218A. Admission of cross-border H-2AA workers.''.
(b) Rulemaking.--
(1) Issuance of visas.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State shall
promulgate regulations, in accordance with the notice and
comment provisions of section 553 of title 5, United States
Code, to provide for uniform procedures for the issuance of
visas by United States consulates and consular officials to
nonimmigrants described in section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)).
(2) H-2AA border crossings.--The Secretary of Homeland
Security shall promulgate regulations to establish a process
for workers authorized to work in the United States under
section 218A of the Immigration and Nationality Act, as added
by subsection (a), to ensure that such workers expeditiously
enter and exit the United States during each work day.
(c) Effective Date.--The amendment made by this section
shall take effect on the date that is 180 days after the date
of enactment of this Act.
SEC. 223. LEGAL ASSISTANCE FROM THE LEGAL SERVICES
CORPORATION.
Section 504 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1854) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Legal Assistance.--(1) Upon application by a
complainant and in such circumstances as the court may deem
just, the court may appoint an attorney for such complainant
and may authorize the commencement of the action.
``(2) The Legal Services Corporation may not provide legal
assistance for or on behalf of any alien, and may not provide
financial assistance to any person or entity that provides
legal assistance for or on behalf of any alien, unless the
alien--
``(A) is described in subsection (a); and
``(B) is present in the United States at the time the legal
assistance is provided.
``(3)(A) No party may bring a civil action for damages or
other complaint on behalf of a nonimmigrant described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) unless--
``(i) the party makes a request to the Federal Mediation
and Conciliation Service or an equivalent State program (as
defined by the Secretary of Labor) not later than 90 days
before bringing the action to assist the parties in reaching
a satisfactory resolution of all issues involving parties to
the dispute; and
``(ii) the parties to the dispute have attempted, in good
faith, mediation or other non-binding dispute resolution of
all issues involving all such parties.
``(B) If the mediator finds that an agricultural employer,
agricultural association, or farm labor contractor has
corrected a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1854) or of a
regulation under such Act not later than 14 days after the
date on which such agricultural employer, agricultural
association, or farm labor contractor was notified in writing
of such violation, no action may be brought under such Act
with respect to such violation.
``(C) Any settlement reached through the mediation process
described in subparagraph (A) shall preclude any right of
action arising out of the same facts between the parties in
any Federal or State court or administrative proceeding.
``(4) An employer of a nonimmigrant described in section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall not be required to
permit any recipient of grants or contracts under section
1007 of the Legal Services Corporation Act (42 U.S.C. 2996f),
or any employee of such recipient, to enter upon the
employer's property unless such recipient or employee has a
prearranged appointment with a particular worker.
``(5) The employer of a nonimmigrant described in section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall post the contact
information of the Legal Services Corporation in the dwelling
and at the work site of each nonimmigrant employee.
``(6) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out this
subsection.''; and
(2) by adding at the end the following:
``(g)(1) If a defendant prevails in an action under this
section in which the plaintiff is represented by an attorney
who is employed by the Legal Services Corporation or any
entity receiving funds from the Legal Services Corporation,
such entity or the Legal Services Corporation shall award to
the prevailing defendant fees and other expenses incurred by
the defendant in connection with the action.
``(2) As used in this subsection, the term `fees and other
expenses' has the meaning given the term in section
504(b)(1)(A) of title 5, United States Code.
``(3) The court shall take whatever steps necessary,
including the imposition of sanctions, to ensure compliance
with this subsection.''.
Subtitle C--Blue Card Program
SEC. 231. ADMISSION OF NECESSARY AGRICULTURAL WORKERS.
(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 218A, as added by section 222, the
following:
``BLUE CARD PROGRAM
``Sec. 218B. (a) Definitions.--As used in this section--
``(1) the term `agricultural employment' means any service
or activity that is considered agricultural under section
3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)), agricultural labor under section 3121(g) of the
Internal Revenue Code of 1986 (26 U.S.C. 3121(g)), and labor
and services relating to commodities, livestock, dairy,
forestry, landscaping, fishing, and the processing of meat,
poultry, and fish;
``(2) the term `blue card status' means the status of an
alien who has been--
``(A) lawfully admitted for a temporary period for
agricultural employment under subsection (b); and
``(B) issued a tamper-resistant, machine-readable document
that--
``(i) serves as the alien's visa, employment authorization,
and travel documentation; and
``(ii) contains such biometrics as are required by the
Secretary;
``(3) the term `employer' means any person or entity,
including any farm labor contractor and any agricultural
association, that employs workers in agricultural employment;
``(4) the term `Secretary' means the Secretary of Homeland
Security; and
``(5) the term `United States worker' means any worker,
including a national of the United States, a lawfully
admitted permanent resident alien, and any other alien
authorized to work in the relevant job opportunity within the
United States, except--
``(A) an alien admitted or otherwise provided status under
section 101(a)(15)(H)(ii)(a);
``(B) an alien admitted or otherwise provided status as an
H-2AA worker; and
``(C) an alien provided status under this section.
``(b) Blue Card Program.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may confer blue card status upon an alien
who qualifies under this subsection if, not later than 6
months after the date of enactment of this section, the
petitioning employer attests and the Secretary determines
that the alien--
``(A) performed at least 1600 hours of agricultural
employment in the United States for that employer during
2005;
``(B) except as otherwise provided under paragraph (2), is
otherwise admissible to the United States under section 212;
and
``(C) has never been convicted of a felony or a misdemeanor
in the United States.
``(2) Determination.--In determining an alien's eligibility
for Blue Card status, the Secretary shall--
``(A) conduct a background investigation of the alien,
including a review of evidence submitted by the petitioning
employer in support of the attestation that the alien meets
the minimum work requirements; and
``(B) interview the alien and require the alien to answer
questions concerning the alien's--
``(i) physical and mental health;
``(ii) criminal history and gang membership;
``(iii) immigration history;
``(iv) involvement with groups or individuals that have
engaged in terrorism, genocide, persecution, or who seek the
overthrow of the United States government;
``(v) voter registration history;
``(vi) claims to United States citizenship; and
``(vii) tax history.
``(3) Waiver of certain grounds for inadmissibility.--In
determining an alien's eligibility for blue card status under
paragraph (1)(C)--
``(A) the provisions of paragraphs (5), (6)(A), (7)(A), and
(9)(B) of section 212(a) shall not apply;
``(B) the provisions of section 212(a)(6)(C) shall not
apply with respect to prior or current agricultural
employment; and
``(C) the Secretary may not waive paragraph (1),(2), or (3)
of section 212(a) unless such waiver is permitted under
another provision of law.
``(4) Petitions.--
``(A) In general.--An employer seeking blue card status
under this section for an alien employee shall file a named
petition for blue card status with the Secretary.
``(B) Employer petition.--An employer filing a petition
under subparagraph (A) shall--
``(i) pay a registration fee of $3,000;
[[Page S10208]]
``(ii) pay a processing fee to cover the actual costs
incurred in adjudicating the petition;
``(iii) include an affidavit signed by the beneficiary of
the petition--
``(I) that certifies, under penalty of perjury under the
laws of the United States, that the application and any
evidence submitted with it is true and correct and that
authorizes the release of any information contained in the
petition and attached evidence for law enforcement purposes;
and
``(II) that includes a waiver of rights that explains to
the alien that, in exchange for the discretionary benefit of
Blue Card status, the alien agrees to waive any right to
administrative or judicial review or appeal of a
determination by the Department of Homeland Security
regarding the alien's eligibility for Blue Card status; and
``(iv) provide an attestation, valid for not less than 60
days, that the employer--
``(I) conducted adequate recruitment in the area of
intended employment before filing the petition; and
``(II) was unsuccessful in locating qualified United States
workers for the job opportunity for which the certification
is sought.
