Of a perfecting nature.

TEXT OF AMENDMENTS

SA 1903. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of subsection (e) of section 601, add the
following:
(9) Health Coverage.--The alien shall establish that the
alien will maintain a minimum level of health coverage
through a qualified health care plan (within the meaning of
section 223(c) of the Internal Revenue Code of 1986).
______

SA 1904. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. ___. CUSTOMS AND BORDER PATROL MANAGEMENT FLEXIBILITY.

Notwithstanding any other provision of law, the
Commissioner of U.S. Customs and Border Patrol may employ,
appoint, discipline, terminate, and fix the compensation,
terms, and conditions of employment of Federal service for
such a number of individuals as the Commissioner determines
to be necessary to carry out the functions of the U.S.
Customs and Border Patrol. The Commissioner shall establish
levels of compensation

[[Page S8420]]

and other benefits for individuals so employed.
______

SA 1905. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike section 607 and insert the following:

SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end, the
following new subsection:
``(d)(1) Except as provided in paragraph (2), no quarter of
coverage shall be credited for purposes of this section if,
with respect to any individual who is assigned a social
security account number on or after the date of enactment of
the Secure Borders, Economic Opportunity and Immigration
Reform Act of 2007, such quarter of coverage is earned prior
to the year in which such social security account number is
assigned.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2).''.
(b) Benefit Computation.--Section 215(e) of such Act (42
U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual who is assigned a social security account
number on or after the date of enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, there shall not be counted any wages or self-employment
income for which no quarter of coverage may be credited to
such individual as a result of the application of section
214(d).''.
______

SA 1906. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS.

(a) In General.--Section 233(e) of the Social Security Act
(42 U.S.C. 433(e)) is amended to read as follows:
``(e)(1) Any agreement to establish a totalization
arrangement which is entered into with another country under
this section shall enter into force with respect to the
United States if (and only if)--
``(A) the President, at least 90 calendar days before the
date on which the President enters into the agreement,
notifies each House of Congress of the President's intention
to enter into the agreement, and promptly thereafter
publishes notice of such intention in the Federal Register,
``(B) the President transmits the text of such agreement to
each House of Congress as provided in paragraph (2), and
``(C) an approval resolution regarding such agreement has
passed both Houses of Congress and has been enacted into law.
``(2)(A) Whenever an agreement referred to in paragraph (1)
is entered into, the President shall transmit to each House
of Congress a document setting forth the final legal text of
such agreement and including a report by the President in
support of such agreement. The President's report shall
include the following:
``(i) An estimate by the Chief Actuary of the Social
Security Administration of the effect of the agreement, in
the short term and in the long term, on the receipts and
disbursements under the social security system established by
this title.
``(ii) A statement of any administrative action proposed to
implement the agreement and how such action will change or
affect existing law.
``(iii) A statement describing whether and how the
agreement changes provisions of an agreement previously
negotiated.
``(iv) A statement describing how and to what extent the
agreement makes progress in achieving the purposes, policies,
and objectives of this title.
``(v) An estimate by the Chief Actuary of the Social
Security Administration, working in consultation with the
Comptroller General of the United States, of the number of
individuals who may become eligible for any benefits under
this title or who may otherwise be affected by the agreement.
``(vi) An assessment of the integrity of the retirement
data and records (including birth, death, and marriage
records) of the other country that is the subject of the
agreement.
``(vii) An assessment of the ability of such country to
track and monitor recipients of benefits under such
agreement.
``(B) If any separate agreement or other understanding with
another country (whether oral or in writing) relating to an
agreement to establish a totalization arrangement under this
section is not disclosed to Congress in the transmittal to
Congress under this paragraph of the agreement to establish a
totalization arrangement, then such separate agreement or
understanding shall not be considered to be part of the
agreement approved by Congress under this section and shall
have no force and effect under United States law.
``(3) For purposes of this subsection, the term `approval
resolution' means a joint resolution, the matter after the
resolving clause of which is as follows: `That the proposed
agreement entered into pursuant to section 233 of the Social
Security Act between the United States and _______
establishing totalization arrangements between the social
security system established by title II of such Act and the
social security system of _______, transmitted to Congress by
the President on ______, is hereby approved.', the first two
blanks therein being filled with the name of the country with
which the United States entered into the agreement, and the
third blank therein being filled with the date of the
transmittal of the agreement to Congress.
``(4) Whenever a document setting forth an agreement
entered into under this section and the President's report in
support of the agreement is transmitted to Congress pursuant
to paragraph (2), copies of such document shall be delivered
to both Houses of Congress on the same day and shall be
delivered to the Clerk of the House of Representatives if the
House is not in session and to the Secretary of the Senate if
the Senate is not in session.
``(5) On the day on which a document setting forth the
agreement is transmitted to the House of Representatives and
the Senate pursuant to paragraph (1), an approval resolution
with respect to such agreement shall be introduced (by
request) in the House by the majority leader of the House,
for himself or herself and the minority leader of the House,
or by Members of the House designated by the majority leader
and minority leader of the House; and shall be introduced (by
request) in the Senate by the majority leader of the Senate,
for himself or herself and the minority leader of the Senate,
or by Members of the Senate designated by the majority leader
and minority leader of the Senate. If either House is not in
session on the day on which such an agreement is transmitted,
the approval resolution with respect to such agreement shall
be introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is
in session. The resolution introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and the resolution introduced in the Senate shall
be referred to the Committee on Finance.''.
(b) Additional Reports and Evaluations.--Section 233 of the
Social Security Act (42 U.S.C. 433) is amended by adding at
the end the following new subsections:
``(f) Biennial SSA Report on Impact of Totalization
Agreements.--
``(1) Report.--For any totalization agreement transmitted
to Congress on or after January 1, 2007, the Commissioner of
Social Security shall submit a report to Congress and the
Comptroller General that--
``(A) compares the estimates contained in the report
submitted to Congress under clauses (i) and (v) of subsection
(e)(2)(A) with respect to that agreement with the actual
number of individuals affected by the agreement and the
actual effect of the agreement on social security system
receipts and disbursements; and
``(B) contains recommendations for adjusting the methods
used to make the estimates.
``(2) Dates for submission.--The report required under this
subsection shall be provided not later than 2 years after the
effective date of the totalization agreement that is the
subject of the report and biennially thereafter.
``(g) GAO Evaluation and Report.--
``(1) Evaluation of initial report on impact of
totalization agreements.--With respect to each initial report
regarding a totalization agreement submitted under subsection
(f), the Comptroller General of the United States shall
conduct an evaluation of the report that includes--
``(A) an evaluation of the procedures used for making the
estimates required by subsection (e)(2)(A);
``(B) an evaluation of the procedures used for determining
the actual number of individuals affected by the agreement
and the effects of the totalization agreement on receipts and
disbursements under the social security system; and
``(C) such recommendations as the Comptroller General
determines appropriate.
``(2) Report.--Not later than 1 year after the date of
submission of an initial report regarding a totalization
agreement under subsection (f), the Comptroller General shall
submit to Congress a report setting forth the results of the
evaluation conducted under paragraph (1).
``(3) Data collection.--The Commissioner of Social Security
shall collect and maintain the data necessary for the
Comptroller General of the United States to conduct the
evaluation required by paragraph (1).''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to agreements establishing
totalization arrangements entered into under section 233 of
the Social Security Act that are transmitted to Congress on
or after January 1, 2007.
______

SA 1907. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

[[Page S8421]]

On page 641, strike line 21 and all that follows through
page 642, line 20, and insert the following:
``(B) Timing of probationary benefits.--An alien who
submits an application for a Z-A visa under subsection (d),
including any evidence required under such subsection, and
any spouse or child of the alien seeking a Z-A dependent
visa, may receive the probationary benefits described in
subparagraph (A) after the Secretary has conducted,
completed, and resolved all appropriate background checks, to
include name and fingerprint checks.
______

SA 1908. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 635, strike line 12 and all that follows through
page 636, line 14, and insert the following:
``(4) Grounds of inadmissibility.--
``(A) In general.--In the determination of an alien's
eligibility for a Z-A visa or a Z-A dependent visa, the
grounds of inadmissibility under section 601(d)(2) of the
Secure Borders, Economic Opportunity and Immigration Reform
Act of 2007 shall apply.
``(B) Construction.--Nothing in this paragraph may be
construed to affect the authority of the Secretary to waive
provisions of section 212(a).
______

SA 1909. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 135, between lines 11 and 12, insert the following:
(C) by amending subsection (d) to read as follows:
``(d) Discontinuing Granting Visas to Nationals of
Countries That Deny or Delay Accepting Aliens.--
Notwithstanding section 221(c), if the Secretary of Homeland
Security determines that the government of a foreign country
denies or unreasonably delays accepting aliens who are
citizens, subjects, nationals, or residents of that country
after the Secretary asks whether the government will accept
an alien under this section, or after a determination that
the alien is inadmissible under paragraph (6) or (7) of
section 212(a)--
``(1) the Secretary of State, upon notification from the
Secretary of Homeland Security of such denial or delay to
accept aliens under circumstances described in this section,
shall order consular officers in that foreign country to
discontinue granting immigrant visas, nonimmigrant visas, or
both, to citizens, subjects, nationals, and residents of that
country until the Secretary of Homeland Security notifies the
Secretary of State that the country has accepted the aliens;
``(2) the Secretary of Homeland Security may deny admission
to any citizens, subjects, nationals, and residents from that
country; and
``(3) the Secretary of Homeland Security may impose
limitations, conditions, or additional fees on the issuance
of visas or travel from that country and any other sanctions
authorized by law.''.
______

SA 1910. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 119, lines 21 and 22, strike ``which is punishable
by a sentence of imprisonment of 5 years or more,''.
On page 571, lines 19 and 20, strike ``renunciation of gang
affiliation;''.
______

SA 1911. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 118, between lines 8 and 9, insert the following:

SEC. 203A. TERRORIST BAR TO GOOD MORAL CHARACTER.

(a) Definition of Good Moral Character.--Section 101(f) of
the Immigration and Nationality Act (8 U.S.C. 1101(f)) is
amended by inserting after paragraph (1) the following:
``(2) one who the Secretary of Homeland Security or the
Attorney General determines, in the unreviewable discretion
of the Secretary or the Attorney General, to have been at any
time an alien described in section 212(a)(3) or 237(a)(4),
which determination may be based upon any relevant
information or evidence, including classified, sensitive, or
national security information;''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act
and shall apply to--
(1) any act that occurred before, on, or after such date of
enactment; and
(2) any application for naturalization or any other benefit
or relief, or any other case or matter under the immigration
laws, pending on or filed after such date of enactment.
On page 570, between lines 3 and 4, insert the following:
(8) Good moral character.--The alien shall establish that
he or she has been a person of good moral character during
the most recent 3-year period.
______

SA 1912. Mr. CORNYN (for himself, Mr. Grassley, Mr. Warner, and Mr.
Domenici) submitted an amendment intended to be proposed by him to the
bill S. 1639, to provide for comprehensive immigration reform and for
other purposes; which was ordered to lie on the table; as follows:

On page 308, strike lines 19 through 24 and insert the
following:
``(B) State impact assistance fee.--Each alien applying for
a Y-1 nonimmigrant visa shall pay, at the time of filing an
application for Y-1 nonimmigrant status--
``(i) a State impact assistance fee of $750; and
``(ii) an additional fee of $100 for each dependent
accompanying or following to join the alien.c
On page 569, strike lines 1 through 6 and insert the
following:
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, each alien
applying for probationary Z-1 status described in
subparagraph (h) or renewable Z-1 status described in
subparagraph (i) shall pay, at the time the alien files an
application for such status--
(i) a State impact assistance fee of $750; and
(ii) an additional fee of $100 for each dependent
accompanying or following to join the alien.
______

SA 1913. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 194, between line 24 and the matter following line
24, insert the following:

SEC. 230. REPORTING REQUIREMENTS.

(a) Clarifying Address Reporting Requirements.--Section 265
of the Immigration and Nationality Act (8 U.S.C. 1305) is
amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in writing''
and inserting ``submit written or electronic notification to
the Secretary of Homeland Security, in a manner approved by
the Secretary,'';
(B) by striking ``the Attorney General may require by
regulation'' and inserting ``the Secretary may require''; and
(C) by adding at the end the following: ``If the alien is
involved in a proceeding before an immigration judge or in an
administrative appeal of such proceeding, the alien shall
submit to the Attorney General the alien's current address
and a telephone number, if any, at which the alien may be
contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d)(1) Except as otherwise provided by the Secretary
under paragraph (2), an address provided by an alien under
this section--
``(A) shall be the alien's current residential mailing
address; and
``(B) may not be a post office box, another nonresidential
mailing address, or the address of an attorney,
representative, labor organization, or employer.
``(2) The Secretary may provide specific requirements with
respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a remote
location; and
``(B) the reporting of address information by aliens who
are incarcerated in a Federal, State, or local correctional
facility.
``(3) An alien who is being detained by the Secretary under
this Act--
``(A) is not required to report the alien's current address
under this section while the alien remains in detention; and
``(B) shall notify the Secretary of the alien's address
under this section at the time of the alien's release from
detention.
``(e)(1) Notwithstanding any other provision of law, the
Secretary may provide for the appropriate coordination and
cross referencing of address information provided by an alien
under this section with other information relating to the
alien's address under other Federal programs, including--
``(A) any information pertaining to the alien, which is
submitted in any application, petition, or motion filed under
this Act with the Secretary of Homeland Security, the
Secretary of State, or the Secretary of Labor;
``(B) any information available to the Attorney General
with respect to an alien in a proceeding before an
immigration judge or an administrative appeal or judicial
review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal Alien
Assistance Program.

[[Page S8422]]

``(2) The Secretary may rely on the most recent address
provided by the alien under this section or section 264 to
send to the alien any notice, form, document, or other matter
pertaining to Federal immigration laws, including service of
a notice to appear. The Attorney General and the Secretary
may rely on the most recent address provided by the alien
under section 239(a)(1)(F) to contact the alien about pending
removal proceedings.
``(3) The alien's provision of an address for any other
purpose under the Federal immigration laws does not excuse
the alien's obligation to submit timely notice of the alien's
address to the Secretary under this section (or to the
Attorney General under section 239(a)(1)(F) with respect to
an alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).''.
(b) Conforming Changes With Respect to Registration
Requirements.--Chapter 7 of title II of the Immigration and
Nationality Act (8 U.S.C. 1301 et seq.) is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is authorized'' and
inserting ``Secretary of Homeland Security and Attorney
General are authorized''; and
(ii) by striking ``Attorney General or the Service'' and
inserting ``Secretary or the Attorney General''.
(c) Penalties.--Section 266 of the Immigration and
Nationality Act (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) Any alien or any parent or legal guardian in the
United States of a minor alien who fails to notify the
Secretary of Homeland Security of the alien's current address
in accordance with section 265 shall be fined under title 18,
United States Code, imprisoned for not more than 6 months, or
both.
``(2) Any alien who violates section 265 (regardless of
whether the alien is punished under paragraph (1)) and does
not establish to the satisfaction of the Secretary that such
failure was reasonably excusable or was not willful shall be
taken into custody in connection with removal of the alien.
If the alien has not been inspected or admitted, or if the
alien has failed on more than 1 occasion to submit notice of
the alien's current address as required under section 265,
the alien may be presumed to be a flight risk.
``(3) The Secretary or the Attorney General, in considering
any form of relief from removal which may be granted in the
discretion of the Secretary or the Attorney General, may take
into consideration the alien's failure to comply with section
265 as a separate negative factor. If the alien failed to
comply with the requirements of section 265 after becoming
subject to a final order of removal, deportation, or
exclusion, the alien's failure shall be considered as a
strongly negative factor with respect to any discretionary
motion for reopening or reconsideration filed by the
alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided under paragraph (2),
the amendments made by this section shall apply to
proceedings initiated on or after the date of the enactment
of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.
On page 592, strike line 14.
On page 592, line 17, strike the period at the end and
insert ``; or''.
On page 592, between lines 17 and 18, insert the following:
(G) the alien fails to comply, at any time after being
granted probationary Z nonimmigrant status under subsection
(h) or renewable Z nonimmigrant status under subsection (i),
with the address reporting requirements under section 265 of
the Immigration and Nationality Act (8 U.S.C. 1305).
______

SA 1914. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 116, between lines 18 and 19, insert the following:
(b) Detention of Aliens During Removal Proceedings.--
(1) Detention of inadmissible arriving aliens.--Section 235
of the Immigration and Nationality Act (8 U.S.C. 1225) is
amended by adding at the end the following:
``(e) Length of Detention.--
``(1) In general.--An alien may be detained under this
section, without limitation, until the alien is subject to an
administratively final order of removal.
``(2) Effect on other detention.--The length of a detention
under this section shall not affect the validity of any
detention under section 241.
``(f) Judicial Review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to subsection (e) shall be available exclusively in
a habeas corpus proceeding instituted in the United States
District Court for the District of Columbia if the alien has
exhausted all administrative remedies available to the alien
as of right.''.
(2) Detention of apprehended aliens.--Section 236 of such
Act (8 U.S.C. 1226) is amended--
(A) by redesignating subsection (e) as subsection (f);
(B) by inserting after subsection (e) the following:
``(e) Length of Detention.--
``(1) In general.--An alien may be detained under this
section, without limitation, until the alien is subject to an
administratively final order of removal.
``(2) Effect on other detention.--The length of detention
under this section shall not affect the validity of any
detention under section 241.''; and
(C) in subsection (f), as redesignated, by adding at the
end the following: ``Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to subsection (f) shall be available exclusively in
a habeas corpus proceeding instituted in the United States
District Court for the District of Columbia if the alien has
exhausted all administrative remedies available to the alien
as of right.''.
(c) Severability.--If any provision of this section, any
amendment made by this section, or the application of any
such provision or amendment to any person or circumstance is
held to be invalid for any reason, the remainder of this
section, the amendments made by this section, and the
application of the provisions and amendments made by this
section to any other person or circumstance shall not be
affected by such holding.
______

SA 1915. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

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

[[Page S8423]]

(D) Automatic stays during remands from higher courts.--If
a higher court remands a decision on a motion subject to this
section to a lower court, the order granting prospective
relief which is the subject of the motion shall be
automatically stayed until the district court enters an order
granting or denying the Government's motion.
(E) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of the automatic stay described in subparagraph (A), other
than an order to postpone the effective date of the automatic
stay for not longer than 15 days under subparagraph (C),
shall be--
(i) treated as an order refusing to vacate, modify,
dissolve or otherwise terminate an injunction; and
(ii) immediately appealable under section 1292(a)(1) of
title 28, United States Code.
(3) Pending motions.--
(A) 45 days or less.--Any motion pending for 45 days or
less on the date of the enactment of this Act shall be
treated as if it had been filed on the date of the enactment
of this Act for purposes of this subsection.
(B) More than 45 days.--Every motion to vacate, modify,
dissolve or otherwise terminate an order granting prospective
relief in any civil action pertaining to the administration
or enforcement of the immigration laws of the United States,
which has been pending for more than 45 days on the date of
enactment of this Act, and remains pending on the 10th day
after such date of enactment, shall result in an automatic
stay, without further order of the court, of the prospective
relief that is the subject of any such motion. An automatic
stay pursuant to this subsection shall continue until the
court enters an order granting or denying the Government's
motion. No further postponement of any such automatic stay
pursuant to this subsection shall be available under
paragraph (2)(C).
(4) Requirements for order denying motion.--Subsection (a)
shall apply to any order denying the Government's motion to
vacate, modify, dissolve or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States.
(c) Additional Rules Concerning Prospective Relief
Affecting Expedited Removal.--
(1) Judicial review.--Except as expressly provided under
section 242(e) of the Immigration and Nationality Act (8
U.S.C. 1252(e)) and notwithstanding any other provision of
law, including section 2241 of title 28, United States Code,
any other habeas provision, and sections 1361 and 1651 of
such title, no court has jurisdiction to grant or continue an
order or part of an order granting prospective relief if the
order or part of the order interferes with, affects, or
impacts any determination pursuant to, or implementation of,
section 235(b)(1) of such Act (8 U.S.C. 1225(b)(1)).
(2) Government motion.--If the Government files a motion to
vacate, modify, dissolve, or otherwise terminate an order
granting prospective relief in a civil action identified in
subsection (a), the court shall promptly--
(A) decide whether the court continues to have jurisdiction
over the matter; and
(B) vacate any order or part of an order granting
prospective relief that is not within the jurisdiction of the
court.
(3) Applicability.--Paragraphs (1) and (2) shall not apply
to the extent that an order granting prospective relief was
entered before the date of the enactment of this Act and such
prospective relief is necessary to remedy the violation of a
right guaranteed by the United States Constitution.
(d) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court may not enter, approve, or continue
a consent decree that does not comply with subsection (a).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private
settlement agreement that does not comply with subsection (a)
if the terms of that agreement are not subject to court
enforcement other than reinstatement of the civil proceedings
that the agreement settled.
(e) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree''--
(A) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(B) does not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(f) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this section.
(g) Application of Amendment.--This section shall apply
with respect to all orders granting prospective relief in any
civil action pertaining to the administration or enforcement
of the immigration laws of the United States, whether such
relief was ordered before, on, or after the date of the
enactment of this Act.
(h) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is found to be unconstitutional, the remainder of this
section and the application of the provisions of such to any
person or circumstance shall not be affected by such finding.
______

SA 1916. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 574, strike line 14 and all that follows through
page 575, line 6, and insert the following:
(5) Before the application period.--The Secretary, in the
sole and unreviewable discretion of the Secretary, may
provide an alien with a reasonable opportunity to file an
application under this section after regulations are
promulgated if the alien--
(A) is apprehended after the date of the enactment of this
Act and before the date on which the period for initial
registration closes under subsection (f)(2);
(B) is not described in, or subject to, paragraph (2) or
(3) of section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)), paragraph (2) or (4) of section 237(a) of
such Act (8 U.S.C. 1227(a)), or section 241(a)(5) of such Act
(if the basis for the prior removal was for criminal offenses
or terrorists acts); and
(C) can establish prima facie eligibility for Z
nonimmigrant status.
(6) During certain proceedings.--
(A) In general.--The Attorney General may determine that an
alien who is in removal proceedings as of the date of the
enactment of this Act is prima facie eligible for Z
nonimmigrant status and permit the alien a reasonable
opportunity to apply for such status.
(B) Exception.--Subparagraph (A) shall not apply to any
alien--
(i) who is currently in removal proceedings; or
(ii) who, after the date of the enactment of this Act, is
subject to removal under section 237(a)(1) of the Immigration
and Nationality Act (for inadmissibility under paragraph (2)
or (3) of section 212(a) of the Immigration and Nationality
Act), paragraph (2) or (4) of section 237(a) of such Act, or
section 241(a)(5) of such Act (if the basis for the prior
removal was for criminal offenses or terrorists acts).
(C) Unreviewable decision.--A decision by the Attorney
General to permit an alien currently in removal proceedings
to apply for Z nonimmigrant status is in the sole and
unreviewable discretion of the Attorney General.
______

SA 1917. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 121, strike line 8 and all that follows through
page 122, line 13, and insert the following:
(b) Inadmissibility.--
(1) In general.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (J);
and
(B) by inserting after subparagraph (E) the following:
``(F) Aliens associated with criminal gangs.--
``(i) In general.--Any alien who a consular officer, the
Attorney General, or the Secretary of Homeland Security
determines has at any time has participated in a criminal
gang, or knows or has reason to believe, has participated in
a criminal gang knowing or having reason to know that such
participation will promote, further, aid, or support the
illegal activity of the criminal gang is inadmissible.
``(ii) Waiver.--The Secretary may, in the discretion of the
Secretary, waive the applicability of clause (i) if the
alien--

``(I) is not currently subject to execution of an
outstanding final order of removal, exclusion, or deportation
under section 237(a)(1)(A) (for inadmissibility under this
paragraph or paragraph (3)), or reinstatement of a removal
order under section 241(a)(5) (if the basis for the prior
order was for criminal offenses or terrorists acts covered
under this paragraph, paragraph (3), or paragraph (2) or (4)
of section 237(a));
``(II) establishes urgent humanitarian reasons or
significant public benefit for allowing the alien to remain
in the United States; and
``(III) can establish that his or her removal from the
United States would result in extreme hardship to the alien's
spouse or minor child.

[[Page S8424]]

``(iii) Judicial review.--Notwithstanding any other
provision of law, including section 2241 of title 28, United
States Code, any other habeas corpus provision, and sections
1361 and 1651 of such title, a decision under this
subparagraph may not be reviewed by any court, and no court
shall have jurisdiction to hear any claim arising from, or
any challenge to such decision.''.
(2) Effective date.--The amendments made by this subsection
shall take effect in the date of enactment of this Act and
apply to acts or conduct that occurred before, on or after
the date of enactment.
(c) Deportability.--
(1) In general.--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 associated with criminal gangs.--
``(i) In general.--Any alien, in or admitted to the United
States, who at any time has participated in a criminal gang,
knowing or having reason to know that such participation
would promote, further, aid, or support the illegal activity
of the criminal gang, is deportable.
``(ii) Waiver.--The Secretary may, in the discretion of the
Secretary, waive ineligibility under subsection (i) if the
alien--

``(I) is not currently subject to execution of an
outstanding final order of removal, exclusion, or deportation
under paragraph (1)(A) (for inadmissibility under paragraph
(2) or (3) of section 212(a)), or reinstatement of a removal
order under section 241(a)(5) (if the basis for the prior
order was for criminal offenses or terrorists acts covered
under this paragraph, paragraph (4), or paragraph (2) or (3)
of section 212(a));
``(II) establishes that urgent humanitarian reasons or
significant public benefit exists, as determined by the
Secretary, which warrant allowing the alien to remain in the
United States; and
``(III) establishes that his or her removal from the United
States would result in extreme hardship to the alien's spouse
or minor child.

``(iii) Judicial review.--Notwithstanding any other
provision of law, including section 2241 of title 28, United
States Code, any other habeas corpus provision, and sections
1361 and 1651 of such title, a decision under this
subparagraph may not be reviewed by any court, and no court
shall have jurisdiction to hear any claim arising from, or
any challenge to such decision.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act
and shall apply to acts or conduct that occurred before, on,
or after such date of enactment.
On page 563, strike line 22 and all that follows through
``(2)'' on page 564, line 4, and insert the following:
(2) Waiver.--
(A) In general.--The Secretary may waive the applicability
of paragraph (1)(B) if the alien--
(i) has not been physically removed from the United States
pursuant to the outstanding final order of removal,
deportation or exclusion;
(ii) has never departed the United States since any order
of exclusion, deportation, or removal became final and
subject to execution or been previously removed pursuant to a
final order of removal;
(iii) has been continuously physically present in the
United States since January 1, 2007;
(iv) establishes that urgent humanitarian reasons or
significant public benefit exists, as determined by the
Secretary, which warrant allowing the alien to remain in the
United States; and
(v) can establish that his or her departure from the United
States would result in extreme hardship to the alien's spouse
or minor child.
(B) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States
Code, any other habeas corpus provision, and sections 1361
and 1651 of such title, a decision under this subsection may
not be reviewed by any court, and no court shall have
jurisdiction to hear any claim arising from, or any challenge
to such decision.
(C) Effective date.--This paragraph shall take effect on
the date of the enactment of this Act and shall apply to any
application for Z nonimmigrant status submitted on or after
such date.
(3)
______

SA 1918. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 604, line 12, strike the period and insert ``with
the Secretary not later than 30 days after the date of the
decision. The filing of a motion to reopen or reconsider does
not toll the time for filing an administrative appeal under
paragraph (2).''.
On page 604, lines 20 and 21, strike ``or the mailing
thereof, whichever occurs later in time''.
On page 604, line 22, strike ``The Secretary'' and all that
follows through page 605, line 9, and insert the following:
``Except as provided under paragraph (2), the Secretary shall
place the alien in removal proceedings to which the alien
would otherwise be subject, unless the alien is subject to an
administratively final order of removal (including a removal
order that has not been executed or is subject to
reinstatement pursuant to section 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(5)). No
court shall have jurisdiction to review the timing of the
Secretary's initiation of such proceedings or review the
order of removal, except as otherwise provided by law. If the
alien failed to file a timely petition for review of an
administratively final order of removal, as required under
section 242(b) of such Act, no court shall have jurisdiction
to review the final order of removal and an alien may only
seek review of the denial under section 601(h), termination
under section 601(o), or revocation under section 601(p),
pursuant to section 242(h) of the Immigration and Nationality
Act (8 U.S.C. 1252(h)).''.
On page 605, line 20, strike ``may'' and insert ``shall''.
On page 606, lines 2 through 4, strike ``clauses (1)(F)
(i), (iii), or (iv) of subsection [CITE: 601(d)] of [this
Act] may'' and insert ``clause (i), (iii), or (iv) of section
601(d)(1)(F) shall''.
On page 606, strike lines 7 through 17 and insert the
following:
(C) Final denial, termination, or revocation.--
Notwithstanding subsection (a)(2), the Secretary's denial,
termination, or revocation of the status of any alien
described in subparagraph (A) or (B) may be reviewed only in
removal proceedings initiated pursuant to this paragraph and
shall represent the required exhaustion of all review
procedures for purposes of seeking judicial review under
section 242(h)(3)(C) of the Immigration and Nationality Act
(8 U.S.C. 1252(h)(3)(C)) of a denial under section 601(h), a
termination under section 601(o), or a revocation under
section 601(p).
On page 606, line 21, strike the period and insert ``with
the Attorney General not later than 90 days after the date of
a final decision under paragraph (2)(C). The filing of a
motion to reopen or reconsider with the Attorney General does
not toll the time for filing a petition for review of a final
removal order under section 242(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)(1)).''.
On page 608, line 3, insert ``within 2 years after the date
of such denial, termination, or revocation, and only'' after
``only''.
______

SA 1919. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 184, line 12, strike ``(b)'' and insert the
following:
(b) Limitation on Landowner's Liability.--Section 287 of
the Immigration and Nationality Act (8 U.S.C. 1357) is
amended by inserting after subsection (g) the following:
``(h) Indemnity for Actions of Law Enforcement Officers.--
``(1) In general.--Subject to appropriations, an owner of
land located within 100 miles of the international land
border of the United States may seek reimbursement from the
Department of Homeland Security for any adverse final tort
judgment for negligence (excluding attorneys' fees and costs)
authorized under the Federal or State tort law, arising
directly from such border security activity if--
``(A) such owner has been found negligent by a Federal or
State court in any tort litigation;
``(B) such owner has not already been reimbursed for the
final tort judgment, including outstanding attorney's fees
and costs;
``(C) such owner did not have or does not have sufficient
property insurance to cover the judgment and have had an
insurance claim for such coverage denied; and
``(D) such tort action was brought as a direct result of
activity of law enforcement officers of the Department of
Homeland Security, acting in their official capacity, on the
owner's land.
``(2) Definitions.--In this subsection--
``(A) the term `land' includes roads, water, watercourses,
and private ways, and buildings, structures, machinery and
equipment that is attached to real property; and
``(B) the term `owner' includes the possessor of a fee
interest, a tenant, lessee, occupant, the possessor of any
other interest in land, or any person having a right to grant
permission to use the land.
``(3) Exceptions.--Nothing in this subsection may be
construed to limit landowner liability which would otherwise
exist for--
``(A) willful or malicious failure to guard or warn against
a known dangerous condition, use, structure, or activity
likely to cause harm;
``(B) maintaining an attractive nuisance;
``(C) gross negligence; or
``(D) direct interference with, or hindrance of, any agent
or officer of the Federal Government who is authorized to
enforce the immigration laws of the United States during--
``(i) a patrol of such landowner's land; or
``(ii) any action taken to apprehend or detain any alien
attempting to enter the United States illegally or evade
execution of an arrest warrant for a violation of any
immigration law.
``(4) Savings provision.--Nothing in this subsection may be
construed to affect any right or remedy available pursuant to
the Federal Tort Claims Act.''.
(c)
______

SA 1920. Mr. ALEXANDER submitted an amendment intended to be proposed

[[Page S8425]]

by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 4, between lines 23 and 24, insert the following:
(e) Report to Governors.--
(1) In general.--Not later than 90 days before the
Secretary submits a written certification under subsection
(a), the Secretary shall submit a report to the governors of
the States that share a land border with Mexico that--
(A) describes the progress made in establishing, funding,
and implementing the border security and other measures
described in subsection (a); and
(B) indicates the date on which Secretary's intends to
submit a written certification under subsection (a).
(2) Governors' affirmation.--Not later than 60 days after
receiving a report from the Secretary under paragraph (1), a
governor may submit a report to the appropriate congressional
committees that--
(A) analyzes the accuracy of the information received from
the Secretary; and
(B) indicates whether the governor agrees with the
Secretary that the border security and other measures
described in subsection (a) will be established, funded, and
operational before the Secretary's certification is
submitted.
(3) Effect of governors affirmation.--If a majority of the
border governors indicate their agreement with the Secretary
under paragraph (2)(B), the Secretary may submit the
certification under subsection (a).
(f) Congressional Review of Governors Affirmation.--
(1) In general.--If a majority of the border governors do
not submit a report under subsection (e)(2) that indicates
agreement with the information received from the Secretary
before the end of the 60-day period described in subsection
(e)(2), subtitle A of title IV, title V, and subtitles A
through C of title VI of this Act shall not be implemented
if, during the first 90-calendar day period of continuous
session of the Congress after the end of such period,
Congress passes a Joint Resolution of Immigration Enforcement
expressing opposition to the certification submitted by the
Secretary under subsection (a), in accordance with this
subsection.
(2) Procedures applicable to the senate.--
(A) Rulemaking authority.--The provisions under this
paragraph are enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate,
and as such they are deemed a part of the rules of the
Senate, but applicable only with respect to the procedure to
be followed in the Senate in the case of a Joint Resolution
of Immigration Enforcement, and such provisions supersede
other rules of the Senate only to the extent that they are
inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
(B) Introduction; referral.--
(i) In general.--Not later than the first day on which the
Senate is in session following the end of the 60-day period
described in subsection (e)(2), a Joint Resolution of
Immigration Enforcement shall be introduced (by request) in
the Senate--

(I) by the Majority Leader or Minority Leader of the
Senate; or
(II) if such resolution is not introduced as provided under
subclause (II), by any Senator on the third day on which the
Senate is in session after the end of such period.