``(C) Adequate recruitment.--
``(i) Minimum requirement.--The adequate recruitment
requirement under subparagraph (B)(iii) is satisfied if the
employer--
``(I) places a job order with the America's Job Bank
Program of the Department of Labor; and
``(II) places a Sunday advertisement in a newspaper of
general circulation that is likely to be patronized by a
potential worker in the area of intended employment.
``(ii) Advertisement requirement.--An advertisement under
clause (i)(II) shall--
``(I) name the employer;
``(II) direct applicants to report or send resumes, as
appropriate for the occupation, to the employer;
``(III) provide a description of the vacancy that is
specific enough to apprise United States workers of the job
opportunity for which certification is sought;
``(IV) describe the geographic area with enough specificity
to apprise applicants of any travel requirements and where
applicants will likely have to reside to perform the job;
``(V) state the rate of pay, which must equal or exceed the
wage paid to the H-2A employees in the occupation in the area
of intended employment; and
``(VI) offer wages, terms, and conditions of employment,
which are at least as favorable as those offered to the
alien.
``(D) Adjudication of petitions.--The Secretary of Homeland
Security shall ensure that--
``(i) the petitioning process is secure and incorporates
anti-fraud protections; and
``(ii) all petitions for Blue Card status are processed not
later than 12 months after the date of enactment of this
section.
``(E) Notification of adjudication.--The Secretary shall
provide notification of an adjudication of a petition filed
for an alien to the alien and to the employer who filed such
petition.
``(F) Effect of denial.--If the Secretary denies a petition
filed for an alien, such alien shall return to the country of
the alien's nationality or last residence outside the United
States.
``(5) Blue card status.--
``(A) Blue card.--
``(i) All-in-one card.--The Secretary, in conjunction with
the Secretary of State, shall develop a single machine-
readable, tamper-resistant document that--
``(I) authorizes the alien's entry into the United States;
``(II) serves, during the period an alien is in blue card
status, as an employment authorized endorsement or other
appropriate work permit for agricultural employment; and
``(III) serves as an entry and exit document to be used in
conjunction with a proper visa or as a visa and as other
appropriate travel and entry documentation using biometric
identifiers that meet the biometric identifier standards
jointly established by the Secretary of State and the
Secretary.
``(ii) Biometrics.--
``(I) Submission of identifiers.--After a petition is filed
by an employer and receipt of such petition is confirmed by
the Secretary, the alien, in order to further adjudicate the
petition, shall submit 2 biometric identifiers (such as a
fingerprint and a digital photograph), as required by the
Secretary, to an application support center, which the
Secretary shall establish in each State.
``(II) Process.--The Secretary shall prescribe a process
for the submission of a biometric identifier to be
incorporated electronically into an employer's prior
electronic filing of a petition. The Secretary shall
prescribe an alternative process for employers to file a
petition in a manner other than electronic filing, as needed.
``(B) Document requirements.--The Secretary shall issue a
blue card that is--
``(i) capable of reliably determining if the individual
with the blue card whose eligibility is being verified is--
``(I) eligible for employment;
``(II) claiming the identity of another person; and
``(III) authorized to be admitted; and
``(ii) compatible with--
``(I) other databases maintained by the Secretary to
exclude aliens from benefits for which the aliens are not
eligible and determine whether the alien is unlawfully
present in the United States; and
``(II) law enforcement databases to determine if the alien
has been convicted of criminal offenses.
``(C) Authorized travel.--
``(i) In general.--An alien may make brief visits outside
the United States during the period in which the alien is in
blue card status, in accordance with such regulations as are
established by the Secretary, in conjunction with the
Secretary of State.
``(ii) Readmission.--An alien may be readmitted to the
United States after a visit described in clause (i) without
having to obtain a visa if the alien presents the alien's
blue card document.
``(iii) Effect of travel.--Such periods of time spent
outside the United States shall not cause the period of blue
card status in the United States to be extended.
``(D) Portability.--
``(i) In general.--During the period in which an alien is
in blue card status, the alien issued a blue card may accept
new employment upon the Secretary's receipt of a petition
filed by an employer on behalf of the alien. Employment
authorization shall continue for such alien until such
petition is adjudicated.
``(ii) Effect of denial.--If a petition filed under clause
(i) is denied and the alien has ceased employment with the
previous employer, the authorization under clause (i) shall
terminate and the alien shall be required to return to the
country of the alien's nationality or last residence.
``(iii) Fee.--A fee may be required by the Secretary to
cover the actual costs incurred in adjudicating a petition
under this subparagraph. No other fee may be required under
this subparagraph.
``(E) Annual check in.--The employer of an alien in blue
card status who has been employed for 1 year in blue card
status shall confirm the alien's continued status with the
Secretary electronically or in writing. Such confirmation
will not require a further labor attestation.
``(F) Termination of blue card status.--The Secretary may
terminate the blue card status of an alien upon a
determination by the Secretary that--
``(i) without the appropriate waiver, the granting of blue
card status was the result of fraud or willful
misrepresentation (as described in section 212(a)(6)(C)(i);
``(ii) the alien is convicted of a felony or a misdemeanor
committed in the United States; or
``(iii) the alien is deportable or inadmissible under any
other provision of this Act.
``(6) Period of authorized admission.--
``(A) In general.--An alien may be granted blue card status
for a period not to exceed 2 years.
``(B) Return to country.--At the end of the period referred
to in subparagraph (A), the alien shall return to the country
of nationality or last residence.
``(C) Eligibility for nonimmigrant visa.--Upon returning to
the country of nationality or last residence under
subparagraph (B), the alien may apply for an H-2A visa, an H-
2AA visa, or any other nonimmigrant visa.
``(D) Reporting requirement.--Not later than 24 hours after
an alien with blue card status ceases to be employed by an
employer, such employer shall notify the Secretary of such
cessation of employment. The Secretary shall provide
electronic means for making such notification.
``(E) Loss of employment.--
``(i) In general.--The blue card status of an alien shall
terminate if the alien is not employed for 60 or more
consecutive days.
``(ii) Return to country.--An alien whose period of
authorized admission terminates under clause (i) shall return
to the country of the alien's nationality or last residence.
``(7) Grounds for eligibility.--
``(A) Bar to future visas for condition violations.--If an
alien having blue card status violates any term or condition
of such status, the alien shall not be eligible for such
status or for future immigrant and non-immigrant status, as
determined by the Secretary.
``(B) Aliens in h-2a status.--Any alien in lawful H-2A
status between January 1, 2005 and December 31, 2006 shall be
ineligible for blue card status.
``(8) Bar of change or adjustment of status.--
``(A) In general.--An alien having blue card status shall
not be eligible to change or adjust status in the United
States.
``(B) Loss of eligibility.--An alien having blue card
status shall lose eligibility for such status if the alien--
``(i) files a petition to adjust status to legal permanent
residence in the United States; or
``(ii) requests a consular processing for an immigrant or
non-immigrant visa outside the United States.
``(9) Judicial review.--There shall be no judicial review
of a denial of blue card status.
``(c) Safe Harbor.--
``(1) Safe harbor for alien.--An alien for whom a
nonfrivolous petition is filed under this section--
``(A) shall be granted employment authorization pending
final adjudication of the petition;
``(B) may not be detained, determined inadmissible, or
deportable, or removed pending final adjudication of the
petition for blue card status, unless the alien commits an
act which renders the alien ineligible for such blue card
status; and
``(C) may not be considered an unauthorized alien (as
defined in section 274(h)(3)) if
[[Page S10209]]
the alien is in possession of a copy of a petition for status
until such petition is adjudicated.
``(2) Safe harbor for employer.--
``(A) Tax liability.--An employer that files a petition for
blue card status for an alien shall not be subject to civil
and criminal tax liability relating directly to the
employment of such alien.
``(B) Employment records.--An employer that provides
unauthorized aliens with copies of employment records or
other evidence of employment pursuant to the petition shall
not be subject to civil and criminal liability pursuant to
section 274A for employing such authorized aliens.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 218A, as added by section 222,
the following:
``Sec. 218B. Blue card program.''.