(ii) Referral.--Upon introduction, a Joint Resolution of
Immigration Enforcement shall be referred jointly to each of
the appropriate congressional committees by the President of
the Senate. Upon the expiration of 60 days of continuous
session after the end of the 60-day period described in
subsection (e)(2), each committee to which such resolution
was referred shall make its recommendations to the Senate.
(iii) Discharge.--If any committee to which is referred a
resolution introduced under paragraph (2)(A) has not reported
such resolution at the end of 60 days of continuous session
of the Congress after introduction of such resolution, such
committee shall be discharged from further consideration of
such resolution, and such resolution shall be placed on the
legislative calendar of the Senate.
(C) Consideration.--
(i) In general.--After each committee to which a Joint
Resolution of Immigration Enforcement has been referred has
reported, or has been discharged from further consideration
of, a resolution described in paragraph (2)(C), it shall be
in order (even though a previous motion to the same effect
has been disagreed to) for any Member of the Senate to move
to proceed to the consideration of such resolution. Such
motion shall not be debatable. If a motion to proceed to the
consideration of such resolution is agreed to, such
resolution shall remain the unfinished business of the Senate
until the disposition of such resolution.
(ii) Debate.--Debate on a resolution, and on all debatable
motions and appeals in connection with such resolution, shall
be limited to not more than 30 hours, which shall be divided
equally between Members favoring and Members opposing such
resolution. A motion to further limit debate shall be in
order and shall not be debatable. The resolution shall not be
subject to amendment, to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion
to recommit such resolution shall not be in order.
(iii) Final vote.--Immediately following the conclusion of
the debate on a resolution, and a single quorum call at the
conclusion of such debate if requested in accordance with the
rules of the Senate, the vote on such resolution shall occur.
(iv) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a resolution shall be limited to 1 hour
of debate.
(D) Receipt of a resolution from the house.--If the Senate
receives from the House of Representatives a Joint Resolution
of Immigration Enforcement, the following procedures shall
apply:
(i) The resolution shall not be referred to a committee and
shall be placed on the Senate calendar, except that it shall
not be in order to consider such resolution on the calendar
received by the House of Representatives until such time as
the Committee reports such resolution or is discharged from
further consideration of a resolution, pursuant to this
subsection.
(ii) With respect to the disposition by the Senate with
respect to such resolution, on any vote on final passage of a
resolution of the Senate with respect to such approval, a
resolution from the House of Representatives with respect to
such measures shall be automatically substituted for the
resolution of the Senate.
(3) Procedures applicable to the house of
representatives.--
(A) Rulemaking authority.--The provisions of this paragraph
are enacted by Congress--
(i) as an exercise of the rulemaking power of the House of
Representatives, and as such they are deemed a part of the
rules of the House of Representatives, but applicable only
with respect to the procedure to be followed in the House of
Representatives in the case of a Joint Resolution of
Immigration Enforcement, and such provisions supersede other
rules of the House of Representatives only to the extent that
they are inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the House of Representatives to change the rules (so far as
relating to the procedure of the House of Representatives) at
any time, in the same manner, and to the same extent as in
the case of any other rule of the House of Representatives.
(B) Introduction; referral.--A Joint Resolution of
Immigration Enforcement shall upon introduction, be
immediately referred by the Speaker of the House of
Representatives to the appropriate committee or committees of
the House of Representatives. Any such resolution received
from the Senate shall be held at the Speaker's table.
(C) Discharge.--Upon the expiration of 60 days of
continuous session after the introduction of the first
resolution of certification with respect to any measure, each
committee to which such resolution was referred shall be
discharged from further consideration of such resolution, and
such resolution shall be referred to the appropriate
calendar, unless such resolution or an identical resolution
was previously reported by each committee to which it was
referred.
(D) Consideration.--It shall be in order for the Speaker to
recognize a Member favoring a resolution to call up a
resolution of certification after it has been on the
appropriate calendar for 5 legislative days. At the time any
such resolution is called up, the House of Representatives
shall proceed to its immediate consideration and the Speaker
shall recognize the Member calling up such resolution and a
Member opposed to such resolution for 10 hours of debate in
the House of Representatives, to be equally divided and
controlled by such Members. When such time has expired, the
previous question shall be considered as ordered on the
resolution to adoption without intervening motion. No
amendment to any such resolution shall be in order, nor shall
it be in order to move to reconsider the vote by which such
resolution is agreed to or disagreed to.
(E) Receipt of resolution from senate.--If the House of
Representatives receives from the Senate a Joint Resolution
of Immigration Enforcement, the following procedures shall
apply:
(i) Such resolution shall not be referred to a committee.
(ii) With respect to the disposition by the House of
Representatives with respect to such resolution--

(I) the procedure with respect to that or other resolutions
originating in the House of Representatives shall be the same
as if no resolution from the Senate with respect to such
resolution had been received; and
(II) on any vote on final passage of a resolution
originating in the House of Representatives with respect to
such measures, a resolution from the Senate with respect to
such resolution if the text is identical shall be
automatically substituted for the resolution originating in
the House of Representatives.

(g) Defined Term.--In this section, the term ``operational
control'' means the prevention of all unlawful entries into
the United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and
other contraband.

[[Page S8426]]

______

SA 1921. Mr. ALEXANDER (for himself, Mr. Cochran, and Mr. Cornyn)
submitted an amendment intended to be proposed by him to the bill S.
1639, to provide for comprehensive immigration reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 379, between lines 21 and 22, insert the following:

Subtitle C--Strengthening American Citizenship

SECTION 716. SHORT TITLE.

This subtitle may be cited as the ``Strengthening American
Citizenship Act of 2007''.

SEC. 717. DEFINITION.

In this subtitle, the term ``Oath of Allegiance'' means the
binding oath (or affirmation) of allegiance required to be
naturalized as a citizen of the United States, as prescribed
in subsection (e) of section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448(e)), as added by section
_31(a)(2).

CHAPTER 1--LEARNING ENGLISH

SEC. 718. ENGLISH FLUENCY.

(a) Education Grants.--
(1) Establishment.--The Chief of the Office of Citizenship
of the Department (referred to in this subsection as the
``Chief'') shall establish a grant program to provide grants
in an amount not to exceed $500 to assist lawful permanent
residents of the United States who declare an intent to apply
for citizenship in the United States to meet the requirements
under section 312 of the Immigration and Nationality Act (8
U.S.C. 1423).
(2) Use of funds.--Grant funds awarded under this
subsection shall be paid directly to an accredited
institution of higher education or other qualified
educational institution (as determined by the Chief) for
tuition, fees, books, and other educational resources
required by a course on the English language in which the
lawful permanent resident is enrolled.
(3) Application.--A lawful permanent resident desiring a
grant under this subsection shall submit an application to
the Chief at such time, in such manner, and accompanied by
such information as the Chief may reasonably require.
(4) Priority.--If insufficient funds are available to award
grants to all qualified applicants, the Chief shall give
priority based on the financial need of the applicants.
(5) Notice.--The Secretary, upon relevant registration of a
lawful permanent resident with the Department of Homeland
Security, shall notify such lawful permanent resident of the
availability of grants under this subsection for lawful
permanent residents who declare an intent to apply for United
States citizenship.
(b) Faster Citizenship for English Fluency.--Section 316 of
the Immigration and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who
demonstrates English fluency, in accordance with regulations
prescribed by the Secretary of Homeland Security, in
consultation with the Secretary of State, will satisfy the
residency requirement under subsection (a) upon the
completion of 4 years of continuous legal residency in the
United States.''.

SEC. 719. SAVINGS PROVISION.

Nothing in this chapter shall be construed to--
(1) modify the English language requirements for
naturalization under section 312(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)(1)); or
(2) influence the naturalization test redesign process of
the Office of Citizenship of the United States Citizenship
and Immigration Services (except for the requirement under
section 725(b)).

CHAPTER 2--EDUCATION ABOUT THE AMERICAN WAY OF LIFE

SEC. 721. AMERICAN CITIZENSHIP GRANT PROGRAM.

(a) In General.--The Secretary shall establish a
competitive grant program to provide financial assistance
for--
(1) efforts by entities (including veterans and patriotic
organizations) certified by the Office of Citizenship of the
Department to promote the patriotic integration of
prospective citizens into the American way of life by
providing civics, history, and English as a second language
courses, with a specific emphasis on attachment to principles
of the Constitution of the United States, the heroes of
American history (including military heroes), and the meaning
of the Oath of Allegiance; and
(2) other activities approved by the Secretary to promote
the patriotic integration of prospective citizens and the
implementation of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), including grants--
(A) to promote an understanding of the form of government
and history of the United States; and
(B) to promote an attachment to the principles of the
Constitution of the United States and the well being and
happiness of the people of the United States.
(b) Acceptance of Gifts.--The Secretary may accept and use
gifts from the United States Citizenship Foundation,
established under section 722(a), for grants under this
section.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 722. FUNDING FOR THE OFFICE OF CITIZENSHIP.

(a) Authorization.--The Secretary, acting through the
Director of United States Citizenship and Immigration
Services, is authorized to establish the United States
Citizenship Foundation (referred to in this section as the
``Foundation''), an organization duly incorporated in the
District of Columbia, exclusively for charitable and
educational purposes to support the functions of the Office
of Citizenship, which shall include the patriotic integration
of prospective citizens into--
(1) American common values and traditions, including an
understanding of the history of the United States and the
principles of the Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(b) Dedicated Funding.--
(1) In general.--Not less than 1.5 percent of the funds
made available to United States Citizenship and Immigration
Services (including fees and appropriated funds) shall be
dedicated to the functions of the Office of Citizenship,
which shall include the patriotic integration of prospective
citizens into--
(A) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(B) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(2) Sense of congress.--It is the sense of Congress that
dedicating increased funds to the Office of Citizenship
should not result in an increase in fees charged by United
States Citizenship and Immigration Services.
(c) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the mission of the Office of Citizenship, including the
patriotic integration of prospective citizens into--
(1) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.

SEC. 723. RESTRICTION ON USE OF FUNDS.

Amounts appropriated to carry out a program under this
chapter may not be used to organize individuals for the
purpose of political activism or advocacy.

SEC. 724. REPORTING REQUIREMENT.

The Chief of the Office of Citizenship shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on the Judiciary of the Senate, the
Committee on Education and Labor of the House of
Representatives, and the Committee on the Judiciary of the
House of Representatives, an annual report that contains--
(1) a list of the entities that have received funds from
the Office of Citizenship during the reporting period under
this chapter and the amount of funding received by each such
entity;
(2) an evaluation of the extent to which grants received
under this chapter and chapter 1 successfully promoted an
understanding of--
(A) the English language; and
(B) American history and government, including the heroes
of American history, the meaning of the Oath of Allegiance,
and an attachment to the principles of the Constitution of
the United States; and
(3) information about the number of lawful permanent
residents who were able to achieve the knowledge described
under paragraph (2) as a result of the grants provided under
this chapter and chapter 1.

CHAPTER 3--CODIFYING THE OATH OF ALLEGIANCE

SEC. 725. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.

(a) Revision of Oath.--Section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448) is amended--
(1) in subsection (a), by striking ``under section 310(b)
an oath'' and all that follows through ``personal moral
code.'' and inserting ``under section 310(b), the oath (or
affirmation) of allegiance prescribed in subsection (e).'';
and
(2) by adding at the end the following:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or
affirmation) of allegiance prescribed in this subsection is
as follows: `I take this oath solemnly, freely, and without
any mental reservation. I absolutely and entirely renounce
all allegiance to any foreign state or power of which I have
been a subject or citizen. My fidelity and allegiance from
this day forward are to the United States of America. I will
bear true faith and allegiance to the Constitution and laws
of the United States, and will support and defend them
against all enemies, foreign and domestic. I will bear arms,
or perform noncombatant military or civilian service, on
behalf of the United States when required by law. This I do
solemnly swear, so help me God.'.

[[Page S8427]]

``(2) If a person, by reason of religious training and
belief (or individual interpretation thereof) or for other
reasons of good conscience, cannot take the oath prescribed
in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation'
shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to
the satisfaction of the Attorney General that such person, by
reason of religious training and belief, cannot take the oath
prescribed in paragraph (1)--
``(A) because such person is opposed to the bearing of arms
in the Armed Forces of the United States, the words `bear
arms, or' shall be omitted; and
``(B) because such person is opposed to any type of service
in the Armed Forces of the United States, the words `bear
arms, or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious
training and belief'--
``(A) means a belief of an individual in relation to a
Supreme Being involving duties superior to those arising from
any human relation; and
``(B) does not include essentially political, sociological,
or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of
allegiance' under this section shall be deemed to refer to
the oath (or affirmation) of allegiance prescribed under this
subsection.''.
(b) History and Government Test.--The Secretary shall
incorporate a knowledge and understanding of the meaning of
the Oath of Allegiance into the history and government test
given to applicants for citizenship.
(c) Notice to Foreign Embassies.--Upon the naturalization
of a new citizen, the Secretary, in cooperation with the
Secretary of State, shall notify the embassy of the country
of which the new citizen was a citizen or subject that such
citizen has--
(1) renounced allegiance to that foreign country; and
(2) sworn allegiance to the United States.
(d) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 6 months after the date
of the enactment of this Act.

CHAPTER 4--CELEBRATING NEW CITIZENS

SEC. 726. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.

(a) Establishment.--There is established a new citizens
award program to recognize citizens who--
(1) have made an outstanding contribution to the United
States; and
(2) are naturalized during the 10-year period ending on the
date of such recognition.
(b) Presentation Authorized.--
(1) In general.--The President is authorized to present a
medal, in recognition of outstanding contributions to the
United States, to citizens described in subsection (a).
(2) Maximum number of awards.--Not more than 10 citizens
may receive a medal under this section in any calendar year.
(c) Design and Striking.--The Secretary of the Treasury
shall strike a medal with suitable emblems, devices, and
inscriptions, to be determined by the President.
(d) National Medals.--The medals struck pursuant to this
section are national medals for purposes of chapter 51 of
title 31, United States Code.

SEC. 727. NATURALIZATION CEREMONIES.

(a) In General.--The Secretary, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under this section,
the Secretary shall consider the use of outstanding and
historic locations as venues for select naturalization
ceremonies.
(c) Reporting Requirement.--The Secretary shall annually
submit a report to Congress that contains--
(1) the content of the strategy developed under this
section; and
(2) the progress made towards the implementation of such
strategy.
______

SA 1922. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 376, between lines 11 and 12, insert the following:

SEC. 711A. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH
PROFICIENCY.

(a) In General.--The Comptroller General of the United
States shall conduct a study on--
(1) the needs of citizens and lawful permanent residents of
the United States whose native language is not English to
obtain English language and literacy proficiency;
(2) the estimated costs to the public and private sector
resulting from those residents of the United States who lack
English language proficiency; and
(3) the estimated costs of operating English language
acquisition programs in the public and private sector for
those residents of the United States who lack English
language proficiency.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an inventory of all existing Federal programs designed
to improve English language and literacy acquisition for
adult citizens and lawful permanent residents of the United
States, including--
(A) a description of the purpose of each such program;
(B) a summary of the Federal expenditures for each such
program during fiscal years 2002 through 2006;
(C) data on the participation rates of individuals within
each such program and those who have expressed an interest in
obtaining English instruction but have been unable to
participate in existing programs;
(D) a summary of evaluations and performance reviews of the
effectiveness and sustainability of each such program; and
(E) a description of the coordination of Federal programs
with private and nonprofit programs;
(2) the identification of model programs at the Federal,
State, and local level with demonstrated effectiveness in
helping adult citizens and lawful permanent residents of the
United States gain English language and literacy proficiency;
(3) a summary of funding for State and local programs that
support improving the English language proficiency and
literacy of citizens and lawful permanent residents of the
United States;
(4) a summary of the costs incurred and benefits received
by Federal, State, and local governments in serving citizens
and lawful permanent residents of the United States who are
not proficient in English, including--
(A) costs for foreign language translators;
(B) the production of documents in multiple languages; and
(C) compliance with Executive Order 13166;
(5) an analysis of the costs incurred by businesses that
employ citizens and lawful permanent residents of the United
States who are not proficient in English, including--
(A) costs for English training and foreign language
translation;
(B) an estimate of lost productivity; and
(C) costs for providing English training to employees;
(6) the number of lawful permanent residents who are
eligible to naturalize as citizens of the United States; and
(7) recommendations regarding the most cost-effective
actions the Federal government could take to assist citizens
and lawful permanent residents of the United States to
quickly learn English.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report containing the findings from the
study conducted under this section to--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Education and Labor of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2008 and 2009 to carry out this section.
______

SA 1923. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 376, strike lines 9 through 11, and insert the
following:
(b) Assessment Tools.--The Director of the United States
Citizenship and Immigration Services, in consultation with
the Secretary of Education, shall develop valid and reliable
assessment tools to measure the progress of individuals--
(1) in the acquisition of the English language under
subsection (a); and
(2) in meeting any other English language requirements in
this Act.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Education such sums as
are necessary to carry out the purposes of this section.
______

SA 1924. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 375, strike lines 25 through 34, and insert the
following:

SEC. 710. HISTORY AND GOVERNMENT TEST.

(a) In General.--The Secretary shall incorporate a
knowledge and understanding of the meaning of the Oath of
Allegiance provided by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448) into the history and
government test given to applicants for citizenship.
(b) Test Redesign.--The goals of any naturalization test
redesign undertaken by the Office of Citizenship of the
United States Citizenship and Immigration Services with
respect to determining if a candidate for naturalization
meets the requirements relating to the English language and
the fundamentals of the history, and of the principles and

[[Page S8428]]

form of government, of the United States, under section 312
of the Immigration and Nationality Act, shall include that a
candidate demonstrate--
(1) a sufficient understanding of the English language for
usage in everyday life;
(2) an understanding of American common values and
traditions, including the principles of the Constitution of
the United States, the Pledge of Allegiance, respect for the
flag of the United States, the National Anthem, and voting in
public elections;
(3) an understanding of the history of the United States,
including the key events, key persons, key ideas, and key
documents that shaped the institutions and democratic
heritage of the United States;
(4) an attachment to the principles of the Constitution of
the United States and the well-being and happiness of the
people of the United States; and
(5) an understanding of the rights and responsibilities of
citizenship in the United States.
(c) Report.--The United States Citizenship and Immigration
Service shall report to Congress on how the current test
redesign is meeting the requirements described in subsection
(b).
(d) Definitions.--As used in this section:
(1) Key documents.--The term ``key documents'' means the
documents that established or explained the foundational
principles of democracy in the United States, including the
United States Constitution and the amendments to the
Constitution (particularly the Bill of Rights), the
Declaration of Independence, the Federalist Papers, and the
Emancipation Proclamation.
(2) Key events.--The term ``key events'' means the critical
turning points in the history of the United States ,
including the American Revolution, the Civil War, the world
wars of the twentieth century, the civil rights movement, and
the major court decisions and legislation that contributed to
extending the promise of democracy in American life.
(3) Key ideas.--The term ``key ideas'' means the ideas that
shaped the democratic institutions and heritage of the United
States, including the notion of equal justice under the law,
freedom, individualism, human rights, and a belief in
progress.
(4) Key persons.--The term ``key persons'' means the men
and women who led the United States as founding fathers,
elected officials, scientists, inventors, pioneers, advocates
of equal rights, entrepreneurs, and artists.
______

SA 1925. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 2, lines 8 and 9, strike ``based on analysis by and
in consultation with the Comptroller General'' and insert the
following: ``based on analysis by the Comptroller General,
and in consultation with the Comptroller General, the
Committee on the Judiciary and the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives''.
______

SA 1926. Mr. DOMENICI (for himself, Mr. Martinez, and Mrs. Hutchison)
submitted an amendment intended to be proposed by him to the bill S.
1639, to provide for comprehensive immigration reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DISTRICT JUDGES FOR THE DISTRICT COURTS IN BORDER
STATES.