(c) Penalties for False Statements.--Section 1546 of title
18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Any person, including the alien who is the
beneficiary of a petition, who--
``(1) files a petition under section 218B(b)(3) of the
Immigration and Nationality Act; and
``(2)(A) knowingly and willfully falsifies, conceals, or
covers up a material fact related to such a petition;
``(B) 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 related to such a petition;
or
``(C) creates or supplies a false writing or document for
use in making such a petition,
shall be fined in accordance with this title, imprisoned not
more than 5 years, or both.''.
SEC. 232. EFFECTIVE DATE.
This subtitle shall take effect on the date that is 6
months after the date of enactment of this Act.
______
SA 5054. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 5028 submitted by Mr. Salazar (for himself, Mr. Kennedy,
Mr. Lieberman, Mr. Obama, Mr. Reid, Mr. Leahy, Mr. Durbin, and Mr.
Carper) and intended to be proposed 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:
Beginning on page 688, strike line 9 and all that follows
through page 689, line 7.
______
SA 5055. 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 2, line 1, insert ``, consistent with and subject
to all applicable regulations, laws, and provisions of the
Constitution,'' after ``appropriate''.
______
SA 5056. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 5036 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; which was ordered to lie on the table; as
follows:
On page 96, after line 19, add the following:
SEC. 11. EXPEDITED REVIEW.
(a) In General.--
(1) Three-judge district court hearing.--Any civil action
challenging the legality of any provision of, or any
amendment made by, this Act, shall be heard by a 3-judge
panel in the United States District Court for the District of
Columbia convened under section 2284 of title 28, United
States Code. The exclusive venue for expedited review under
this section shall be the United States District Court for
the District of Columbia.
(2) Appellate review.--An interlocutory or final judgment,
decree, or order of the court of 3 judges in an action under
paragraph (1) shall be reviewable as a matter of right by
direct appeal to the Supreme Court of the United States. Any
such appeal shall be taken by a notice of appeal filed not
later than 10 calendar days after such order or judgment is
entered and the jurisdictional statement shall be filed not
later than 30 calendar days after such order or judgment is
entered.
(3) Expedited consideration.--It shall be the duty of the
District Court for the District of Columbia and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of
any matter brought under paragraph (1).
(b) Other Provision.--Notwithstanding any other provision
of this Act, section 950k(b) of title 10, United States Code,
shall read as follows:
``(b) Review of Military Commission Procedures and
Actions.--Except as otherwise provided in this chapter or
section 11 of the Military Commissions Act of 2006, and
notwithstanding any other provision of law (including section
2241 of title 28 or any other habeas corpus provision), no
court, justice, or judge shall have jurisdiction to hear or
consider any claim or cause of action whatsoever, including
any action pending on or filed after the date of the
enactment of the Military Commissions Act of 2006, relating
to the prosecution, trial, or judgment of a military
commission under this chapter, including challenges to the
lawfulness of procedures of military commissions under this
chapter.''.
______
SA 5057. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 5036 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; which was ordered to lie on the table; as
follows:
At the end, add the following:
SEC. 11. ANNUAL REPORT ON INTERROGATION OF ALIEN UNLAWFUL
ENEMY COMBATANTS UNDER CUSTODY OR CONTROL OF
THE UNITED STATES.
(a) Annual Report Required.--Not later than January 31 each
year, the Director of National Intelligence shall submit to
Congress a report on the interrogation of alien unlawful
enemy combatants under the custody or control of the United
States during the preceding calendar year.
(b) Elements.--Each report under subsection (a) shall set
forth, for the year covered by such report, the following:
(1) The types of interrogation methods utilized.
(2) The types of information gathered as a result of the
interrogations.
(c) Form of Reports.--
(1) Intelligence committees.--Each report under subsection
(a) shall be provided to all members of the Select Committee
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives in
the form of a written and oral classified briefing.
(2) Congress generally.--Each report under subsection (a)
shall be otherwise submitted to Congress in unclassified
form, with a classified annex if appropriate.
(d) Unlawful Enemy Combatant Defined.--In this section, the
term ``unlawful enemy combatant'' has the meaning given that
term in section 948a(1) of title 10, United States Code, as
amended by section 3 (as added by Senate amendment No. 5036).
______
SA 5058. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 5036 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; which was ordered to lie on the table; as
follows:
On page 83, strike line 1 and all that follows through page
93, line 4, and insert the following:
SEC. 6. REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL
CODE.
(a) In General.--Section 2441 of title 18, United States
Code, is amended--
(1) in subsection (c), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) which constitutes a grave breach of common Article 3
(as defined in subsection (d)) when committed in the context
of and in association with an armed conflict not of an
international character; or''; and
(2) by adding at the end the following new subsection:
``(d) Common Article 3 Violations.--
``(1) Grave breach of common article 3.--In subsection
(c)(3), the term `grave breach of common Article 3' means any
conduct (such conduct constituting a grave breach of common
Article 3 of the international conventions done at Geneva
August 12, 1949), as follows:
``(A) Torture.--The act of a person who commits, or
conspires or attempts to commit, an act specifically intended
to inflict severe physical or mental pain or suffering (other
than pain or suffering incidental to lawful sanctions) upon
another person within his custody or physical control for the
purpose of obtaining information or a confession, punishment,
intimidation, coercion, or any reason based on discrimination
of any kind.
``(B) Cruel, unusual, or inhumane treatment or
punishment.--The act of a person who subjects another person
in the custody or under the physical control of the United
States Government, regardless of nationality or physical
location, to cruel, unusual, or inhumane treatment or
punishment prohibited by the Fifth, Eighth, and 14th
Amendments to the Constitution of the United States.
``(C) Performing biological experiments.--The act of a
person who subjects, or conspires or attempts to subject, one
or more persons within his custody or physical control to
biological experiments without a legitimate medical or dental
purpose and in so doing endangers the body or health of such
person or persons.
``(D) Murder.--The act of a person who intentionally kills,
or conspires or attempts to kill, or kills whether
intentionally or unintentionally in the course of committing
any other offense under this section, one or more persons
taking no active part in hostilities, including those placed
out of active combat by sickness, wounds, detention, or any
other cause.
[[Page S10210]]
``(E) Mutilation or maiming.--The act of a person who
intentionally injures, or conspires or attempts to injure, or
injures whether intentionally or unintentionally in the
course of committing any other offense under this section,
one or more persons taking no active part in hostilities,
including those placed out of active combat by sickness,
wounds, detention, or any other cause, by disfiguring such
person or persons by any mutilation thereof or by permanently
disabling any member, limb, or organ of the body of such
person or persons, without any legitimate medical or dental
purpose.
``(F) Intentionally causing serious bodily injury.--The act
of a person who intentionally causes, or conspires or
attempts to cause, serious bodily injury to one or more
persons, including lawful combatants, in violation of the law
of war.
``(G) Rape.--The act of a person who forcibly or with
coercion or threat of force wrongfully invades, or conspires
or attempts to invade, the body of a person by penetrating,
however slightly, the anal or genital opening of the victim
with any part of the body of the accused, or with any foreign
object.
``(H) Sexual assault or abuse.--The act of person who
forcibly or with coercion or threat of force engages, or
conspires or attempts to engage, in sexual contact with one
or more persons, or causes, or conspires or attempts to
cause, one or more persons to engage in sexual contact.
``(I) Taking hostages.--The act of a person who, having
knowingly seized or detained one or more persons, threatens
to kill, injure, or continue to detain such person or persons
with the intent of compelling any nation, person other than
the hostage, or group of persons to act or refrain from
acting as an explicit or implicit condition for the safety or
release of such person or persons.
``(2) Definitions.--In the case of an offense under
subsection (a) by reason of subsection (c)(3)--
``(A) the term `severe mental pain or suffering' shall be
applied for purposes of paragraph (1)(A) in accordance with
the meaning given that term in section 2340(2) of this title;
``(B) the term `serious bodily injury' shall be applied for
purposes of paragraph (1)(F) in accordance with the meaning
given that term in section 113(b)(2) of this title; and
``(C) the term `sexual contact' shall be applied for
purposes of paragraph (1)(G) in accordance with the meaning
given that term in section 2246(3) of this title.