(a) In General.--The President shall appoint, by and with
the advice and consent of the Senate--
(1) 4 additional district judges for the district of
Arizona;
(2) 4 additional district judges for the central district
of California;
(3) 4 additional district judges for the eastern district
of California;
(4) 2 additional district judges for the northern district
of California;
(5) 4 additional district judges for the middle district of
Florida;
(6) 2 additional district judges for the southern district
of Florida;
(7) 1 additional district judge for the district of
Minnesota;
(8) 1 additional district judge for the district of New
Mexico;
(9) 3 additional district judges for the eastern district
of New York;
(10) 1 additional district judge for the western district
of New York;
(11) 1 additional district judge for the eastern district
of Texas;
(12) 2 additional district judges for the southern district
of Texas;
(13) 1 additional district judge for the western district
of Texas; and
(14) 1 additional district judge for the western district
of Washington.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 1 additional district judge for the district of
Arizona;
(B) 1 additional district judge for the central district of
California;
(C) 1 additional district judge for the northern district
of California;
(D) 1 additional district judge for the middle district of
Florida;
(E) 1 additional district judge for the southern district
of Florida;
(F) 1 additional district judge for the district of Idaho;
and
(G) 1 additional district judge for the district of New
Mexico.
(2) Vacancies.--For each of the judicial districts named in
this subsection, the first vacancy arising on the district
court 10 years or more after a judge is first confirmed to
fill the temporary district judgeship created in that
district by this subsection shall not be filled.
(c) Existing Judgeships.--The existing judgeships for the
district of Arizona and the district of New Mexico authorized
by section 312(c) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273, 116
Stat. 1758), as of the effective date of this Act, shall be
authorized under section 133 of title 28, United States Code,
and the incumbents in those offices shall hold the office
under section 133 of title 28, United States Code, as amended
by this Act.
(d) Tables.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to
each judicial district, reflect the changes in the total
number of permanent district judgeships authorized as a
result of subsections (a) and (c), such table is amended to
read as follows:

``Districts                                                      Judges
Alabama:
Northern..........................................................7
Middle............................................................3
Southern..........................................................3
Alaska................................................................3
Arizona..............................................................17
Arkansas:
Eastern...........................................................5
Western...........................................................3
California:
Northern.........................................................16
Eastern..........................................................10
Central..........................................................31
Southern.........................................................13
Colorado..............................................................7
Connecticut...........................................................8
Delaware..............................................................4
District of Columbia.................................................15
Florida:
Northern..........................................................4
Middle...........................................................19
Southern.........................................................19
Georgia:
Northern.........................................................11
Middle............................................................4
Southern..........................................................3
Hawaii................................................................3
Idaho.................................................................2
Illinois:
Northern.........................................................22
Central...........................................................4
Southern..........................................................4
Indiana:
Northern..........................................................5
Southern..........................................................5
Iowa:
Northern..........................................................2
Southern..........................................................3
Kansas................................................................5
Kentucky:
Eastern...........................................................5
Western...........................................................4
Eastern and Western...............................................1
Louisiana:
Eastern..........................................................12
Middle............................................................3
Western...........................................................7
Maine.................................................................3
Maryland.............................................................10
Massachusetts........................................................13
Michigan:
Eastern..........................................................15
Western...........................................................4
Minnesota.............................................................8
Mississippi:
Northern..........................................................3
Southern..........................................................6
Missouri:
Eastern...........................................................6
Western...........................................................5
Eastern and Western...............................................2
Montana...............................................................3
Nebraska..............................................................3
Nevada................................................................7
New Hampshire.........................................................3
New Jersey...........................................................17
New Mexico............................................................8
New York:
Northern..........................................................5
Southern.........................................................28
Eastern..........................................................18
Western...........................................................5
North Carolina:
Eastern...........................................................4
Middle............................................................4
Western...........................................................3
North Dakota..........................................................2
Ohio:
Northern.........................................................11
Southern..........................................................8
Oklahoma:
Northern..........................................................3
Eastern...........................................................1
Western...........................................................6
Northern, Eastern, and Western....................................1
Oregon................................................................6
Pennsylvania:
Eastern..........................................................22
Middle............................................................6
Western..........................................................10
Puerto Rico...........................................................7
Rhode Island..........................................................3
South Carolina.......................................................10
South Dakota..........................................................3
Tennessee:
Eastern...........................................................5

[[Page S8429]]

Middle............................................................4
Western...........................................................5
Texas:
Northern.........................................................12
Southern.........................................................21
Eastern...........................................................8
Western..........................................................14
Utah..................................................................5
Vermont...............................................................2
Virginia:
Eastern..........................................................11
Western...........................................................4
Washington:
Eastern...........................................................4
Western...........................................................8
West Virginia:
Northern..........................................................3
Southern..........................................................5
Wisconsin:
Eastern...........................................................5
Western...........................................................2
Wyoming...........................................................3.''.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to provide
appropriate space and facilities for the judicial positions
created under this section.
(f) Funding.--Notwithstanding any other provision of law,
the Attorney General shall transfer, for each of the fiscal
years 2008 through 2017, $8,000,000 from the Department of
Justice Assets Forfeiture Fund to the general fund of the
Treasury to carry out this section.
______

SA 1927. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 117, line 4, insert ``, even if the length of the
term of imprisonment for the offense is based on recidivist
or other enhancements,'' after ``15 years''.
On Page 117, line 14, strike lines 14 beginning at and
through page 118, line 8, and insert:
(4) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275
or 276 for which the term of imprisonment is at least 1
year'';
(5) by striking the undesignated matter following
subparagraph (U);
(6) in subparagraph (E)--
(A) in clause (ii), by inserting ``,(c),'' after ``924(b)''
and by striking ``or'' at the end, and
(B) by adding at the end the following new clauses:
``(iv) section 2250 of title 18, United States Code
(relating to failure to register as a sex offender); or
``(v) section 521(d) of title 18, United States Code (
relating to penalties for offenses committed by criminal
street gangs);''; and
(7) by amending subparagraph (F) to read as follows:
``(F) either--
``(i) a crime of violence (as defined in section 16 of
title 18, United States Code, but not including a purely
political offense), or
``(ii) a third conviction for driving while intoxicated (
including a third conviction for driving while under the
influence or impaired by alcohol or drugs), without regard to
whether the conviction is classified as a misdemeanor or
felony under State law,
for which the term of imprisonment is at least one year;''.
(b) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any act that occurred before, on, or after
such date of enactment.
In title II, insert after section 203 the following:

SEC. 203A. TERRORIST BAR TO GOOD MORAL CHARACTER.

(a) Definition of Good Moral Character.--Section 101(f) (8
U.S.C. 1101(f)) is amended by inserting after paragraph (1)
the following:
``(2) one who the Secretary of Homeland Security or the
Attorney General determines, in the unreviewable discretion
of the Secretary or the Attorney General, to have been at any
time an alien described in section 212(a)(3) or 237(a)(4),
which determination--
``(A) may be based upon any relevant information or
evidence, including classified, sensitive, or national
security information; and
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act
and shall apply to--
(1) any act that occurred before, on, or after the date of
the enactment of this Act, and
(2) any application for naturalization or any other benefit
or relief, or any other case or matter under the immigration
laws, pending on or filed after the date of enactment of this
Act.

SEC. 203B. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF
AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

(a) Inadmissibility On Criminal and Related Grounds;
Waivers.--Section 212 (8 U.S.C. 1182) is amended--
(1) by adding at the end of subsection (a)(2) the following
new subparagraphs:
``(J) Certain firearm offenses.--Any alien who at any time
has been convicted under any law of, or who admits having
committed or admits committing acts which constitute the
essential elements of, purchasing, selling, offering for
sale, exchanging, using, owning, possessing, or carrying, or
of attempting or conspiring to purchase, sell, offer for
sale, exchange, use, own, possess, or carry, any weapon,
part, or accessory which is a firearm or destructive device
(as defined in section 921(a) of title 18, United States
Code) in violation of any law is inadmissible.
``(K) Aggravated felons.--Any alien who has been convicted
of an aggravated felony at any time is inadmissible.
``(L) Crimes of domestic violence, stalking, or violation
of protection orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--Any
alien who at any time is convicted of, or who admits having
committed or admits committing acts which constitute the
essential elements of, a crime of domestic violence, a crime
of stalking, or a crime of child abuse, child neglect, or
child abandonment is inadmissible. For purposes of this
clause, the term `crime of domestic violence' means any crime
of violence (as defined in section 16 of title 18, United
States Code) against a person committed by a current or
former spouse of the person, by an individual with whom the
person shares a child in common, by an individual who is
cohabiting with or has cohabited with the person as a spouse,
by an individual similarly situated to a spouse of the person
under the domestic or family violence laws of the
jurisdiction where the offense occurs, or by any other
individual against a person who is protected from that
individual's acts under the domestic or family violence laws
of the United States or any State, Indian tribal government,
or unit of local or foreign government.
``(ii) Violators of protection orders.--Any alien who at
any time is enjoined under a protection order issued by a
court and whom the court determines has engaged in conduct
that violates the portion of a protection order that involves
protection against credible threats of violence, repeated
harassment, or bodily injury to the person or persons for
whom the protection order was issued is inadmissible. For
purposes of this clause, the term `protection order' means
any injunction issued for the purpose of preventing violent
or threatening acts of domestic violence, including temporary
or final orders issued by civil or criminal courts (other
than support or child custody orders or provisions) whether
obtained by filing an independent action or as a independent
order in another proceeding.''; and
(2) in subsection (h)--
(A) by striking ``The Attorney General may, in his
discretion, waive the application of subparagraphs (A)(i)(I),
(B), (D), and (E) of subsection (a)(2)'' and inserting ``The
Attorney General or the Secretary of Homeland Security may,
in his discretion, waive the application of subparagraphs
(A)(i)(I), (III), (B), (D), (E), and (L) of subsection
(a)(2)'';
(B) by striking ``if either since the date of such
admission the alien has been convicted of an aggravated
felony or the alien'' in the next to last sentence and
inserting ``if since the date of such admission the alien'';
and
(C) by inserting ``or Secretary of Homeland Security''
after ``the Attorney General'' each place it appears.
(b) Deportability for Criminal Offenses Involving
Identification.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is
amended by adding after subparagraph (E) the following new
subparagraph:
``(F) Criminal offenses involving identification.--An alien
shall be considered to be deportable if the alien has been
convicted of a violation of (or a conspiracy or attempt to
violate) an offense described in section 208 of the Social
Security Act (42 U.S.C. 408) (relating to social security
account numbers or social security cards) or section 1028 of
title 18, United States Code (relating to fraud and related
activity in connection with identification).''.
(c) Effective Date.--The amendments made by this section
shall apply to--
(1) any act that occurred before, on, or after the date of
enactment, and
(2) to all aliens who are required to establish
admissibility on or after the date of enactment of this
section, and in all removal, deportation, or exclusion
proceedings that are filed, pending, or reopened, on or after
such date.
(d) Construction.--The amendments made by subsection (a)
shall not be construed to create eligibility for relief from
removal under former section 212(c) of the Immigration and
Nationality Act if such eligibility did not exist before the
amendments became effective.
On page 119, lines 21 and 22, strike ``, which is
punishable by a sentence of imprisonment of five years or
more''.
On page 121, beginning with line 15, through page 17,
strike ``Unless the Secretary of Homeland Security or the
Attorney General waives the application of this subparagraph,
any'' and insert ``Any''.
On page 121, strike beginning line 8 then page 122. line
13.
On page 122, lines 10 through 13, strike ``The Secretary of
Homeland Security or the Attorney General may in his
discretion waive this subparagraph.''.
On page 123, strike all text beginning at line 23 through
page 128 line 25.
On page 562, strike lines 1 through 6, and insert:

[[Page S8430]]

(A) is inadmissible to the United States under section
212(a) of the Act (8 U.S.C. 1182(a)), except as provided in
paragraph (2);
On page 563, strike lines 22 through page 564, line 3, and
insert:
(I) is an alien who is described in or subject to section
237(a)(2)(A)(iii), (iv) or (v) of the Act (8 U.S.C.
1227(a)(2)(A)(iii), (iv) or (v)), except if the alien has
been granted a full and unconditional pardon by the President
of the United States of the Governor of any of the several
States, as provided in section 237(a)(2)(A)(vi) of the Act (8
U.S.C. 1227(a)(2)(A)(vi);
(J) is an alien who is described in or subject to section
237(a)(4) of the Act (8 U.S.C. 1227(a)(4); and
(K) is an alien who is described in or subject to section
237(a)(3)(C) of the Act (8 U.S.C. 1227(a)(3)(C)), except if
the alien is approved for a waiver as authorized under
section 237 (a)(3)(C)(ii) of the Act (8 U.S.C.
1227(a)(3)(C)(ii)).
On page 564, line 14, strike ``(9)(C)(i)(I),''.
On page 565, line 11, strike ``section
212(a)(9)(C)(i)(II)'' and insert ``section 212(a)(9)(C)''.
On page 565, between lines 15 and 16, insert:

(VII) section 212(a)(6)(E) of the Act (8 U.S.C.
1182(a)(6)(E)), except if the alien is approved for a waiver
as authorized under section 212(d)(11) of the Act (8 U.S.C.
1182(d)(11)); or
(VIII) section 212(a)(9)(A) of the Act (8 U.S.C.
1182(a)(9)(A)).

On page 565, strike lines 16 through 22.
On page 567, between lines 13 and 14, insert:
(5) Good moral character.--The alien must establish that he
or she is a person of good moral character ( within the
meaning of section 101(f) of the Act (8 U.S.C. 1101(f))
during the past three years and continue to be a person of
such good moral character.
On page 567, line 14 strike ``(5)'' and insert ``(6)''.
On page 569, line 22 strike ``(6)'' and insert ``(7)''.
On page 569, line 24 strike ``(7)'' and insert ``(8)''.
______

SA 1928. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In the appropriate place at the end of section 1, insert
the following at the end of section 1:
``(e) Reduction in Illegal Immigration.--the Secretary
shall submit a written certification to the President and the
Congress, based on analysis by and in consultation with the
Comptroller General as follows:
``(1) within 18 months of enactment that illegal
immigration at the border is reduced by 50% and the current
level of overstay by nonimmigrant visa holders is reduced by
50%; and
``(2) within 24 months of enactment that illegal
immigration at the border is reduced by 65% and the current
level of overstay by nonimmigrant visa holders is reduced by
65%; and
``(3) within 30 months of enactment that illegal
immigration at the border is reduced by 75% and the current
level of overstay by nonimmigrant visa holders is reduced by
75%; and
``(4) within 36 months of enactment that illegal
immigration at the border is reduced by 90% and the current
level of overstay by nonimmigrant visa holders is reduced by
90%; and
``(5) within 42 months that effective systems are in place
to maintain a permanently secure border and prevent the
overstay of nonimmigrant visa holders.''
______

SA 1929. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 7, line 21, strike ``(v) Implementation of programs
authorized in titles IV and VI''.
______

SA 1930. Mr. COBURN (for himself, Mr. DeMint, Mr. Inhofe, Mr.
Sessions, Mrs. Hutchison, Mr. Vitter, and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

On page 1, strike line 3 and all that follows through page
6, line 11 and insert the following:

SECTION 1. EFFECTIVE DATE TRIGGERS.

(a) In General.--With the exception of the provisions of
subtitle C of title IV, and the admission of aliens under
section 101(a)(15)(H)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by title IV,
the programs established by title IV, and the programs
established by title VI that grant legal status to any
individual or that adjust the current status of any
individual who is unlawfully present in the United States to
that of an alien lawfully admitted for permanent residence,
shall become effective on the date that subsections (e)
through (i) have been fulfilled and after the Secretary
submits a written certification to the President and the
Congress, based on analysis by and in consultation with the
Comptroller General, that each of the following border
security and other measures are established, funded, and
operational:
(1) Operational control of the international border with
mexico.--The Secretary of Homeland Security has established
and demonstrated operational control of 100 percent of the
international land border between the United States and
Mexico, including the ability to monitor such border through
available methods and technology.
(2) Staff enhancements for border patrol.--The United
States Customs and Border Protection Border Patrol has hired,
trained, and reporting for duty 20,000 full-time agents as of
the date of the certification under this subsection.
(3) Strong border barriers.--There has been--
(A) installed along the international land border between
the United States and Mexico as of the date of the
certification under this subsection, at least--
(i) 300 miles of vehicle barriers;
(ii) 370 miles of fencing; and
(iii) 105 ground-based radar and camera towers; and
(B) deployed for use along the international land border
between the United States and Mexico, as of the date of the
certification under this subsection, 4 unmanned aerial
vehicles, and the supporting systems for such vehicles.
(4) Catch and return.--The Secretary of Homeland Security
is detaining all removable aliens apprehended crossing the
international land border between the United States and
Mexico in violation of Federal or State law, except as
specifically mandated by Federal or State law or humanitarian
circumstances, and United States Immigration and Customs
Enforcement has the resources to maintain this practice,
including the resources necessary to detain up to 31,500
aliens per day on an annual basis.
(5) Workplace enforcement tools.--In compliance with the
requirements of title III of this Act, the Secretary of
Homeland Security has established, and is using, secure and
effective identification tools to prevent unauthorized
workers from obtaining employment in the United States. Such
identification tools shall include establishing--
(A) strict standards for identification documents that are
required to be presented by the alien to an employer in the
hiring process, including the use of secure documentation
that--
(i) contains--