``(3) Inapplicability of certain provisions with respect to
collateral damage or incident of lawful attack.--The intent
specified for the conduct stated in subparagraphs (D), (E),
and (F) of paragraph (1) precludes the applicability of those
subparagraphs to an offense under subsection (a) by reasons
of subsection (c)(3) with respect to--
``(A) collateral damage; or
``(B) death, damage, or injury incident to a lawful attack.
``(4) Inapplicability of taking hostages to prisoner
exchange.--Paragraph (1)(I) does not apply to an offense
under subsection (a) by reason of subsection (c)(3) in the
case of a prisoner exchange during wartime.''.
(b) Construction.--Such section is further amended by
adding at the end the following new subsections:
``(e) Inapplicability of Foreign Sources of Law in
Interpretation.--No foreign source of law shall be considered
in defining or interpreting the obligations of the United
States under this title.
``(f) Nature of Criminal Sanctions.--The criminal sanctions
in this section provide penal sanctions under the domestic
law of the United States for grave breaches of the
international conventions done at Geneva August 12, 1949.
Such criminal sanctions do not alter the obligations of the
United States under those international conventions.''.
(c) Protection of Certain United States Government
Personnel.--Such section is further amended by adding at the
end the following new subsection:
``(g) Protection of Certain United States Government
Personnel.--The provisions of section 1004 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd-1) shall apply with
respect to any criminal prosecution relating to the detention
and interrogation of individuals described in such provisions
that is grounded in an offense under subsection (a) by reason
of subsection (c)(3) with respect to actions occurring
between September 11, 2001, and December 30, 2005.''.
______
SA 5059. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 5038 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; which was ordered to lie on the table; as
follows:
On page 83, strike line 1 and all that follows through page
93, line 4, and insert the following:
SEC. 6. REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL
CODE.
(a) In General.--Section 2441 of title 18, United States
Code, is amended--
(1) in subsection (c), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) which constitutes a grave breach of common Article 3
(as defined in subsection (d)) when committed in the context
of and in association with an armed conflict not of an
international character; or''; and
(2) by adding at the end the following new subsection:
``(d) Common Article 3 Violations.--
``(1) Grave breach of common article 3.--In subsection
(c)(3), the term `grave breach of common Article 3' means any
conduct (such conduct constituting a grave breach of common
Article 3 of the international conventions done at Geneva
August 12, 1949), as follows:
``(A) Torture.--The act of a person who commits, or
conspires or attempts to commit, an act specifically intended
to inflict severe physical or mental pain or suffering (other
than pain or suffering incidental to lawful sanctions) upon
another person within his custody or physical control for the
purpose of obtaining information or a confession, punishment,
intimidation, coercion, or any reason based on discrimination
of any kind.
``(B) Cruel, unusual, or inhumane treatment or
punishment.--The act of a person who subjects another person
in the custody or under the physical control of the United
States Government, regardless of nationality or physical
location, to cruel, unusual, or inhumane treatment or
punishment prohibited by the Fifth, Eighth, and 14th
Amendments to the Constitution of the United States.
``(C) Performing biological experiments.--The act of a
person who subjects, or conspires or attempts to subject, one
or more persons within his custody or physical control to
biological experiments without a legitimate medical or dental
purpose and in so doing endangers the body or health of such
person or persons.
``(D) Murder.--The act of a person who intentionally kills,
or conspires or attempts to kill, or kills whether
intentionally or unintentionally in the course of committing
any other offense under this section, one or more persons
taking no active part in hostilities, including those placed
out of active combat by sickness, wounds, detention, or any
other cause.
``(E) Mutilation or maiming.--The act of a person who
intentionally injures, or conspires or attempts to injure, or
injures whether intentionally or unintentionally in the
course of committing any other offense under this section,
one or more persons taking no active part in hostilities,
including those placed out of active combat by sickness,
wounds, detention, or any other cause, by disfiguring such
person or persons by any mutilation thereof or by permanently
disabling any member, limb, or organ of the body of such
person or persons, without any legitimate medical or dental
purpose.
``(F) Intentionally causing serious bodily injury.--The act
of a person who intentionally causes, or conspires or
attempts to cause, serious bodily injury to one or more
persons, including lawful combatants, in violation of the law
of war.
``(G) Rape.--The act of a person who forcibly or with
coercion or threat of force wrongfully invades, or conspires
or attempts to invade, the body of a person by penetrating,
however slightly, the anal or genital opening of the victim
with any part of the body of the accused, or with any foreign
object.
``(H) Sexual assault or abuse.--The act of person who
forcibly or with coercion or threat of force engages, or
conspires or attempts to engage, in sexual contact with one
or more persons, or causes, or conspires or attempts to
cause, one or more persons to engage in sexual contact.
``(I) Taking hostages.--The act of a person who, having
knowingly seized or detained one or more persons, threatens
to kill, injure, or continue to detain such person or persons
with the intent of compelling any nation, person other than
the hostage, or group of persons to act or refrain from
acting as an explicit or implicit condition for the safety or
release of such person or persons.
``(2) Definitions.--In the case of an offense under
subsection (a) by reason of subsection (c)(3)--
``(A) the term `severe mental pain or suffering' shall be
applied for purposes of paragraph (1)(A) in accordance with
the meaning given that term in section 2340(2) of this title;
``(B) the term `serious bodily injury' shall be applied for
purposes of paragraph (1)(F) in accordance with the meaning
given that term in section 113(b)(2) of this title; and
``(C) the term `sexual contact' shall be applied for
purposes of paragraph (1)(G) in accordance with the meaning
given that term in section 2246(3) of this title.
``(3) Inapplicability of certain provisions with respect to
collateral damage or incident of lawful attack.--The intent
specified for the conduct stated in subparagraphs (D), (E),
and (F) of paragraph (1) precludes the applicability of those
subparagraphs to an offense under subsection (a) by reasons
of subsection (c)(3) with respect to--
``(A) collateral damage; or
``(B) death, damage, or injury incident to a lawful attack.
``(4) Inapplicability of taking hostages to prisoner
exchange.--Paragraph (1)(I) does not apply to an offense
under subsection (a) by reason of subsection (c)(3) in the
case of a prisoner exchange during wartime.''.
(b) Construction.--Such section is further amended by
adding at the end the following new subsections:
``(e) Inapplicability of Foreign Sources of Law in
Interpretation.--No foreign
[[Page S10211]]
source of law shall be considered in defining or interpreting
the obligations of the United States under this title.
``(f) Nature of Criminal Sanctions.--The criminal sanctions
in this section provide penal sanctions under the domestic
law of the United States for grave breaches of the
international conventions done at Geneva August 12, 1949.
Such criminal sanctions do not alter the obligations of the
United States under those international conventions.''.
(c) Protection of Certain United States Government
Personnel.--Such section is further amended by adding at the
end the following new subsection:
``(g) Protection of Certain United States Government
Personnel.--The provisions of section 1004 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd-1) shall apply with
respect to any criminal prosecution relating to the detention
and interrogation of individuals described in such provisions
that is grounded in an offense under subsection (a) by reason
of subsection (c)(3) with respect to actions occurring
between September 11, 2001, and December 30, 2005.''.
______
SA 5060. 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 93, strike line 5 and all that follows through page
94, line 9.
______
SA 5061. 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:
On page 5, line 18, strike ``and'' and all that follows
through line 20, and insert the following:
(3) the economic impact implementing such a system will
have along the northern border; and
(4) the status of border security measures on the Blackfeet
Reservation in Montana and recommendations for improving such
measures.
______
SA 5062. Mr. SPECTER (for himself and Mr. Leahy) submitted an
amendment intended to be proposed to amendment SA 5038 proposed by Mr.
Frist to the bill H.R. 5061, 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 93, strike line 5 and all that follows through page
94, line 9.
______
SA 5063. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Smith)
submitted an amendment intended to be proposed to amendment SA 5038
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; which was ordered to lie on the table; as follows:
On page 94, line 2, strike the quotation marks and the
second period and insert the following:
``(3)(A) Paragraph (1) shall not apply to an application
for a writ of habeas corpus challenging the legality of the
detention of an alien described in paragraph (1), including a
claim of innocence, filed by or on behalf of such an alien
who has been detained by the United States for longer than 1
year.
``(B) No second or successive application for a writ of
habeas corpus may be filed by or on behalf of an alien
described in paragraph (1).''.
______
SA 5064. Mr. SPECTER (for himself and Mr. Leahy) submitted an
amendment intended to be proposed to amendment SA 5036 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; which was
ordered to lie on the table; as follows:
On page 93, strike line 5 and all that follows through page
94, line 9.
______
SA 5065. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Smith)
submitted an amendment intended to be proposed to amendment SA 5036
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; which was ordered to lie on the table; as follows:
On page 94, line 2, strike the quotation marks and the
second period and insert the following:
``(3)(A) Paragraph (1) shall not apply to an application
for a writ of habeas corpus challenging the legality of the
detention of an alien described in paragraph (1), including a
claim of innocence, filed by or on behalf of such an alien
who has been detained by the United States for longer than 1
year.
``(B) No second or successive application for a writ of
habeas corpus may be filed by or on behalf of an alien
described in paragraph (1).''.
______
SA 5066. Mrs. HUTCHISON (for herself and Mr. Kyl) submitted an
amendment intended to be proposed by her 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 3, strike line 4 and all that follows through page
5, line 8, and insert the following:
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN
BORDER AREA FROM PACIFIC OCEAN TO GULF OF
MEXICO.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Construction of Fencing and Road Improvements in the
Border Area.--
``(1) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security, subject to appropriation
and after consultation with representatives of State and
local government, shall provide for appropriate physical
infrastructure, such as double- or triple-layered fencing,
additional physical barriers, roads, lighting, cameras and
sensors, along not less than 700 linear miles of the
southwest border in the areas the Secretary determines are
most often used by smugglers and illegal aliens attempting to
gain illegal entry into the United States or that have
proximity to metropolitan areas or military facilities.
``(2) Priority areas.--In carrying out paragraph (1), the
Secretary of Homeland Security shall give priority for the
deployment of additional fencing and other border security
infrastructure within the geographic areas--
``(A) extending from 10 miles west of the Tecate,
California, port of entry to 10 miles east of the Tecate,
California, port of entry;
``(B) extending from 10 miles west of the Calexico,
California, port of entry to 5 miles east of the Douglas,
Arizona, port of entry;
``(C) extending from 5 miles west of the Columbus, New
Mexico, port of entry to 10 miles east of El Paso, Texas;
``(D) extending from 5 miles northwest of the Del Rio,
Texas, port of entry to 5 miles southeast of the Eagle Pass,
Texas, port of entry; and
``(E) extending 15 miles northwest of the Laredo, Texas,
port of entry to the Brownsville, Texas, port of entry.
``(3) Reports.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on Homeland Security of the
House of Representatives that describes the progress that has
been made in constructing the fencing, barriers, roads and
other border infrastructure described in paragraphs (1) and
(2). Whenever the Secretary of Homeland Security determines
that the fencing is not feasible for those areas described in
this subsection, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
Homeland Security of the House of Representatives that
explains why the fencing was not feasible and the alternative
security measures that were implemented.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this subsection.
``(B) Availability of funds.--Amounts appropriated pursuant
to this paragraph shall remain available until expended.''.
______
SA 5067. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her 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:
In lieu of the matter proposed to be inserted, insert the
following:
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN
BORDER AREA FROM PACIFIC OCEAN TO GULF OF
MEXICO.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Construction of Fencing and Road Improvements in the
Border Area.--
``(1) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security, subject to appropriation
and after consultation with representatives of State and
local government, shall provide for appropriate physical
infrastructure, such as double- or triple-layered fencing,
additional physical barriers, roads, lighting, cameras and
sensors, along not less than 700 linear miles of the
southwest border in the areas the Secretary determines are
most often used by smugglers and illegal aliens attempting to
gain illegal entry into the United States or that have
proximity to metropolitan areas or military facilities.
[[Page S10212]]
``(2) Priority areas.--In carrying out paragraph (1), the
Secretary of Homeland Security shall give priority for the
deployment of additional fencing and other border security
infrastructure within the geographic areas--
``(A) extending from 10 miles west of the Tecate,
California, port of entry to 10 miles east of the Tecate,
California, port of entry;
``(B) extending from 10 miles west of the Calexico,
California, port of entry to 5 miles east of the Douglas,
Arizona, port of entry;
``(C) extending from 5 miles west of the Columbus, New
Mexico, port of entry to 10 miles east of El Paso, Texas;
``(D) extending from 5 miles northwest of the Del Rio,
Texas, port of entry to 5 miles southeast of the Eagle Pass,
Texas, port of entry; and
``(E) extending 15 miles northwest of the Laredo, Texas,
port of entry to the Brownsville, Texas, port of entry.
``(3) Reports.--Not later than 366 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on Homeland Security of the
House of Representatives that describes the progress that has
been made in constructing the fencing, barriers, roads and
other border infrastructure described in paragraphs (1) and
(2). Whenever the Secretary of Homeland Security determines
that the fencing is not feasible for those areas described in
this subsection, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
Homeland Security of the House of Representatives that
explains why the fencing was not feasible and the alternative
security measures that were implemented.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this subsection.
``(B) Availability of funds.--Amounts appropriated pursuant
to this paragraph shall remain available until expended.''.
______
SA 5068. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her 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:
In lieu of the matter proposed to be inserted, insert the
following:
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN
BORDER AREA FROM PACIFIC OCEAN TO GULF OF
MEXICO.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Construction of Fencing and Road Improvements in the
Border Area.--
``(1) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security, subject to appropriation
and after consultation with representatives of State and
local government, shall provide for appropriate physical
infrastructure, such as double- or triple-layered fencing,
additional physical barriers, roads, lighting, cameras and
sensors, along not less than 700 linear miles of the
southwest border in the areas the Secretary determines are
most often used by smugglers and illegal aliens attempting to
gain illegal entry into the United States or that have
proximity to metropolitan areas or military facilities.
``(2) Priority areas.--In carrying out paragraph (1), the
Secretary of Homeland Security shall give priority for the
deployment of additional fencing and other border security
infrastructure within the geographic areas--
``(A) extending from 10 miles west of the Tecate,
California, port of entry to 10 miles east of the Tecate,
California, port of entry;
``(B) extending from 10 miles west of the Calexico,
California, port of entry to 5 miles east of the Douglas,
Arizona, port of entry;
``(C) extending from 5 miles west of the Columbus, New
Mexico, port of entry to 10 miles east of El Paso, Texas;
``(D) extending from 5 miles northwest of the Del Rio,
Texas, port of entry to 5 miles southeast of the Eagle Pass,
Texas, port of entry; and
``(E) extending 15 miles northwest of the Laredo, Texas,
port of entry to the Brownsville, Texas, port of entry.
``(3) Reports.--Not later than 366 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on Homeland Security of the
House of Representatives that describes the progress that has
been made in constructing the fencing, barriers, roads and
other border infrastructure described in paragraphs (1) and
(2). Whenever the Secretary of Homeland Security determines
that the fencing is not feasible for those areas described in
this subsection, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
Homeland Security of the House of Representatives that
explains why the fencing was not feasible and the alternative
security measures that were implemented.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this subsection.
``(B) Availability of funds.--Amounts appropriated pursuant
to this paragraph shall remain available until expended.''.