(I) a photograph of the alien; and
(II) biometric data identifying the alien; or

(ii) complies with the requirements for such documentation
under the REAL ID Act (Public Law 109-13; 119 Stat. 231); and
(B) an electronic employment eligibility verification
system that is capable of querying Federal and State
databases in order to restrict fraud, identity theft, and use
of false social security numbers in the hiring of aliens by
an employer by electronically providing a digitized version
of the photograph on the alien's original Federal or State
issued document or documents for verification of that alien's
identity and work eligibility.
(6) Processing applications of aliens.--The Secretary of
Homeland Security has received, and is processing and
adjudicating in a timely manner, applications for Z
nonimmigrant status under title VI of this Act, including
conducting all necessary background and security checks
required under that title.
(b) Sense of Congress.--It is the sense of Congress that
the border security and other measures described in
subsection (a) shall be completed as soon as practicable,
subject to the necessary appropriations.
(c) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
requirements under subsection (a) are met, the President
shall submit a report to Congress detailing the progress made
in funding, meeting, or otherwise satisfying each of the
requirements described under paragraphs (1) through (6) of
subsection (a), including detailing any contractual
agreements reached to carry out such measures.
(2) Progress not sufficient.--If the President determines
that sufficient progress is not being made, the President
shall include in the report required under paragraph (1)
specific funding recommendations, authorization needed, or
other actions that are or should be undertaken by the
Secretary of Homeland Security.
(d) GAO Report.--Not later than 30 days after the
certification is submitted under subsection (a), the
Comptroller General shall submit a report to Congress on the
accuracy of such certification.
(e) Certification of Implementation of Existing Provisions
of Law.--
(1) In general.--In addition to the requirements under
subsection (a), at such time as any of the provisions
described in paragraph (2) have been satisfied, the Secretary
of the department or agency responsible for implementing the
requirements shall certify to the President that the
provisions of paragraph (2) have been satisfied.
(2) Existing law.--The following provisions of existing law
shall be fully implemented, as directed by Congress, prior to
the certification set forth in paragraph (1):
(A) The Department has achieved and maintained operational
control over the entire international land and maritime
borders of the United States as required under the Secure
Fence Act of 2006 (Public Law 109-367)

[[Page S8431]]

(B) The total miles of fence required under such Act, and
as further amended by this Act, have been constructed.
(C) All databases maintained by the Department which
contain information on aliens shall be fully integrated as
required by section 202 of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
(D) The Department shall have implemented a system to
record the departure of every alien departing the United
States and of matching records of departure with the records
of arrivals in the United States through the US-VISIT program
as required by section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221
note).
(E) The provision of law that prevents States and
localities from adopting ``sanctuary'' policies or that
prevents State and local employees from communicating with
the Department are fully enforced as required by section 642
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373).
(F) The Department employs fully operational equipment at
each port of entry and uses such equipment in a manner that
allows unique biometric identifiers to be compared and visas,
travel documents, passports, and other documents
authenticated in accordance with section 303 of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1732).
(G) An alien with a border crossing card is prevented from
entering the United States until the biometric identifier on
the border crossing card is matched against the alien as
required by section 101(a)(6) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(6)).
(H) Any alien who is likely to become a public charge is
denied entry into the United States pursuant to section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)).
(f) Presidential Review of Certifications.--
(1) Presidential review.--
(A) In general.--Not later than 60 days after the President
has received a certification, the President may approve or
disapprove the certification. Any Presidential disapproval of
a certification shall be made if the President believes that
the requirements set forth have not been met.
(B) Disapproval.--In the event the President disapproves of
a certification, the President shall deliver a notice of
disapproval to the Secretary of the department or agency
which made such certification. Such notice shall contain
information that describes the manner in which the
immigration enforcement measure was deficient, and the
Secretary of the department or agency responsible for
implementing said immigration enforcement measure shall
continue to work to implement such measure.
(C) Continuation of implementation.--The Secretary of the
department or agency responsible for implementing an
immigration enforcement measure shall consider such measure
approved, unless the Secretary receives the notice set forth
in subparagraph (B). In instances where an immigration
enforcement measure is deemed approved, the Secretary shall
continue to ensure that the immigration enforcement measure
continues to be fully implemented as directed by the
Congress.
(g) Presidential Certification of Immigration
Enforcement.--
(1) In general.--Not later than 90 days after the final
certification has been approved by the President, the
President shall submit to the Congress a notice of
Presidential Certification of Immigration Enforcement.
(2) Report.--The certification required under paragraph (1)
shall be submitted with an accompanying report that details
such information as is necessary for the Congress to make an
independent determination that each of the immigration
enforcement measures has been fully and properly implemented.
(3) Contents.--The Presidential Certification required
under paragraph (1) shall be submitted--
(A) in the Senate, to the Majority Leader, the Minority
Leader, and the chairman and ranking member of the Committee
on the Judiciary, the Committee on Homeland Security and
Government Affairs; and the Committee on Finance; and
(B) in the House of Representatives, to the Speaker, the
Majority Leader, the Minority Leader, and the chairman and
ranking member of the Committee on the Judiciary, the
Committee on Homeland Security; and the Committee on Ways and
Means.
(h) Congressional Review of Presidential Certification.--
(1) In general.--If a Presidential Certification of
Immigration Enforcement is made by the President under this
section, the programs described in the matter preceding
paragraph (1) of subsection (a) shall not be implemented
unless, during the first 90-calendar day period of continuous
session of Congress after the receipt of notice of
Presidential Certification of Immigration Enforcement,
Congress passes a Resolution of Presidential Certification of
Immigration Enforcement in accordance with this subsection,
and such resolution is enacted into law.
(2) Procedures applicable to the senate.--
(A) Rulemaking authority.--The provisions under this
paragraph are enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate,
and as such they are deemed a part of the rules of the
Senate, but applicable only with respect to the procedure to
be followed in the Senate in the case of a Resolution of
Immigration Enforcement, and such provisions supersede other
rules of the Senate only to the extent that they are
inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
(B) Introduction; referral.--
(i) In general.--Not later than the first day on which the
Senate is in session following the day on which any notice of
Presidential Certification of Immigration Enforcement is
received by the Congress, a Resolution of Presidential
Certification of Immigration Enforcement shall be introduced
(by request) in the Senate by either the Majority Leader or
Minority Leader. If such resolution is not introduced as
provided in the preceding sentence, any Senator may introduce
such resolution on the third day on which the Senate is in
session after the date or receipt of the Presidential
Certification of Immigration Enforcement.
(ii) Referral.--Upon introduction, a Resolution of
Presidential Certification of Immigration Enforcement shall
be referred jointly to each of the committees having
jurisdiction over the subject matter referenced in the
Presidential Certification of Immigration Enforcement by the
President of the Senate. Upon the expiration of 60 days of
continuous session after the introduction of the Resolution
of Presidential Certification of Immigration Enforcement,
each committee to which such resolution was referred shall
make its recommendations to the Senate.
(iii) Discharge.--If any committee to which is referred a
resolution introduced under paragraph (2)(A) has not reported
such resolution at the end of 60 days of continuous session
of the Congress after introduction of such resolution, such
committee shall be discharged from further consideration of
such resolution, and such resolution shall be placed on the
legislative calendar of the Senate.
(C) Consideration.--
(i) In general.--When each committee to which a resolution
has been referred has reported, or has been discharged from
further consideration of such resolution, it shall at any
time thereafter be in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the
Senate to move to proceed to the consideration of such
resolution. Such motion shall not be debatable. If a motion
to proceed to the consideration of such resolution is agreed
to, such resolution shall remain the unfinished business of
the Senate until the disposition of such resolution.
(ii) Debate.--Debate on a resolution, and on all debatable
motions and appeals in connection with such resolution, shall
be limited to not more than 30 hours, which shall be divided
equally between Members favoring and Members opposing such
resolution. A motion to further limit debate shall be in
order and shall not be debatable. The resolution shall not be
subject to amendment, to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion
to recommit such resolution shall not be in order.
(iii) Final vote.--Immediately following the conclusion of
the debate on a resolution of approval, and a single quorum
call at the conclusion of such debate if requested in
accordance with the rules of the Senate, the vote on such
resolution shall occur.
(iv) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a resolution of approval shall be
limited to 1 hour of debate.
(D) Receipt of a resolution from the house.--If the Senate
receives from the House of Representatives a Resolution of
Presidential Certification of Immigration Enforcement, the
following procedures shall apply:
(i) The resolution of the House of Representatives shall
not be referred to a committee and shall be placed on the
Senate calendar, except that it shall not be in order to
consider such resolution on the calendar received by the
House of Representatives until such time as the Committee
reports such resolution or is discharged from further
consideration of a resolution, pursuant to this title.
(ii) With respect to the disposition by the Senate with
respect to such resolution, on any vote on final passage of a
resolution of the Senate with respect to such approval, a
resolution from the House of Representatives with respect to
such measures shall be automatically substituted for the
resolution of the Senate.
(3) Procedures applicable to the house of
representatives.--
(A) Rulemaking authority.--The provisions of this paragraph
are enacted by Congress--
(i) as an exercise of the rulemaking power of the House of
Representatives, and as such they are deemed a part of the
rules of the House of Representatives, but applicable only
with respect to the procedure to be followed in the House of
Representatives in the

[[Page S8432]]

case of Resolutions of Certification Immigration Enforcement,
and such provisions supersede other rules of the House of
Representatives only to the extent that they are inconsistent
with such other rules; and
(ii) with full recognition of the constitutional right of
the House of Representatives to change the rules (so far as
relating to the procedure of the House of Representatives) at
any time, in the same manner, and to the same extent as in
the case of any other rule of the House of Representatives.
(B) Introduction; referral.--Resolutions of certification
shall upon introduction, be immediately referred by the
Speaker of the House of Representatives to the appropriate
committee or committees of the House of Representatives. Any
such resolution received from the Senate shall be held at the
Speaker's table.
(C) Discharge.--Upon the expiration of 60 days of
continuous session after the introduction of the first
resolution of certification with respect to any measure, each
committee to which such resolution was referred shall be
discharged from further consideration of such resolution, and
such resolution shall be referred to the appropriate
calendar, unless such resolution or an identical resolution
was previously reported by each committee to which it was
referred.
(D) Consideration.--It shall be in order for the Speaker to
recognize a Member favoring a resolution to call up a
resolution of certification after it has been on the
appropriate calendar for 5 legislative days. When any such
resolution is called up, the House of Representatives shall
proceed to its immediate consideration and the Speaker shall
recognize the Member calling up such resolution and a Member
opposed to such resolution for 10 hours of debate in the
House of Representatives, to be equally divided and
controlled by such Members. When such time has expired, the
previous question shall be considered as ordered on the
resolution to adoption without intervening motion. No
amendment to any such resolution shall be in order, nor shall
it be in order to move to reconsider the vote by which such
resolution is agreed to or disagreed to.
(E) Receipt of resolution from senate.--If the House of
Representatives receives from the Senate a Resolution of
Certification Immigration Enforcement, the following
procedures shall apply:
(i) Such resolution shall not be referred to a committee.
(ii) With respect to the disposition of the House of
Representatives with respect to such resolution--

(I) the procedure with respect to that or other resolutions
of the House of Representatives shall be the same as if no
resolution from the Senate with respect to such resolution
had been received; but
(II) on any vote on final passage of a resolution of the
House of Representatives with respect to such measures, a
resolution from the Senate with respect to such resolution if
the text is identical shall be automatically substituted for
the resolution of the House of Representatives.

(i) Definitions.--In this section:
(1) Presidential certification of immigration
enforcement.--The term ``Presidential Certification of
Immigration Enforcement'' means the certification required
under this section, which is signed by the President, and
reads as follows:
``Pursuant to the provisions set forth in section 1 of the
Secure Borders, Economic Opportunity and Immigration Reform
Act of 2007 (the `Act'), I do hereby transmit the
Certification of Immigration Enforcement, certify that the
borders of the United States are substantially secure, and
certify that the following provisions of the Act have been
fully satisfied, the measures set forth below are fully
implemented, and the border security measures set forth in
this section are fully operational.''.
(2) Certification.--The term ``certification'' means any of
the certifications required under subsection (a).
(3) Immigration enforcement measure.--The term
``immigration enforcement measure'' means any of the measures
required to be certified pursuant to subsection (a).
(4) Resolution of presidential certification of immigration
enforcement.--The term ``Resolution of Presidential
Certification of Immigration Enforcement'' means a joint
resolution of the Congress, the matter after the resolving
clause of which is as follows:

``That Congress approves the certification of the President
of the United States submitted to Congress on ____ that the
national borders of the United States have been secured and,
in accordance with the provisions of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007.'',
______

SA 1931. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:.

SEC. __. PROHIBITION ON WELFARE BENEFITS FOR ILLEGAL ALIENS.

Notwithstanding section 602(a)(6), in no event shall a Z
nonimmigrant, as that term is defined in subsection (r) of
the first section 601 (contained in title VI relating to
nonimmigrants in the United States previously in unlawful
status), or an alien granted probationary benefits under
subsection (h) of such section 601 be eligible for assistance
under the designated Federal program described in section
402(b)(3)(A) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(3)(A)) before the date that is 5 years after the date
on which the alien's status is adjusted under this section to
that of an alien lawfully admitted for permanent residence.
______

SA 1932. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

On page 268, strike line 6 and all that follows through
page 261, line 13, and insert the following:
``(2) Preemption.--This section preempts any State or local
law that--
``(A) requires the use of the EEVS in a manner that--
``(i) conflicts with any Federal policy, procedure, or
timetable; or
``(ii) imposes a civil or criminal sanction (other than
through licensing or other similar laws) on a person that
employs, or recruits or refers for a fee for employment, any
unauthorized alien; and
``(B) requires, as a condition of conducting, continuing,
or expanding a business, that, to achieve compliance with
subsection (a) or (b), a business entity--
``(i) shall provide, build, fund, or maintain a shelter,
structure, or designated area at or near the place of
business of the entity for use by--
``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seek- ing employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority; or
``(ii) shall carry out any other activity to facilitate the
employment by others of--
``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the prope of the entity
for the purpose of seek- ing employment by the entity; or
``(II) any contractor, customer, or other person over which
the business entity has no authority.''.
______

SA 1933. Mr. BROWNBACK submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In section 601(h), strike paragraphs (1) and (2), and
insert the following:
(1) In general.--An alien who files an application for Z
nonimmigrant status may, upon submission of any evidence
required under subsections (f) and (g) and after the
Secretary has conducted and completed appropriate background
checks, to include name and fingerprint checks, that do not
produce information rendering the applicant ineligible--
(A) be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z nonimmigrant
status; and
(D) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary benefits.--No probationary
benefits shall be issued to an alien until the alien has
passed all appropriate background checks.

______

SA 1934. Mr. REID (for Mr. Kennedy (for himself and Mr. Specter))
proposed an amendment to the bill S. 1639, to provide for comprehensive
immigration reform and for other purposes; as follows:

At the end of the bill, add the following:

TITLE _--NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL
STATUS

Subtitle A--Z Nonimmigrants

SEC. _00. REPEAL OF TITLE VI.

Title VI of this Act is repealed and the amendments made by
title VI of this Act are null and void.

SEC. _01. Z NONIMMIGRANTS.

(a) In General.--Notwithstanding section 244(h) of the
Immigration and Nationality Act (8 U.S.C. 1254a(h)), the
Secretary may permit an alien, or a dependent of such alien,
described in this section, to remain lawfully in the United
States under the conditions set forth in this title.
(b) Establishment of Z Nonimmigrant Category.--Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended by inserting at the end the
following:
``(Z) subject to title __ of the Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007, an alien
who--

[[Page S8433]]

``(i) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 1, 2007, is employed, and seeks to continue
performing labor, services, or education;
``(ii) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 1, 2007, and such alien--

``(I) is the spouse or parent (65 years of age or older) of
an alien described in clause (i); or
``(II) was, within 2 years of the date on which the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007 was introduced in the Senate, the spouse of an alien who
is described in clause (i) or is eligible for such
classification, if--

``(aa) the termination of the relationship with such spouse
was connected to domestic violence; and
``(bb) such spouse has been battered or subjected to
extreme cruelty by such alien; or
``(iii) is under 18 years of age at the time of application
for nonimmigrant status under this subparagraph, is
physically present in the United States, has maintained
continuous physical presence in the United States since
January 1, 2007, and was born to or legally adopted by at
least one parent who is at the time of application described
in clause (i) or (ii).''.
(c) Presence in the United States.--
(1) In general.--The alien shall establish that the alien
was not present in lawful status in the United States on
January 1, 2007, under any classification described in
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) or any other immigration status made
available under a treaty or other multinational agreement
that has been ratified by the Senate.
(2) Continuous presence.--For purposes of this section, an
absence from the United States without authorization for a
continuous period of 90 days, or more than 180 days in the
aggregate, shall constitute a break in continuous physical
presence.
(d) Other Criteria.--
(1) Grounds of ineligibility.--
(A) In general.--An alien is ineligible for Z nonimmigrant
status if the Secretary determines that the alien--
(i) is inadmissible to the United States under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), provided that to be deemed inadmissible, nothing in
this paragraph shall require the Secretary to have commenced
removal proceedings against an alien;
(ii) subject to subparagraph (B), is subject to the
execution of an outstanding administratively final order of
removal, deportation, or exclusion;
(iii) subject to subparagraph (B), is described in or is
subject to section 241(a)(5) of such Act (8 U.S.C.
1231(a)(5));
(iv) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
(v) is an alien--

(I) for whom there are reasonable grounds for believing
that the alien has committed a serious criminal offense (as
described in section 101(h) of such Act (8 U.S.C. 1101(h)))
outside the United States before arriving in the United
States; or
(II) for whom there are reasonable grounds for regarding
the alien as a danger to the security of the United States;

(vi) has been convicted of--

(I) a felony;
(II) an aggravated felony (as defined in section 101(a)(43)
of such Act);
(III) 3 or more misdemeanors under Federal or State law; or
(IV) a serious criminal offense (as described in section
101(h) of such Act);

(vii) has entered or attempted to enter the United States
illegally on or after January 1, 2007; or
(viii) is an applicant for Z-2 nonimmigrant status, or is
under 18 years of age and is an applicant for Z-3
nonimmigrant status, and the principal Z-1 nonimmigrant or Z-
1 nonimmigrant status applicant is ineligible.
(B) Waiver.--The Secretary may, in the Secretary's
discretion, waive ineligibility under clause (ii) or (iii) of
subparagraph (A) if the alien has not been physically removed
from the United States and if the alien demonstrates that the
alien's departure from the United States would result in
extreme hardship to the alien or the alien's spouse, parent,
or child.
(C) Construction.--Nothing in this paragraph shall require
the Secretary to commence removal proceedings against an
alien.
(2) Grounds of inadmissibility.--
(A) In general.--In determining an alien's admissibility
under paragraph (1)(A)(i)--
(i) paragraphs (6)(A)(i) (with respect to an alien present
in the United States without being admitted or paroled before
the date of application, but not with respect to an alien who
has arrived in the United States on or after January 1,
2007), (6)(B), (6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G),
(7), (9)(B), (9)(C)(i)(I), and (10)(B) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall
not apply, but only with respect to conduct occurring or
arising before the date of application;
(ii) the Secretary may not waive--