______
SA 5069. Mr. SPECTER submitted an amendment intended to be proposed
to amendment SA 5036 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; which was ordered to lie on the table; as
follows:
On page 46, below line 20, in the item relating to section
950g, strike ``United States Court of Appeals for the
District of Columbia Circuit'' and insert ``United States
Court of Appeals for the Armed Forces''.
On page 55, strike line 5 and all that follows through page
56, line 2, and insert the following:
``Sec. 950g. Review by the United States Court of Appeals for
the Armed Forces and the Supreme Court
``(a) Review by United States Court of Appeals for the
Armed Forces.--(1) Subject to the provisions of this
subsection, the United States Court of Appeals for the Armed
Forces shall have exclusive jurisdiction to determine the
final validity of any judgment rendered by a military
commission under this chapter.
On page 56, beginning on line 3, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 56, beginning on line 9, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 57, beginning on line 4, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 57, beginning on line 13, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 58, beginning on line 2, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 58, beginning on line 7, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 59, beginning on line 4, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 59, beginning on line 10, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 80, beginning on line 11, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 81, between lines 20 and 21, insert the following:
(3) Additional amendment to detainee treatment act of
2005.--Section 1005(e) of the Detainee Treatment Act of 2005
is further amended by striking ``United States Court of
Appeals for the District of Columbia Circuit'' each place it
appears in paragraphs (3) and (4) and inserting ``United
States Court of Appeals for the Armed Forces''.
______
SA 5070. Mr. SPECTER submitted an amendment intended to be proposed
to amendment SA 5036 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; which was ordered to lie on the table; as
follows:
On page 46, below line 20, strike the item relating to
section 950f.
On page 46, below line 20, in the item relating to section
950g, strike ``United States Court of Appeals for the
District of Columbia Circuit'' and insert ``United States
Court of Appeals for the Armed Forces''.
On page 51, beginning on line 14, strike ``Court of
Military Commission Review under section 950f'' and insert
``United States Court of Appeals for the Armed Forces under
section 950g''.
On page 52, line 8, strike ``950f'' and insert ``950g''.
On page 52, beginning on line 14, strike ``Court of
Military Commission Review under section 950f'' and insert
``United States Court of Appeals for the Armed Forces under
section 950g''.
On page 53, beginning on line 7, strike ``Court of Military
Commission Review'' and insert ``United States Court of
Appeals for the Armed Forces''.
On page 54, line 15 and all that follows through page 57,
line 14, and insert the following:
``Sec. 950g. Review by the United States Court of Appeals for
the Armed Forces and the Supreme Court
``(c) Right of Appeal.--The accused may appeal from a final
decision of a military commission, and the United States may
appeal as provided in section 950d of this title,
[[Page S10213]]
to the United States Court of Appeals for the Armed Forces in
accordance with procedures prescribed under regulations of
the Secretary.
``(b) Review by United States Court of Appeals for the
Armed Forces.--(1) Subject to the provisions of this
subsection, the United States Court of Appeals for the Armed
Forces shall have exclusive jurisdiction to determine the
final validity of any judgment rendered by a military
commission under this chapter.
``(2) The United States Court of Appeals for the Armed
Forces may not determine the final validity of a judgment of
a military commission under this subsection until all other
appeals from the judgment under this chapter have been waived
or exhausted.
``(3)(A) An accused may seek a determination by the United
States Court of Appeals for the Armed Forces of the final
validity of the judgment of the military commission under
this subsection only upon petition to the Court for such
determination.
``(B) A petition on a judgment under subparagraph (A) shall
be filed by the accused in the Court not later than 20 days
after the date on which written notice of the final decision
of the military commission is served on the accused or
defense counsel.
``(C) The accused may not file a petition under
subparagraph (A) if the accused has waived the right to
appellate review under section 950c(a) of this title.
``(4) The determination by the United States Court of
Appeals for the Armed Forces of the final validity of a
judgment of a military commission under this subsection shall
be governed by the provisions of section 1005(e)(3) of the
Detainee Treatment Act of 2005 (42 U.S.C. 801 note).
``(c) Review by Supreme Court.--The Supreme Court of the
United States may review by writ of certiorari pursuant to
section 1257 of title 28 the final judgment of the United
States Court of Appeals for the Armed Forces in a
determination under subsection (a).
On page 58, beginning on line 2, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 58, beginning on line 7, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 59, beginning on line 4, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 59, beginning on line 10, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 80, beginning on line 11, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 81, between lines 20 and 21, insert the following:
(3) Additional amendment to detainee treatment act of
2005.--Section 1005(e) of the Detainee Treatment Act of 2005
is further amended by striking ``United States Court of
Appeals for the District of Columbia Circuit'' each place it
appears in paragraphs (3) and (4) and inserting ``United
States Court of Appeals for the Armed Forces''.
______
SA 5071. Mr. SPECTER submitted an amendment intended to be proposed
to amendment SA 5036 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; which was ordered to lie on the table; as
follows:
On page 46, below line 20, in the item relating to section
950g, strike ``United States Court of Appeals for the
District of Columbia Circuit'' and insert ``United States
Court of Appeals for the Armed Forces''.
On page 53, beginning on line 22, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 56, strike lines 7 through 16 and insert the
following:
``Sec. 950g. Review by the United States Court of Appeals for
the Armed Forces and the Supreme Court
``(a) Review by United States Court of Appeals for the
Armed Forces.--(1)(A) Subject to the provisions of this
subsection, the United States Court of Appeals for the Armed
Forces shall have exclusive jurisdiction to determine the
final validity of any judgment rendered by a military
commission under this chapter.
On page 58, beginning on line 10, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 58, beginning on line 16, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 59, beginning on line 24, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 60, beginning on line 4, strike ``United States
Court of Appeals for the District of Columbia Circuit'' and
insert ``United States Court of Appeals for the Armed
Forces''.
On page 95, line 11, insert ``In General.--'' before
``Section 1005(e)(3)''.
On page 96, between lines 11 and 12, insert the following:
(b) Additional Amendment to Detainee Treatment Act of
2005.--Section 1005(e) of the Detainee Treatment Act of 2005
is further amended by striking ``United States Court of
Appeals for the District of Columbia Circuit'' each place it
appears in paragraphs (3) and (4) and inserting ``United
States Court of Appeals for the Armed Forces''.
______
SA 5072. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 2078, to amend the Indian Gaming Regulatory Act to
clarify the authority of the National Indian Gaming Commission to
regulate class III gaming, to limit the lands eligible for gaming, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of section 5, insert the following:
(c) Negotiated Rulemaking.--Section 7 of the Indian Gaming
Regulatory Act (25 U.S.C. 2706) (as amended by subsection
(b)) is amended by adding at the end the following:
``(d) Rulemaking.--
``(1) In general.--Not later than _________, 2007, the
Commission shall promulgate such final regulations as the
Commission determines to be necessary to carry out this Act.
``(2) Effective date.--The final regulations promulgated
pursuant to paragraph (1) shall take effect on the date of
promulgation of the regulations.
``(3) Negotiated rulemaking procedure.--
``(A) In general.--Notwithstanding sections 563(a) and
565(a) of title 5, United States Code, the Commission shall
promulgate regulations pursuant to paragraph (1) in
accordance with the negotiated rulemaking procedure under
subchapter III of chapter 5, United States Code.
``(B) Rulemaking committee.--
``(i) Establishment.--The Commission shall establish a
negotiated rulemaking committee in accordance with the
procedure under subchapter III of chapter 5, United States
Code, for the development of proposed regulations under this
subsection.
``(ii) Requirements.--In establishing the committee under
clause (i), the Commission shall--
``(I) make such modifications to the applicable procedure
under subchapter III of chapter 5, United States Code, as the
Commission determines to be necessary to account for the
unique government-to-government relationship between Indian
tribes and the United States; and
``(II) ensure that the membership of the committee is
composed only of--
``(aa) representatives of the Federal Government; and
``(bb) official representatives of Indian tribal
governments, to be nominated by the Indian tribes that are
subject to this Act.''.
______
SA 5073. Mr. McCONNELL (for Mr. Enzi) proposed an amendment to the
bill H.R. 5574, to amend the Public Health Service Act to reauthorize
support for graduate medical education programs in children's
hospitals; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospital GME
Support Reauthorization Act of 2006''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT
OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) In General.--Section 340E of the Public Health Service
Act (42 U.S.C. 256e) is amended--
(1) in subsection (a), by inserting ``and each of fiscal
years 2007 through 2011'' after ``for each of fiscal years
2000 through 2005'';
(2) in subsection (e)(1), by striking ``26'' and inserting
``12'';
(3) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) for each of fiscal years 2007 through 2011,
$110,000,000.''; and
(4) in subsection (f)(2)--
(A) in the matter before subparagraph (A), by striking
``subsection (b)(1)(A)'' and inserting ``subsection
(b)(1)(B)'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) for each of fiscal years 2007 through 2011,
$220,000,000.''.
(b) Reduction in Payments for Failure to File Annual
Report.--Subsection (b) of section 340E of the Public Health
Service Act (42 U.S.C. 256e) is amended--
(1) in paragraph (1), in the matter before subparagraph
(A), by striking ``paragraph (2)'' and inserting ``paragraphs
(2) and (3)''; and
[[Page S10214]]
(2) by adding at the end the following:
``(3) Annual reporting required.--
``(A) Reduction in payment for failure to report.--
``(i) In general.--The amount payable under this section to
a children's hospital for a fiscal year (beginning with
fiscal year 2008 and after taking into account paragraph (2))
shall be reduced by 25 percent if the Secretary determines
that--
``(I) the hospital has failed to provide the Secretary, as
an addendum to the hospital's application under this section
for such fiscal year, the report required under subparagraph
(B) for the previous fiscal year; or
``(II) such report fails to provide the information
required under any clause of such subparagraph.
``(ii) Notice and opportunity to provide missing
information.--Before imposing a reduction under clause (i) on
the basis of a hospital's failure to provide information
described in clause (i)(II), the Secretary shall provide
notice to the hospital of such failure and the Secretary's
intention to impose such reduction and shall provide the
hospital with the opportunity to provide the required
information within a period of 30 days beginning on the date
of such notice. If the hospital provides such information
within such period, no reduction shall be made under clause
(i) on the basis of the previous failure to provide such
information.
``(B) Annual report.--The report required under this
subparagraph for a children's hospital for a fiscal year is a
report that includes (in a form and manner specified by the
Secretary) the following information for the residency
academic year completed immediately prior to such fiscal
year:
``(i) The types of resident training programs that the
hospital provided for residents described in subparagraph
(C), such as general pediatrics, internal medicine/
pediatrics, and pediatric subspecialties, including both
medical subspecialties certified by the American Board of
Pediatrics (such as pediatric gastroenterology) and non-
medical subspecialties approved by other medical
certification boards (such as pediatric surgery).
``(ii) The number of training positions for residents
described in subparagraph (C), the number of such positions
recruited to fill, and the number of such positions filled.
``(iii) The types of training that the hospital provided
for residents described in subparagraph (C) related to the
health care needs of different populations, such as children
who are underserved for reasons of family income or
geographic location, including rural and urban areas.
``(iv) The changes in residency training for residents
described in subparagraph (C) which the hospital has made
during such residency academic year (except that the first
report submitted by the hospital under this subparagraph
shall be for such changes since the first year in which the
hospital received payment under this section), including--
``(I) changes in curricula, training experiences, and types
of training programs, and benefits that have resulted from
such changes; and
``(II) changes for purposes of training the residents in
the measurement and improvement of the quality and safety of
patient care.
``(v) The numbers of residents described in subparagraph
(C) who completed their residency training at the end of such
residency academic year and care for children within the
borders of the service area of the hospital or within the
borders of the State in which the hospital is located. Such
numbers shall be disaggregated with respect to residents who
completed residencies in general pediatrics or internal
medicine/pediatrics, subspecialty residencies, and dental
residencies.
``(C) Residents.--The residents described in this
subparagraph are those who--
``(i) are in full-time equivalent resident training
positions in any training program sponsored by the hospital;
or
``(ii) are in a training program sponsored by an entity
other than the hospital, but who spend more than 75 percent
of their training time at the hospital.
``(D) Report to congress.--Not later than the end of fiscal
year 2011, the Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall
submit a report to the Congress--
``(i) summarizing the information submitted in reports to
the Secretary under subparagraph (B);
``(ii) describing the results of the program carried out
under this section; and
``(iii) making recommendations for improvements to the
program.''.
(c) Technical Amendments.--Section 340E of the Public
Health Service Act (42 U.S.C. 256e) is further amended--
(1) in subsection (c)(2)(E)(ii), by striking ``described in
subparagraph (C)(ii)'' and inserting ``applied under section
1886(d)(3)(E) of the Social Security Act for discharges
occurring during the preceding fiscal year'';
(2) in subsection (e)(2), by striking the first sentence;
and
(3) in subsection (e)(3), by striking ``made to pay'' and
inserting ``made and pay''.
______
SA 5074. Mr. McCONNELL (for Mr. Craig) proposed an amendment to the
bill S. 3421, to authorize major medical facility projects and major
medical facility leases for the Department of Veterans Affairs for
fiscal years 2006 and 2007, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year
2006, with each project to be carried out in the amount
specified for that project:
(1) Restoration, new construction or replacement of the
medical center facility for the Department of Veterans
Affairs Medical Center, New Orleans, Louisiana, due to damage
from Hurricane Katrina in an amount not to exceed
$636,000,000. The Secretary is authorized to carry out the
project as a collaborative effort consistent with the New
Orleans Collaborative Opportunities Study Group Report dated
June 12, 2006.
(2) Restoration of the Department of Veterans Affairs
Medical Center, Biloxi, Mississippi, and consolidation of
services performed at the Department of Veterans Affairs
Medical Center, Gulfport, Mississippi, in an amount not to
exceed $310,000,000.
(3) Replacement of the Department of Veterans Affairs
Medical Center, Denver, Colorado, in an amount not to exceed
$98,000,000.
SEC. 2. EXTENSION OF AUTHORIZATION FOR MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS AUTHORIZED UNDER CAPITAL
ASSET REALIGNMENT INITIATIVE.
Notwithstanding subsection (d) of section 221 of the
Veterans Health Care, Capital Asset, and Business Improvement
Act of 2003 (Public Law 108-170; 117 Stat. 2050), the
Secretary of Veterans Affairs may enter into contracts before
September 30, 2009, to carry out each major medical facility
project, as originally authorized by such section 221, as
follows with each project to be carried out in the amount
specified for that project:
(1) Construction of an outpatient clinic and regional
office at the Department of Veterans Affairs Medical Center,
Anchorage, Alaska, in an amount not to exceed $75,270,000.
(2) Consolidation of clinical and administrative functions
of the Department of Veterans Affairs Medical Center in
Cleveland, Ohio, and the Department of Veterans Affairs
Medical Center in Brecksville, Ohio, in an amount not to
exceed $102,300,000.
(3) Construction of the Extended Care Building at the
Department of Veterans Affairs Medical Center in Des Moines,
Iowa, in an amount not to exceed $25,000,000.
(4) Renovation of patient wards at the Department of
Veterans Affairs Medical Center in Durham, North Carolina, in
an amount not to exceed $9,100,000.
(5) Correction of patient privacy deficiencies at the
Department of Veterans Affairs Medical Center, Gainesville,
Florida, in an amount not to exceed $85,200,000.
(6) 7th and 8th Floor Wards Modernization addition at the
Department of Veterans Affairs Medical Center, Indianapolis,
Indiana, in an amount not to exceed $27,400,000.
(7) Construction of a new Medical Center Facility at the
Department of Veterans Affairs Medical Center, Las Vegas,
Nevada, in an amount not to exceed $406,000,000.