(I) subparagraph (A), (B), (C), (D)(ii), (E), (F), (G),
(H), or (I) of section 212(a)(2) of such Act (relating to
criminals);
(II) section 212(a)(3) of such Act (relating to security
and related grounds);
(III) with respect to an application for Z nonimmigrant
status, section 212(a)(6)(C)(i) of such Act;
(IV) paragraph (6)(A)(i) of section 212(a) of such Act
(with respect to any entries occurring on or after January 1,
2007);
(V) section 212(a)(9)(C)(i)(II) of such Act; or
(VI) subparagraph (A), (C), or (D) of section 212(a)(10) of
such Act (relating to polygamists, child abductors, and
unlawful voters); and

(iii) the Secretary may, in the Secretary's discretion,
waive the application of any provision of section 212(a) of
such Act not listed in clause (ii) on behalf of an individual
alien for humanitarian purposes, to ensure family unity, or
if such waiver is otherwise in the public interest.
(B) Construction.--Nothing in this paragraph shall be
construed as affecting the authority of the Secretary other
than under this paragraph to waive the provisions of section
212(a) of such Act.
(e) Eligibility Requirements.--To be eligible for Z
nonimmigrant status an alien shall meet the following and any
other applicable requirements set forth in this section:
(1) Eligibility.--The alien does not fall within a class of
aliens ineligible for Z nonimmigrant status listed under
subsection (d)(1).
(2) Admissibility.--The alien is not inadmissible as a
nonimmigrant to the United States under section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182), except as
provided in subsection (d)(2) of this section, regardless of
whether the alien has previously been admitted to the United
States.
(3) Presence.--To be eligible for Z-1 nonimmigrant status,
Z-2 nonimmigrant status, or Z-3 nonimmigrant status, the
alien shall--
(A) have been physically present in the United States
before January 1, 2007, and have maintained continuous
physical presence in the United States since that date;
(B) be physically present in the United States on the date
of application for Z nonimmigrant status; and
(C) be, on January 1, 2007, and on the date of application
for Z nonimmigrant status, not present in lawful status in
the United States under any classification described in
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) or any other immigration status made
available under a treaty or other multinational agreement
that has been ratified by the Senate.
(4) Employment.--An alien seeking Z-1 nonimmigrant status
must be employed in the United States on the date of filing
of the application for Z-1 nonimmigrant status.
(5) Fees and penalties.--
(A) Processing fees.--
(i) In general.--An alien making an initial application for
Z nonimmigrant status shall be required to pay a processing
fee in an amount sufficient to recover the full cost of
adjudicating the application, but not more than $1,500 for a
single Z nonimmigrant.
(ii) Fee for extension application.--An alien applying for
extension of the alien's Z nonimmigrant status shall be
required to pay a processing fee in an amount sufficient to
cover administrative and other expenses associated with
processing the extension application, but not more than
$1,500 for a single Z nonimmigrant.
(B) Penalties.--
(i) In general.--An alien making an initial application for
Z-1 nonimmigrant status shall be required to pay, in addition
to the processing fee in subparagraph (A), a penalty of
$1,000.
(ii) Derivative status.--An alien making an initial
application for Z-1 nonimmigrant status shall be required to
pay a $500 penalty for each alien seeking Z-2 nonimmigrant
status or Z-3 nonimmigrant status derivative to such
applicant for Z-1 nonimmigrant status.
(iii) Change of z nonimmigrant classification.--An alien
who is a Z-2 nonimmigrant or Z-3 nonimmigrant and who has not
previously been a Z-1 nonimmigrant, and who changes status to
that of a Z-1 nonimmigrant, shall in addition to processing
fees be required to pay the initial application penalties
applicable to Z-1 nonimmigrants.
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, an alien
making an initial application for Z-1 nonimmigrant status
shall be required to pay a State impact assistance fee equal
to $500.
(D) Deposit and spending of fees.--The processing fees
under subparagraph (A) shall be deposited and remain
available until expended as provided by subsections (m) and
(n) of section 286 of the Immigration and Nationality Act (8
U.S.C. 1356).
(E) Deposit, allocation, and spending of penalties.--
(i) Deposit of penalties.--The penalty under subparagraph
(B) shall be deposited and remain available as provided by
subsection (w) of such section 286, as added by section 402.
(ii) Deposit of state impact assistance funds.--The funds
under subparagraph (C) shall be deposited and remain
available as provided by subsection (x) of such section 286.
(6) Home application.--
(A) In general.--An alien granted probationary status under
subsection (h) shall not be eligible for Z-1, Z-2, Z-A, or
adult Z-A dependent nonimmigrant status until the alien has
completed the following home application requirements:

[[Page S8434]]

(i) Submission of supplemental certification.--An alien
awarded probationary status who seeks Z-1, Z-2, Z-A, or adult
Z-A dependent nonimmigrant status shall, within 2 years of
being awarded a secure ID card under subsection (j), perfect
the alien's application for such nonimmigrant status at a
United States consular office by submitting a supplemental
certification in person in accordance with the requirements
of this subparagraph.
(ii) Contents of supplemental certification.--An alien in
probationary status who is seeking a Z-1, Z-2, Z-A, or adult
Z-A dependent nonimmigrant status shall certify, in addition
to any other certifications specified by the Secretary, that
the alien has during the period of the alien's probationary
status remained continuously employed in accordance with the
requirements of subsection (m) and has paid all tax
liabilities owed by the alien pursuant to the procedures set
forth in section 602(h). The probationary status of an alien
making a false certification under this subparagraph shall be
terminated pursuant to subsection (o)(1)(G).
(iii) Presentation of secure id card.--The alien shall
present the alien's secure ID card at the time the alien
submits the supplemental certification under clause (i) at
the United States consular office. The alien's secure ID card
shall be marked or embossed with a designation as determined
by the Secretary of State and the Secretary of Homeland
Security to distinguish the card as satisfying all
requirements for Z-1, Z-2, Z-A, or adult Z-A dependent
nonimmigrant status.
(iv) Place of application.--Unless otherwise directed by
the Secretary of State, an alien in probationary status who
is seeking Z-1, Z-2, Z-A, or adult Z-A dependent nonimmigrant
status shall file the supplemental certification described in
clause (ii) at a consular office in the alien's country of
origin. A consular office in a country that is not the
alien's country of origin as a matter of discretion may, or
at the direction of the Secretary of State shall, accept a
supplemental certification from such an alien.
(B) Effect of failure to comply.--The probationary status
of an alien seeking a Z-1, Z-2, Z-A, or adult Z-A dependent
nonimmigrant status who fails to complete the requirements of
this paragraph shall be terminated in accordance with
subsection (o)(1)(G).
(C) Exemption.--Subparagraph (A) shall not apply to an
alien who, on the date on which the alien is granted a secure
ID card under subsection (j), is exempted from the employment
requirements under subsection (m)(1)(B)(iii).
(D) Failure to establish lawful admission to the united
states.--Unless exempted under subparagraph (C), an alien in
probationary status who is seeking Z-1, Z-2, Z-A, or adult Z-
A dependent nonimmigrant status who fails to depart and
reenter the United States in accordance with subparagraph (A)
may not be issued a Z-1, Z-2, Z-A, or adult Z-A dependent
nonimmigrant visa under this section.
(E) Dependents.--An alien in probationary status who is
seeking Z-3 or minor Z-A dependent nonimmigrant status shall
be awarded such status upon satisfaction of the requirements
set forth in subparagraph (A) by the principal Z-1 or Z-A
nonimmigrant. An alien in probationary status who is seeking
Z-3 or minor Z-A dependent nonimmigrant status and whose
principal Z-1 or Z-A nonimmigrant fails to satisfy the
requirements of subparagraph (A) may not be issued a Z-3 or
minor Z-A dependent nonimmigrant visa under this section
unless the principal Z-1 alien is exempted under subparagraph
(C).
(7) Interview.--An applicant for Z nonimmigrant status
shall appear to be interviewed.
(8) Military selective service.--The alien shall establish
that if the alien is within the age period required under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.)
that such alien has registered under that Act.
(f) Application Procedures.--
(1) In general.--The Secretary of Homeland Security shall
prescribe by notice in the Federal Register, in accordance
with the procedures described in section 610, the procedures
for an alien in the United States to apply for Z nonimmigrant
status and the evidence required to demonstrate eligibility
for such status.
(2) Initial receipt of applications.--The Secretary, or
such other entities as are authorized by the Secretary to
accept applications under the procedures established under
this subsection, shall accept applications from aliens for Z
nonimmigrant status for a period of 1 year starting the first
day of the first month beginning not more than 180 days after
the date of the enactment of this Act. If, during the 1-year
initial period for the receipt of applications for Z
nonimmigrant status, the Secretary determines that additional
time is required to register applicants for Z nonimmigrant
status, the Secretary may, in the Secretary's discretion,
extend the period for accepting applications by not more than
1 year.
(3) Biometric data.--Each alien applying for Z nonimmigrant
status shall submit biometric data in accordance with
procedures established by the Secretary.
(4) Home application.--No alien may be awarded Z
nonimmigrant status until the alien has completed the home
application requirements set forth in subsection (e)(6).
(g) Content of Application Filed by Alien.--
(1) Application form.--The Secretary shall create an
application form that an alien shall be required to complete
as a condition of obtaining probationary status.
(2) Application information.--
(A) In general.--The application form shall request such
information as the Secretary deems necessary and appropriate,
including--
(i) information concerning the alien's physical and mental
health;
(ii) complete criminal history, including all arrests and
dispositions;
(iii) gang membership or renunciation of gang affiliation;
(iv) immigration history;
(v) employment history; and
(vi) claims to United States citizenship.
(B) Status.--An alien applying for Z nonimmigrant status
shall be required to specify on the application whether the
alien ultimately seeks to be awarded Z-1, Z-2, or Z-3
nonimmigrant status.
(3) Security and law enforcement background checks.--
(A) Submission of fingerprints.--The Secretary may not
award Z nonimmigrant status unless the alien submits
fingerprints and other biometric data in accordance with
procedures established by the Secretary.
(B) Background checks.--The Secretary shall utilize
fingerprints and other biometric data provided by the alien
to conduct appropriate background checks of such alien to
search for criminal, national security, or other law
enforcement actions that would render the alien ineligible
for classification under this section.
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application for Z
nonimmigrant status, upon submission of any evidence required
under subsections (f) and (g) and after the Secretary has
conducted appropriate background checks, to include name and
fingerprint checks, that have not by the end of the next
business day produced information rendering the applicant
ineligible--
(A) shall be granted probationary status in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may, in the Secretary's discretion, receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z nonimmigrant
status; and
(D) may not be considered an unauthorized alien (as defined
in section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a)) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary status.--No alien may be granted
probationary status until the alien has passed all
appropriate background checks or the end of the next business
day, whichever is sooner.
(3) Construction.--Nothing in this section shall be
construed to limit the Secretary's authority to conduct any
appropriate background and security checks subsequent to
issuance of evidence of probationary benefits under paragraph
(4).
(4) Probationary card.--The Secretary shall provide each
alien described in paragraph (1) with a counterfeit-resistant
document that reflects the benefits and status set forth in
that paragraph. The Secretary may by regulation establish
procedures for the issuance of documentary evidence of
probationary status and, except as provided herein, the
conditions under which such documentary evidence expires,
terminates, or is renewed. All documentary evidence of
probationary benefits shall expire not later than 6 months
after the date on which the Secretary begins to issue secure
ID cards under subsection (j).
(5) Before application period.--If an alien is apprehended
between the date of the enactment of this Act and the date on
which the period for initial registration closes under
subsection (f)(2), and the alien is able to establish prima
facie eligibility for Z nonimmigrant status, the Secretary
shall provide the alien with a reasonable opportunity to file
an application under this section after such regulations are
promulgated.
(6) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, if the
Secretary determines that an alien who is in removal
proceedings is prima facie eligible for Z nonimmigrant
status, then the Secretary shall affirmatively communicate
such determination to the immigration judge. The immigration
judge shall then terminate or administratively close such
proceedings and permit the alien a reasonable opportunity to
apply for such classification.
(i) Adjudication of Application Filed by Alien.--
(1) In general.--The Secretary may approve the issuance of
a secure ID card, as described in subsection (j), to an
applicant for Z nonimmigrant status who satisfies the
requirements of this section.
(2) Evidence of continuous physical presence, employment,
or education.--
(A) Presumptive documents.--A Z nonimmigrant or an
applicant for Z nonimmigrant status may presumptively
establish satisfaction of each required period of presence,
employment, or study by submitting records to the Secretary
that demonstrate such presence, employment, or

[[Page S8435]]

study, and that the Secretary verifies have been maintained
by the Social Security Administration, the Internal Revenue
Service, or any other Federal, State, or local government
agency.
(B) Verification.--Each Federal agency, and each State or
local government agency, as a condition of receipt of any
funds under subsection (x) of section 286 of the Immigration
and Nationality Act, as added by section 402, shall within 90
days of the enactment ensure that procedures are in place
under which such agency shall--
(i) consistent with all otherwise applicable laws,
including laws governing privacy, provide documentation to an
alien upon request to satisfy the documentary requirements of
this paragraph; or
(ii) notwithstanding any other provision of law, including
section 6103 of the Internal Revenue Code of 1986, provide
verification to the Secretary of documentation offered by an
alien as evidence of--

(I) presence or employment required under this section; or
(II) a requirement for any other benefit under the
immigration laws.

(C) Other documents.--A Z nonimmigrant or an applicant for
Z nonimmigrant status who is unable to submit a document
described in subparagraph (A) may establish satisfaction of
each required period of presence, employment, or study by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
including--
(i) bank records;
(ii) business records;
(iii) employer records;
(iv) records of a labor union or day labor center; and
(v) remittance records.
(D) Additional documents.--The Secretary may--
(i) designate additional documents to evidence the required
period of presence, employment, or study; and
(ii) set such terms and conditions on the use of affidavits
as is necessary to verify and confirm the identity of any
affiant or otherwise prevent fraudulent submissions.
(3) Payment of income taxes.--
(A) In general.--Not later than the date on which status is
adjusted under this section, the alien establishes the
payment of any applicable Federal tax liability by
establishing that--
(i) no such tax liability exists;
(ii) all outstanding liabilities have been paid; or
(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.
(B) Applicable federal tax liability.--For purposes of
subparagraph (A), the term ``applicable Federal tax
liability'' means liability for Federal taxes, including
penalties and interest, owed for any year during the period
of employment required by subparagraph (D)(i) for which the
statutory period for assessment of any deficiency for such
taxes has not expired.
(C) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subparagraph.
(D) In general.--The alien may satisfy such requirement by
establishing that--
(i) no such tax liability exists;
(ii) all outstanding liabilities have been met; or
(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service and with the department of revenue of each State to
which taxes are owed.
(4) Burden of proof.--An alien who is applying for a Z
nonimmigrant visa under this section shall prove, by a
preponderance of the evidence, that the alien has satisfied
the requirements of this section.
(5) Denial of application.--
(A) In general.--An alien who fails to satisfy the
eligibility requirements for a Z nonimmigrant visa shall have
the alien's application denied and may not file additional
applications.
(B) Failure to submit information.--An alien who fails to
submit requested initial evidence, including requested
biometric data, and requested additional evidence by the date
required by the Secretary shall, except if the alien
demonstrates to the satisfaction of the Secretary that such
failure was reasonably excusable or was not willful, have the
alien's application considered abandoned. Such application
shall be denied and the alien may not file additional
applications.
(j) Secure ID Card Evidencing Status.--
(1) In general.--Documentary evidence of status shall be
issued to each Z nonimmigrant.
(2) Features of secure id card.--Documentary evidence of Z
nonimmigrant status--
(A) shall be machine-readable, tamper-resistant, and shall
contain a digitized photograph and other biometric
identifiers that may be authenticated;
(B) shall be designed in consultation with U.S. Immigration
and Customs Enforcement's Forensic Document Laboratory;
(C) shall, during the alien's authorized period of
admission under subsection (k), serve as a valid travel and
entry document for the purpose of applying for admission to
the United States where the alien is applying for admission
at a port of entry;
(D) may be accepted during the period of its validity by an
employer as evidence of employment authorization and identity
under section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a), as amended by title III; and
(E) shall be issued to the Z nonimmigrant by the Secretary
promptly after final adjudication of such alien's application
for Z nonimmigrant status, except that an alien may not be
granted permanent Z nonimmigrant status until all appropriate
background checks on the alien are completed to the
satisfaction of the Secretary.
(k) Period of Authorized Admission.--
(1) Initial period.--The initial period of authorized
admission as a Z nonimmigrant shall be 4 years beginning on
the date on which the alien is first issued a secure ID card
under subsection (j).
(2) Extensions.--
(A) In general.--Z nonimmigrants may seek an indefinite
number of 4-year extensions of the initial period of
authorized admission.
(B) Requirements.--In order to be eligible for an extension
of the initial or any subsequent period of authorized
admission under this paragraph, an alien must satisfy the
following requirements:
(i) Eligibility.--The alien must demonstrate continuing
eligibility for Z nonimmigrant status.
(ii) English language and civics.--

(I) Requirement at first renewal.--At or before the time of
application for the first extension of Z nonimmigrant status,
an alien who is 18 years of age or older must demonstrate an
attempt to gain an understanding of the English language and
knowledge of United States civics by taking the
naturalization test described in paragraphs (1) and (2) of
section 312(a) of the Immigration and Nationality Act (8
U.S.C. 1423(a)) by demonstrating enrollment in or placement
on a waiting list for English classes.
(II) Requirement at second renewal.--At or before the time
of application for the second extension of Z nonimmigrant
status, an alien who is 18 years of age or older must pass
the naturalization test described in such paragraphs (1) and
(2) of such section 312(a). The alien may make up to 3
attempts to demonstrate such understanding and knowledge, but
shall satisfy this requirement prior to the expiration of the
second extension of Z nonimmigrant status.
(III) Exception.--The requirements of subclauses (I) and
(II) shall not apply to any person who, on the date of the
filing of the person's application for an extension of Z
nonimmigrant status--

(aa) is unable because of physical or developmental
disability or mental impairment to meet the requirements of
such subclauses;
(bb) is over 50 years of age and has been living in the
United States for periods totaling at least 20 years; or
(cc) is over 55 years of age and has been living in the
United States for periods totaling at least 15 years.
(iii) Employment.--With respect to an extension of Z-1
nonimmigrant status or Z-3 nonimmigrant status, an alien
shall demonstrate satisfaction of the employment or study
requirements provided in subsection (m) during the alien's
most recent period of authorized admission as of the date of
application.
(iv) Fees.--The alien must pay a processing fee in an
amount sufficient to recover the full cost of adjudicating
the application, but not more than $1,500 for a single Z
nonimmigrant.
(C) Security and law enforcement background checks.--An
alien applying for extension of Z nonimmigrant status may be
required to submit to a renewed security and law enforcement
background check that shall be completed to the satisfaction
of the Secretary before such extension may be granted.
(D) Timely filing and maintenance of status.--
(i) In general.--An extension of a period of authorized
admission under this paragraph, or a change of status to
another Z nonimmigrant status under subsection (l), may not
be approved for an applicant who failed to maintain Z
nonimmigrant status or if such status expired or terminated
before the application was filed.
(ii) Exception.--Failure to file before the period of
previously authorized admission expired or terminated may be
excused in the discretion of the Secretary and without
separate application, with any extension granted from the
date the previously authorized admission expired, if it is
demonstrated at the time of filing that--

(I) the delay was due to extraordinary circumstances beyond
the control of the applicant, and the Secretary finds the
delay commensurate with the circumstances; and
(II) the alien has not otherwise violated the alien's Z
nonimmigrant status.