(8) Construction of an Ambulatory Surgery/Outpatient
Diagnostic Support Center in the Gulf South Submarket of
Veterans Integrated Service Network (VISN) 8 and completion
of Phase I land purchase, Lee County, Florida, in an amount
not to exceed $65,100,000.
(9) Seismic Corrections-Buildings 7 & 126 at the Department
of Veterans Affairs Medical Center, Long Beach, California,
in an amount not to exceed $107,845,000.
(10) Seismic Corrections-Buildings 500 & 501 at the
Department of Veterans Affairs Medical Center, Los Angeles,
California, in an amount not to exceed $79,900,000.
(11) Construction of a New Medical Center facility in the
Orlando, Florida, area in an amount not to exceed
$377,700,000.
(12) Consolidation of Campuses at the University Drive and
H. John Heinz III divisions, Pittsburgh, Pennsylvania, in an
amount not to exceed $189,205,000.
(13) Ward Upgrades and Expansion at the Department of
Veterans Affairs Medical Center, San Antonio, Texas, in an
amount not to exceed $19,100,000.
(14) Seismic Corrections-Building 1, Phase 1 Design at the
Department of Veterans Affairs Medical Center, San Juan,
Puerto Rico, in an amount not to exceed $15,000,000.
(15) Construction of a Spinal Cord Injury Center at the
Department of Veterans Affairs Medical Center, Syracuse, New
York, in an amount not to exceed $53,900,000.
(16) Upgrade Essential Electrical Distribution Systems at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $49,000,000.
(17) Expansion of the Spinal Cord Injury Center addition at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $7,100,000.
(18) Blind Rehabilitation and Psychiatric Bed renovation
and new construction project at the Department of Veterans
Affairs Medical Center, Temple, Texas, in an amount not to
exceed $56,000,000.
SEC. 3. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year 2007
in the amount specified for each project:
(1) Seismic Corrections, Nursing Home Care Unit and
Dietetics at the Department
[[Page S10215]]
of Veterans Affairs Medical Center, American Lake,
Washington, in an amount not to exceed $38,220,000.
(2) Replacement of Operating Suite at the Department of
Veterans Affairs Medical Center, Columbia, Missouri, in an
amount not to exceed $25,830,000.
(3) Construction of a new clinical addition at the
Department of Veterans Affairs Medical Center, Fayetteville,
Arkansas, in an amount not to exceed $56,163,000.
(4) Construction of Spinal Cord Injury Center at the
Department of Veterans Affairs Medical Center, Milwaukee,
Wisconsin, in an amount not to exceed $32,500,000.
(5) Medical facility improvements and cemetery expansion of
Jefferson Barracks at the Department of Veterans Affairs
Medical Center, St. Louis, Missouri, in an amount not to
exceed $69,053,000.
SEC. 4. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2006
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient clinic, Baltimore, Maryland,
$10,908,000.
(2) For an outpatient clinic, Evansville, Illinois,
$8,989,000.
(3) For an outpatient clinic, Smith County, Texas,
$5,093,000.
SEC. 5. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2007
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient and specialty care clinic, Austin,
Texas, $6,163,000.
(2) For an outpatient clinic, Lowell, Massachusetts,
$2,520,000.
(3) For an outpatient clinic, Grand Rapids, Michigan,
$4,409,000.
(4) For up to four outpatient clinics, Las Vegas, Nevada,
$8,518,000.
(5) For an outpatient clinic, Parma, Ohio, $5,032,000.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2006
Major Medical Facility Projects.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal
year 2006 for the Construction, Major Projects, account,
$1,044,000,000 for the projects authorized in section 1.
(b) Authorization of Appropriations for Major Medical
Facility Projects Under Capital Asset Realignment
Initiative.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for the Secretary of Veterans Affairs for
fiscal year 2007 for the Construction, Major Projects,
account, $1,750,120,000 for the projects whose authorization
is extended by section 2.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until September 30, 2009.
(c) Authorization of Appropriations for Fiscal Year 2007
Major Medical Facility Projects.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal
year 2007 for the Construction, Major Projects, account,
$221,766,000 for the projects authorized in section 3.
(d) Authorization of Appropriations for Major Medical
Facility Leases.--
(1) Fiscal year 2006 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2006 for the Medical Care account, $24,990,000 for the
leases authorized in section 4.
(2) Fiscal year 2007 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2007 for the Medical Care account, $26,642,000 for the
leases authorized in section 5.
(e) Limitation.--The projects authorized in sections 1 and
2 may only be carried out using--
(1) funds appropriated for fiscal year 2006 or 2007
pursuant to the authorization of appropriations in
subsections (a), (b), and (c) of this section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2006 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2006 or 2007 that are available
for obligation; and
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2006 or 2007 for a category of activity not
specific to a project.
SEC. 7. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
PROJECTS.
(a) Increase.--Section 8104(a)(3)(A) of title 38, United
States Code, is amended by striking ``$7,000,000'' and
inserting ``$10,000,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2006, and shall apply with
respect to any fiscal year beginning on or after that date.
SEC. 8. EXPANSION OF ELIGIBILITY UNDER SURVIVORS' AND
DEPENDENTS EDUCATIONAL ASSISTANCE PROGRAM.
(a) Eligibility for Dependents of Servicemembers.--
(1) Children.--Section 3501(a)(1)(A) of title 38, United
States Code, is amended--
(A) in clause (ii) by striking ``or'' at the end;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following clause
(iii):
``(iii) is hospitalized or receiving outpatient medical
care, services, or treatment pending discharge from the
active military, naval, or air service for a total disability
permanent in nature resulting from a service-connected
disability (as determined by the Secretary), or''.
(2) Spouses.--Subparagraph (D) of section 3501(a)(1) of
such title is amended to read as follows:
``(D)(i) the spouse of any veteran who has a total
disability permanent in nature resulting from a service-
connected disability,
``(ii) the spouse of any person who is hospitalized or
receiving outpatient medical care, services, or treatment
pending discharge from the active military, naval, or air
service for a total disability permanent in nature resulting
from a service-connected disability (as determined by the
Secretary), or
``(iii) the surviving spouse of a veteran who died while a
disability so evaluated was in existence,''.
(b) Conforming Amendments.--
(1) Duration of assistance.--Section 3511 of such title is
amended--
(A) in subsection (a)(1), by striking ``both sections
3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii)'' and inserting
``sections 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), and
3501(a)(1)(D)(iii)'';
(B) in subsection (b)(2), by striking
``3501(a)(1)(A)(iii)'' and inserting ``3501(a)(1)(A)(iv)'';
and
(C) in subsection (c), by striking ``3501(a)(1)(A)(iii),
3501(a)(1)(C), or 3501(a)(1)(D)(i)'' and inserting
``3501(a)(1)(A)(iv), 3501(a)(1)(C), 3501(a)(1)(D)(i), or
3501(a)(1)(D)(ii)''.
(2) Period of eligibility.--Section 3512 of such title is
amended--
(A) in subsection (a)(6), by striking
``3501(a)(1)(A)(iii)'' and inserting ``3501(a)(1)(A)(iv)'';
(B) in subsection (b)(1)(A), by striking
``3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of this title.'' and
all that follows through the end, and inserting the
following: ``or 3501(a)(1)(D) of this title. In the case of a
surviving spouse made eligible by clause (iii) of section
3501(a)(1)(D), the 10-year period may not be reduced by any
earlier period during which the person otherwise was eligible
for educational assistance under this chapter as a spouse
described in clause (i) or (ii) of that section.''; and
(C) in subsection (d), by striking ``veteran'' and
inserting ``person''.
(3) Effective dates.--Section 5113(b)(3) of such title is
amended by adding at the end the following new subparagraph:
``(D) The term `veteran' includes a person as described in
sections 3501(a)(1)(A)(iii) and 3501(a)(1)(D)(ii) of this
title.''.
____________________