(iii) Exemptions from penalty and employment
requirements.--An alien demonstrating extraordinary
circumstances under clause (ii), including the spouse of a Z-
1 nonimmigrant who has been battered or has been the subject
of extreme cruelty perpetrated by the Z-1 nonimmigrant, and
who is changing to Z-1 nonimmigrant status, may be exempted
by the Secretary, in the Secretary's discretion, from the
requirements under subsection (m) for a period of up to 180
days; and
(E) Bars to extension.--Except as provided in subparagraph
(D), a Z nonimmigrant

[[Page S8436]]

shall not be eligible to extend such nonimmigrant status if--
(i) the alien has violated any term or condition of the
alien's Z nonimmigrant status, including failing to comply
with the change of address reporting requirements under
section 265 of the Immigration and Nationality Act (8 U.S.C.
1305);
(ii) the period of authorized admission of the Z
nonimmigrant has been terminated for any reason; or
(iii) with respect to a Z-2 nonimmigrant or a Z-3
nonimmigrant, the principal alien's Z-1 nonimmigrant status
has been terminated.
(l) Change of Status.--
(1) Change from z nonimmigrant status.--
(A) In general.--A Z nonimmigrant may not change status
under section 248 of the Immigration and Nationality Act (8
U.S.C. 1258) to another nonimmigrant status, except another Z
nonimmigrant status or status under subparagraph (U) of
section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
(B) Change from z-a status.--A Z-A nonimmigrant may change
status to Z nonimmigrant status at the time of renewal
referenced in section 214A(j)(1)(C) of the Immigration and
Nationality Act, as added by section 631.
(C) Limit on changes.--A Z nonimmigrant may not change
status more than one time per 365-day period. The Secretary
may, in the Secretary's discretion, waive the application of
this subparagraph to an alien if it is established to the
satisfaction of the Secretary that application of this
subparagraph would result in extreme hardship to the alien.
(2) No change to z nonimmigrant status.--A nonimmigrant
under the immigration laws may not change status under
section 248 of the Immigration and Nationality Act (8 U.S.C.
1258) to Z nonimmigrant status.
(m) Employment.--
(1) Z-1 and z-3 nonimmigrants.--
(A) In general.--Z-1 nonimmigrants and Z-3 nonimmigrants
shall be authorized to work in the United States.
(B) Continuous employment requirement.--All requirements
that an alien be employed or seeking employment for purposes
of this title shall not apply to an alien who is under 16
years or over 65 years of age. A Z-1 nonimmigrant or Z-3
nonimmigrant between 16 and 65 years of age, or an alien in
probationary status between 16 and 65 years of age who is
seeking to become a Z-1 or Z-3 nonimmigrant, shall remain
continuously employed full time in the United States as a
condition of such nonimmigrant status, except if--
(i) the alien is pursuing a full course of study at an
established college, university, seminary, conservatory,
trade school, academic high school, elementary school, or
other academic institution or language training program;
(ii) the alien is employed while also engaged in study at
an established college, university, seminary, conservatory,
academic high school, elementary school, or other academic
institution or language training program;
(iii) the alien cannot demonstrate employment because of a
physical or mental disability (as defined under section 3(2)
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)) or as a result of pregnancy if such condition is
evidenced by the submission of documentation prescribed by
the Secretary; or
(iv) the alien's ability to work has been temporarily
interrupted by an event that the Secretary has determined to
be a force majeure interruption.
(2) Z-2 nonimmigrants.--Z-2 nonimmigrants shall be
authorized to work in the United States.
(3) Portability.--Nothing in this subsection shall be
construed to limit the ability of a Z nonimmigrant to change
employers during the alien's period of authorized admission.
(n) Travel Outside the United States.--
(1) In general.--An alien who has been issued a secure ID
card under subsection (j) and who is in probationary status
or is a Z nonimmigrant--
(A) may travel outside of the United States; and
(B) may be readmitted (if otherwise admissible) without
having to obtain a visa if--
(i) the alien's most recent period of authorized admission
has not expired;
(ii) the alien is the bearer of valid documentary evidence
of Z nonimmigrant status that satisfies the conditions set
out in subsection (j); and
(iii) the alien is not subject to the bars on extension
described in subsection (k)(2)(E).
(2) Admissibility.--On seeking readmission to the United
States after travel outside the United States an alien
granted Z nonimmigrant status shall establish that such alien
is not inadmissible, except as provided by subsection (d)(2).
(3) Effect on period of authorized admission.--Time spent
outside the United States under paragraph (1) shall not
extend the most recent period of authorized admission in the
United States under subsection (k).
(o) Termination of Benefits.--
(1) In general.--Any benefit provided to a Z nonimmigrant
or an applicant for Z nonimmigrant status under this section
shall terminate if--
(A) the Secretary determines that the alien is ineligible
for such classification and all review procedures under
section 603 of this Act have been exhausted or waived by the
alien;
(B)(i) the alien is found removable from the United States
under section 237 of the Immigration and Nationality Act (8
U.S.C. 1227);
(ii) the alien becomes inadmissible under section 212 of
such Act (8 U.S.C. 1227) (except as provided in subsection
(d)(2)); or
(iii) the alien becomes ineligible under subsection (d)(1);
(C) the alien has used documentation issued under this
section for unlawful or fraudulent purposes;
(D) in the case of the spouse or child of an alien applying
for a Z nonimmigrant visa, in probationary status, or
classified as a Z nonimmigrant under this section, the
benefits for the principal alien are terminated;
(E) with respect to a Z-1 nonimmigrant or Z-3 nonimmigrant,
the employment or study requirements under subsection (m)
have been violated;
(F) with respect to an alien in probationary status, the
alien's application for Z nonimmigrant status is denied; or
(G) with respect to an alien awarded probationary status
who seeks to become a Z nonimmigrant or a Z-A nonimmigrant,
the alien fails to complete the home application requirement
set forth in subsection (e)(6) within 2 years of receiving a
secure ID card.
(2) Denial of immigrant visa or adjustment application.--
Any application for an immigrant visa or adjustment of status
to lawful permanent resident status made under this section
by an alien whose Z nonimmigrant status is terminated under
paragraph (1) shall be denied.
(3) Departure from the united states.--Any alien whose
period of authorized admission or probationary benefits is
terminated under paragraph (1), as well as the alien's Z-2
nonimmigrant or Z-3 nonimmigrant dependents, shall depart the
United States immediately.
(4) Invalidation of documentation.--Any documentation that
is issued by the Secretary of Homeland Security under
subsection (j) or pursuant to subsection (h)(4) to any alien,
whose period of authorized admission terminates under
paragraph (1), shall automatically be rendered invalid for
any purpose except departure.
(p) Revocation.--If, at any time after an alien has
obtained status under this section, but not yet adjusted such
status to that of an alien lawfully admitted for permanent
residence under section 602, the Secretary of Homeland
Security may, for good and sufficient cause, if it appears
that the alien was not in fact eligible for status under this
section, revoke the alien's status following appropriate
notice to the alien.
(q) Dissemination of Information on Z Program.--During the
2-year period immediately after the issuance of regulations
implementing this title, the Secretary, in cooperation with
entities approved by the Secretary, shall broadly disseminate
information respecting Z nonimmigrant classification under
this section and the requirements to be satisfied to obtain
such classification. The Secretary shall disseminate
information to employers and labor unions to advise them of
the rights and protections available to them and to workers
who file applications under this section. Such information
shall be broadly disseminated, in no fewer than the top 5
principal languages, as determined by the Secretary in the
Secretary's discretion, spoken by aliens who would qualify
for classification under this section, including to
television, radio, and print media to which such aliens would
have access.
(r) Definitions.--In this title:
(1) Z nonimmigrant.--The term ``Z nonimmigrant'' means an
alien admitted to the United States under subparagraph (Z) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), as added by subsection (b). The term
does not include aliens granted probationary benefits under
subsection (h) or whose applications for nonimmigrant status
under such subparagraph (Z) have not yet been adjudicated.
(2) Z-1 nonimmigrant.--The term ``Z-1 nonimmigrant'' means
an alien admitted to the United States under clause (i) of
section 101(a)(15)(Z) of the Immigration and Nationality Act,
as added by subsection (b).
(3) Z-A nonimmigrant.--The term ``Z-A nonimmigrant'' means
an alien admitted to the United States under subparagraph (Z-
A) of section 101(a)(15) of the Immigration and Nationality
Act, as added by section 631.
(4) Z-2 nonimmigrant.--The term ``Z-2 nonimmigrant'' means
an alien admitted to the United States under clause (ii) of
section 101(a)(15)(Z) of the Immigration and Nationality Act,
as added by subsection (b).
(5) Z-3 nonimmigrant.--The term ``Z-3 nonimmigrant'' means
an alien admitted to the United States under clause (iii) of
section 101(a)(15)(Z) of the Immigration and Nationality Act,
as added by subsection (b).

SEC. _02. EARNED ADJUSTMENT FOR Z STATUS ALIENS.

(a) Z-1 Nonimmigrants.--
(1) Prohibition on immigrant visa.--A Z-1 nonimmigrant may
not be issued an immigrant visa pursuant to sections 221 and
222 of the Immigration and Nationality Act (8 U.S.C. 1201 and
1202).
(2) Adjustment.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), the status of any Z-1 nonimmigrant may be adjusted by
the Secretary to that of an alien lawfully admitted for
permanent residence.
(3) Requirements.--A Z-1 nonimmigrant may adjust status to
that of an alien lawfully admitted for permanent residence
upon

[[Page S8437]]

satisfying, in addition to all other requirements imposed by
law, including the merit requirements set forth in section
203(b)(1)(A) of the Immigration and Nationality Act, as
amended by section 502, the following requirements:
(A) Status.--The alien must be in valid Z-1 nonimmigrant
status.
(B) Approved petition.--The alien must be the beneficiary
of an approved petition under section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) or have an approved
petition that was filed pursuant to the evaluation system
under section 203(b)(1)(A) of such Act, as amended by section
502.
(C) Admissibility.--The alien must not be inadmissible
under section 212(a) of such Act, except for those grounds
previously waived under subsection (d)(2) of section 601.
(D) Fees and penalties.--In addition to the fees payable to
the Secretary of Homeland Security and the Secretary of State
in connection with the filing of an immigrant petition and
application for adjustment of status, a Z-1 nonimmigrant who
is the head of household shall pay a $4,000 penalty at the
time of submission of any immigrant petition on the alien's
behalf, regardless of whether the alien submits such petition
on the alien's own behalf or the alien is the beneficiary of
an immigrant petition filed by another party.
(b) Z-2 and Z-3 Nonimmigrants.--
(1) Restriction on visa issuance or adjustment.--An
application for an immigrant visa or for adjustment of status
to that of an alien lawfully admitted for permanent residence
of a Z-2 nonimmigrant or a Z-3 nonimmigrant who is under 18
years of age may not be approved before the adjustment of
status of the alien's principal Z-1 nonimmigrant.
(2) Adjustment of status.--
(A) Adjustment.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), the status of any Z-2 nonimmigrant or Z-3 nonimmigrant
may be adjusted by the Secretary of Homeland Security to that
of an alien lawfully admitted for permanent residence.
(B) Requirements.--A Z-2 nonimmigrant or Z-3 nonimmigrant
may adjust status to that of an alien lawfully admitted for
permanent residence upon satisfying, in addition to all other
requirements imposed by law, the following requirements:
(i) Status.--The alien must be in valid Z-2 nonimmigrant or
Z-3 nonimmigrant status.
(ii) Approved petition.--The alien must be the beneficiary
of an approved petition under section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) or have an approved
petition that was filed pursuant to the merit-based
evaluation system under section 203(b)(1)(A) of such Act, as
amended by section 502.
(iii) Admissibility.--The alien must not be inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)), except for those grounds previously
waived under subsection (d)(2) of section 601.
(iv) Fees.--The alien must pay the fees payable to the
Secretary of Homeland Security and the Secretary of State in
connection with the filing of an immigrant petition and
application for an immigrant visa.
(c) Maintenance of Waivers of Inadmissibility.--The grounds
of inadmissibility not applicable under subsection (d)(2) of
section 601 shall also be considered inapplicable for
purposes of admission as an immigrant or adjustment pursuant
to this section.
(d) Application of Other Law.--In processing applications
under this section on behalf of aliens who have been battered
or subjected to extreme cruelty, the Secretary of Homeland
Security shall apply--
(1) the provisions under section 204(a)(1)(J) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J)); and
(2) the protections, prohibitions, and penalties under
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367).
(e) Back of the Line.--An alien may not adjust status to
that of a lawful permanent resident under this section until
30 days after an immigrant visa becomes available for
approved petitions filed under sections 201, 202, and 203 of
the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153) that were filed before May 1, 2005.
(f) Ineligibility for Public Benefits.--For purposes of
section 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an
alien whose status has been adjusted under this section shall
not be eligible for any Federal means-tested public benefit
unless the alien meets the alien eligibility criteria for
such benefit under title IV of such Act (8 U.S.C. 1601 et
seq.).
(g) Medical Examination.--An applicant for earned
adjustment shall undergo an appropriate medical examination
(including a determination of immunization status) that
conforms to generally accepted professional standards of
medical practice.
(h) Payment of Income Taxes.--
(1) In general.--Not later than the date on which status is
adjusted under this section, the applicant shall satisfy any
applicable Federal tax liability accrued during the period of
Z nonimmigrant status by establishing that--
(A) no such tax liability exists;
(B) all outstanding liabilities have been paid; or
(C) the applicant has entered into, and is in compliance
with, an agreement for payment of all outstanding liabilities
with the Internal Revenue Service.
(2) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to--
(A) the applicant, upon request, to establish the payment
of all taxes required under this subsection; or
(B) the Secretary, upon request, regarding the payment of
Federal taxes by an alien applying for a benefit under this
section.
(i) Deposit of Fees.--Fees collected under this paragraph
shall be deposited into the Immigration Examination Fee
Account and shall remain available as provided under
subsections (m) and (n) of section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356).
(j) Deposit of Penalties.--Penalties collected under this
paragraph shall be deposited into the Temporary Worker
Program Account and shall remain available as provided under
subsection (w) of section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356), as added by section 402.

SEC. _03. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND
JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR
LEGAL STATUS.

(a) Administrative Review for Aliens Who Have Applied for
Status Under This Title.--
(1) Exclusive review.--Administrative review of a
determination respecting nonimmigrant status under this title
shall be conducted solely in accordance with this subsection.
(2) Administrative appellate review.--Except as provided in
subsection (b)(2), an alien whose status under this title has
been denied, terminated, or revoked may file not more than
one appeal of the denial, termination, or rescission with the
Secretary not later than 30 calendar days after the date of
the decision or mailing thereof, whichever occurs later in
time. The Secretary shall establish an appellate authority to
provide for a single level of administrative appellate review
of a denial, termination, or rescission of status under this
Act.
(3) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the
application and upon such additional newly discovered or
previously unavailable evidence as the administrative
appellate review authority may decide to consider at the time
of the determination.
(4) Limitation on motions to reopen and reconsider.--During
the administrative appellate review process the alien may
file not more than one motion to reopen or to reconsider. The
Secretary's decision whether to consider any such motion is
committed to the Secretary's discretion.
(b) Removal of Aliens Who Have Been Denied Status Under
This Title.--
(1) Self-initiated removal.--Any alien who receives a
denial under subsection (a) may request, not later than 30
calendar days after the date of the denial or the mailing
thereof, whichever occurs later in time, that the Secretary
place the alien in removal proceedings. The Secretary shall
place the alien in removal proceedings to which the alien
would otherwise be subject, unless the alien is subject to an
administratively final order of removal, provided that no
court shall have jurisdiction to review the timing of the
Secretary's initiation of such proceedings. If the alien is
subject to an administratively final order of removal, the
alien may seek review of the denial under this section
pursuant to subsection (h) of section 242 of the Immigration
and Nationality Act (8 U.S.C. 1252), as added by subsection
(c), as though the order of removal had been entered on the
date of the denial, provided that the court shall not review
the order of removal except as otherwise provided by law.
(2) Aliens who are determined to be ineligible due to
criminal convictions.--
(A) Aggravated felons.--Notwithstanding any other provision
of this Act, an alien whose application for status under this
title has been denied or whose status has been terminated or
revoked by the Secretary under subclause (II) of subsection
601(d)(1)(A)(vi) because the alien has been convicted of an
aggravated felony (as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))) may
be placed forthwith in proceedings pursuant to section 238(b)
of such Act (8 U.S.C. 1228(b)).
(B) Other criminals.--Notwithstanding any other provision
of this Act, any other alien whose application for status
under this title has been denied or whose status has been
terminated or revoked by the Secretary under subclause (I),
(III), or (IV) of section 601(d)(1)(A)(vi) may be placed
immediately in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
(C) Final denial, termination, or rescission.--The
Secretary's denial, termination, or rescission of the status
of any alien described in subparagraph (A) or (B) shall be
final for purposes of subsection (h)(3)(C) of section 242 of
the Immigration and Nationality Act, as added by subsection
(c), and shall represent the exhaustion of all review
procedures for purposes of subsection (h) or (o) of section
601, notwithstanding subsection (a)(2) of this section.
(3) Limitation on motions to reopen and reconsider.--During
the removal process under this subsection the alien may file
not more than 1 motion to reopen or to reconsider. The
Secretary's or Attorney General's

[[Page S8438]]

decision whether to consider any such motion is committed to
the discretion of the Secretary or the Attorney General, as
appropriate.
(c) Judicial Review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following new subsection:
``(h) Judicial Review of Eligibility Determinations
Relating to Status Under the Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007.--
``(1) Exclusive review.--Notwithstanding any other
provision of law, including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, and except as provided
in this subsection, no court shall have jurisdiction to
review a determination respecting an application for status
under title __ of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, including, without
limitation, a denial, termination, or rescission of such
status.
``(2) No review for late filings.--An alien may not file an
application for status under title __ of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007
beyond the period for receipt of such applications
established by section _01(f) of that Act. The denial of any
application filed beyond the expiration of the period
established by that subsection shall not be subject to
judicial review or remedy.
``(3) Review of a denial, termination, or rescission of
status.--A denial, termination, or rescission of status under
section _01 of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007 may be reviewed only in
conjunction with the judicial review of an order of removal
under this section, provided that--
``(A) the venue provision set forth in subsection (b)(2)
shall govern;
``(B) the deadline for filing the petition for review in
subsection (b)(1) shall control;
``(C) the alien has exhausted all administrative remedies
available to the alien as of right, including the timely
filing of an administrative appeal pursuant to section _03(a)
of the Secure Borders, Economic Opportunity and Immigration
Reform Act of 2007;
``(D) the court shall decide a challenge to the denial of
status only on the administrative record on which the
Secretary's denial, termination, or rescission was based;
``(E) notwithstanding any other provision of law, including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court reviewing a denial, termination, or
rescission of status under title __ of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007 may
review any discretionary decision or action of the Secretary
regarding any application for or termination or rescission of
such status; and
``(F) an alien may file not more than 1 motion to reopen or
to reconsider in proceedings brought under this section.
``(4) Standard for judicial review.--Judicial review of the
Secretary of Homeland Security's denial, termination, or
rescission of status under title __ of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007
relating to any alien shall be based solely upon the
administrative record before the Secretary when the Secretary
enters a final denial, termination, or rescission. The
administrative findings of fact are conclusive unless any
reasonable adjudicator would be compelled to conclude to the
contrary. The legal determinations are conclusive unless
manifestly contrary to law.
``(5) Challenges on validity of the system.--
``(A) In general.--Any claim that title __ of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, or any regulation, written policy, or written directive
issued or unwritten policy or practice initiated by or under
the authority of the Secretary of Homeland Security to
implement such title, violates the Constitution of the United
States or is otherwise in violation of law, is available
exclusively in an action instituted in the United States
District Court for the District of Columbia in accordance
with the procedures prescribed in this paragraph. Nothing in
this subparagraph shall preclude an applicant for status
under such title from asserting that an action taken or
decision made by the Secretary with respect to the
applicant's status under such title was contrary to law in a
proceeding under section _03 of the Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007 and subsection
(b)(2) of this section.
``(B) Deadlines for bringing actions.--Any action
instituted under this paragraph--
``(i) shall, if it asserts a claim that title __ of the
Secure Borders, Economic Opportunity and Immigration Reform
Act of 2007 or any regulation, written policy, or written
directive issued by or under the authority of the Secretary
to implement such title violates the Constitution or is
otherwise unlawful, be filed not later than 1 year after the
date of the publication or promulgation of the challenged
regulation, policy, or directive or, in cases challenging the
validity of such Act, not later than 1 year after the date of
the enactment of such Act; and
``(ii) shall, if it asserts a claim that an unwritten
policy or practice initiated by or under the authority of the
Secretary violates the Constitution or is otherwise unlawful,
be filed not later than 1 year after the plaintiff knew or
reasonably should have known of the unwritten policy or
practice.
``(C) Class actions.--Any claim described in subparagraph
(A) that is brought as a class action shall be brought in
conformity with the Class Action Fairness Act of 2005 (Public
Law 109-2; 119 Stat. 4), the amendments made by that Act, and
the Federal Rules of Civil Procedure.
``(D) Preclusive effect.--The final disposition of any
claim brought under subparagraph (A) shall be preclusive of
any such claim asserted in a subsequent proceeding under this
subsection or under section _03 of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007.
``(E) Exhaustion and stay of proceedings.--No claim brought
under this paragraph shall require the plaintiff to exhaust
administrative remedies under section _03 of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, but nothing shall prevent the court from staying
proceedings under this paragraph to permit the Secretary to
evaluate an allegation of an unwritten policy or practice or
to take corrective action. In issuing such a stay, the court
shall take into account any harm the stay may cause to the
claimant. The court shall have no authority to stay
proceedings initiated under any other section of this Act.''.

SEC. _04. MANDATORY DISCLOSURE OF INFORMATION.

(a) In General.--Except as otherwise provided in this
section, no Federal agency or bureau, or any officer or
employee of such agency or bureau, may--
(1) use the information furnished by the applicant pursuant
to an application filed under section _01 and _02, for any
purpose, other than to make a determination on the
application;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers, employees
or contractors of such agency, bureau, or approved entity, as
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed.
(b) Required Disclosures.--The Secretary of Homeland
Security and the Secretary of State shall provide the
information furnished pursuant to an application filed under
section 601 and 602, and any other information derived from
such furnished information, to--
(1) a law enforcement entity, intelligence agency, national
security agency, component of the Department of Homeland
Security, court, or grand jury in connection with a criminal
investigation or prosecution or a national security
investigation or prosecution, in each instance about an
individual suspect or group of suspects, when such
information is requested by such entity;
(2) a law enforcement entity, intelligence agency, national
security agency, or component of the Department of Homeland
Security in connection with a duly authorized investigation
of a civil violation, in each instance about an individual
suspect or group of suspects, when such information is
requested by such entity; or
(3) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(c) Inapplicability After Denial.--The limitations under
subsection (a)--
(1) shall apply only until an application filed under
section _01 and _02 is denied and all opportunities for
administrative appeal of the denial have been exhausted; and
(2) shall not apply to the use of the information furnished
pursuant to such application in any removal proceeding or
other criminal or civil case or action relating to an alien
whose application has been granted that is based upon any
violation of law committed or discovered after such grant.
(d) Criminal Convictions.--Notwithstanding any other
provision of this section, information concerning whether the
applicant has at any time been convicted of a crime may be
used or released for immigration enforcement and law
enforcement purposes.
(e) Auditing and Evaluation of Information.--The Secretary
may audit and evaluate information furnished as part of any
application filed under sections _01 and _02, any application
to extend such status under section _01(k), or any
application to adjust status to that of an alien lawfully
admitted for permanent residence under section _02, for
purposes of identifying fraud or fraud schemes, and may use
any evidence detected by means of audits and evaluations for
purposes of investigating, prosecuting or referring for
prosecution, denying, or terminating immigration benefits.
(f) Use of Information in Petitions and Applications
Subsequent to Adjustment of Status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section _02,
then at any time thereafter the Secretary may use the
information furnished by the alien in the application for
adjustment of status or in the applications for status
pursuant to sections _01 or _02 to make a determination on
any petition or application.
(g) Criminal Penalty.--Any person who knowingly uses,
publishes, or permits information to be examined in violation
of this section shall be fined not more than $10,000.

[[Page S8439]]

(h) Construction.--Nothing in this section shall be
construed to limit the use, or release, for immigration
enforcement purposes of information contained in files or
records of the Secretary or Attorney General pertaining to an
applications filed under sections _01 or _02, other than
information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(i) References.--References in this section to section _01
or _02 are references to sections _01 and _02 of this Act and
the amendments made by those sections.

SEC. _05. EMPLOYER PROTECTIONS.

(a) In General.--Copies of employment records or other
evidence of employment provided by an alien or by an alien's
employer in support of an alien's application for Z
nonimmigrant status shall not be used in a prosecution or
investigation (civil or criminal) of that employer under
section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a), as amended by title __, or under the tax laws of the
United States for the prior unlawful employment of that
alien, regardless of the adjudication of such application or
reconsideration by the Secretary of such alien's prima facie
eligibility determination.
(b) Applicability of Other Law.--Nothing in this section
may be used to shield an employer from liability under
section 274B of the Immigration and Nationality Act (8 U.S.C.
1324b) or any other labor or employment law.

SEC. _06. ENUMERATION OF SOCIAL SECURITY NUMBER.

The Secretary of Homeland Security, in coordination with
the Commissioner of Social Security, shall implement a system
to allow for the prompt enumeration of a social security
account number after the Secretary has granted an alien Z
nonimmigrant status or any probationary benefits based upon
application for such status.

SEC. _07. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS
PRIOR TO ENUMERATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by striking subsection (c) and
inserting the following:
``(c)(1) Except as provided in paragraph (2), for purposes
of subsections (a) and (b), no quarter of coverage shall be
credited for any calendar year beginning on or after January
1, 2004, with respect to an individual who is not a natural-
born United States citizen, unless the Commissioner of Social
Security determines, on the basis of information provided to
the Commissioner in accordance with an agreement entered into
under subsection (d) or otherwise, that the individual was
authorized to be employed in the United States during such
quarter.
``(2) Paragraph (1) shall not apply to an individual who
was assigned a social security account number prior to
January 1, 2004.
``(d) Not later than 180 days after the date of the
enactment of this subsection, the Secretary of Homeland
Security shall enter into an agreement with the Commissioner
of Social Security to provide such information as the
Commissioner determines necessary to carry out the limitation
on crediting quarters of coverage under subsection (c).''.
(b) Benefit Computation.--Section 215(e) of the Social
Security Act (42 U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual, there shall not be counted any wages or self-
employment income for any year for which no quarter of
coverage may be credited to such individual as a result of
the application of section 214(c).''.
(c) Effective Date.--The amendments made by this section
shall apply to benefit applications filed on or after the
date that is 180 days after the date of the enactment of this
Act based on the wages or self-employment income of an
individual with respect to whom a primary insurance amount
has not been determined under title II of the Social Security
Act (42 U.S.C. 401 et seq.) before such date.

SEC. _08. PAYMENT OF PENALTIES AND USE OF PENALTIES
COLLECTED.

(a) Procedures.--The Secretary shall by regulation
establish procedures allowing for the payment of 80 percent
of the penalties described in section _01(e)(5)(B) and
section _02(a)(3)(D) through an installment payment plan.
(b) Use.--Any penalties received under this title with
respect to an application for Z-1 nonimmigrant status shall
be used in the following order of priority:
(1) Such penalties shall be credited as offsetting
collections to appropriations provided pursuant to section
_11 for the fiscal year in which this Act is enacted and the
subsequent fiscal year.
(2) Such penalties shall be deposited and remain available
as otherwise provided under this title.

SEC. _09. LIMITATIONS ON ELIGIBILITY.

(a) In General.--An alien is not ineligible for any
immigration benefit under any provision of this title, or any
amendment made by this title, solely on the basis that the
alien violated section 1543, 1544, or 1546 of title 18,
United States Code, or any amendments made by this Act,
during the period beginning on the date of the enactment of
this Act and ending on the date on which the alien applies
for any benefits under this title, except with respect to any
forgery, fraud, or misrepresentation on the application for Z
nonimmigrant status filed by the alien.
(b) Prosecution.--An alien who commits a violation of
section 1543, 1544, or 1546 of title 18, United States Code,
or any amendments made by this Act, during the period
beginning on the date of the enactment of this Act and ending
on the date on which the alien applies for eligibility for an
immigration benefit described in subsection (a) may be
prosecuted for the violation if the alien's application for
such benefit is denied.

SEC. _10. RULEMAKING.

(a) Interim Final Rule.--The Secretary shall issue an
interim final rule within 6 months of the date of the
enactment of this subtitle to implement this title and the
amendments made by this title. The interim final rule shall
become effective immediately upon publication in the Federal
Register. The interim final rule shall sunset 2 years after
issuance unless the Secretary issues a final rule within 2
years of the issuance of the interim final rule.
(b) Exemption.--The exemption provided under this section
shall sunset not later than 2 years after the date of the
enactment of this subtitle, provided that, such sunset shall
not be construed to impose any requirements on, or affect the
validity of, any rule issued or other action taken by the
Secretary under such exemptions.

SEC. _11. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as may be
necessary to carry out this title and the amendments made by
this title.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress
that funds authorized to be appropriated under subsection (a)
should be directly appropriated so as to facilitate the
orderly and timely commencement of the processing of
applications filed under sections _01 and _02.

Subtitle B--Dream Act

SEC. _20. SHORT TITLE.

This subtitle may be cited as the ``Development, Relief,
and Education for Alien Minors Act of 2007'' or the ``DREAM
Act of 2007''.

SEC. _21. DEFINITIONS.

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

SEC. _22. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS
WHO ENTERED THE UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this subtitle, the
Secretary of Homeland Security may beginning on the date that
is 3 years after the date of the enactment of this Act adjust
to the status of an alien lawfully admitted for permanent
residence an alien who is determined to be eligible for or
has been granted probationary or Z nonimmigrant status if the
alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period since January 1, 2007, is
under 30 years of age on the date of the enactment of this
Act, and had not yet reached the age of 16 years at the time
of initial entry;
(B) the alien has earned a high school diploma or obtained
a general education development certificate in the United
States;
(C) subject to paragraph (2), the alien has not abandoned
the alien's residence in the United States;
(D) the alien has--
(i) acquired a degree from an institution of higher
education in the United States or has completed at least 2
years, in good standing, in a program for a bachelor's degree
or higher degree in the United States; or
(ii) served in the uniformed services for at least 2 years
and, if discharged, has received an honorable discharge;
(E) the alien has provided a list of all of the secondary
educational institutions that the alien attended in the
United States; and
(F) the alien is in compliance with the eligibility and
admissibility criteria set forth in section 601(d).
(2) Abandonment.--The Secretary shall presume that the
alien has abandoned such residence if the alien is absent
from the United States for more than 365 days, in the
aggregate, during the period of conditional residence, unless
the alien demonstrates that alien has not abandoned the
alien's residence. An alien who is absent from the United
States due to active service in the uniformed services has
not abandoned the alien's residence in the United States
during the period of such service.
(b) Treatment of Period for Purposes of Naturalization.--
Solely for purposes of title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.), an alien who has

[[Page S8440]]

been granted probationary or Z nonimmigrant status and has
satisfied the requirements of paragraphs (A) through (F) of
subsection (a)(1) shall beginning on the date that is 8 years
after the date of the enactment of this Act be considered to
have satisfied the requirements of section 316(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1427(a)(1)).
(c) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for adjustment of
status.
(d) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
publish proposed regulations implementing this section. Such
regulations shall be effective immediately on an interim
basis, but are subject to change and revision after public
notice and opportunity for a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary shall publish final
regulations implementing this section.

SEC. _23. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

Regulations promulgated under this subtitle shall provide
that no additional fee will be charged to an applicant for a
Z nonimmigrant visa for applying for benefits under this
subtitle.

SEC. _24. HIGHER EDUCATION ASSISTANCE.

(a) Inapplicability of Other Laws.--Section 505 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1623) shall have no force or effect with
respect to an alien who has been granted probationary or Z
nonimmigrant status.
(b) Assistance.--Notwithstanding any provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with
respect to assistance provided under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who
adjusts status to that of a lawful permanent resident under
this title, or who is a probationary Z or Z nonimmigrant
under this title and who meets the eligibility criteria set
forth in subparagraphs (A), (B), and (F) of section
622(a)(1), shall be eligible for the following assistance
under such title IV:
(1) Student loans under parts B, D, and E of such title IV,
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV, subject to the requirements of such part.
(3) Services under such title IV, subject to the
requirements for such services.

SEC. _25. DELAY OF FINES AND FEES.

(a) In General.--Payment of the penalties and fees
specified in section _01(e)(5) shall not be required with
respect to an alien who meets the eligibility criteria set
forth in subparagraphs (A), (B), and (F) of section _22(a)(1)
until the date that is 6 years and 6 months after the date of
the enactment of this Act or the alien reaches the age of 24,
whichever is later. If the alien makes all of the
demonstrations specified in section _22(a)(1) by such date,
the penalties shall be waived. If the alien fails to make the
demonstrations specified in section _22(a)(1) by such date,
the alien's Z nonimmigrant status will be terminated unless
the alien pays the penalties and fees specified in section
_01(e)(5) consistent with the procedures set forth in section
_08 within 90 days.
(b) Refunds.--With respect to an alien who meets the
eligibility criteria set forth in subparagraphs (A) and (F)
of section _22(a)(1), but not the eligibility criteria in
section _22(a)(1)(B), the individual who pays the penalties
specified in section _01(e)(5) shall be entitled to a refund
when the alien makes all the demonstrations specified in
section _22(a)(1).

SEC. _26. GAO REPORT.

Not later than 7 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, which sets forth--
(1) the number of aliens who were eligible for adjustment
of status under section _22;
(2) the number of aliens who applied for adjustment of
status under section _22; and
(3) the number of aliens who were granted adjustment of
status under section _22.

SEC. _27. REGULATIONS; EFFECTIVE DATE; AUTHORIZATION OF
APPROPRIATIONS.

(a) Regulations.--The Secretary of Homeland Security shall
issue regulations to carry out the amendments made by this
subtitle not later than the first day of the seventh month
that begins after the date of the enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the
date that regulations required by subsection (a) are issued,
regardless of whether such regulations are issued on an
interim basis or on any other basis.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to implement this subtitle,
including any sums needed for costs associated with the
initiation of such implementation.

Subtitle C--Agricultural Workers

SEC. _30. SHORT TITLE.

This subtitle may be cited as the ``Agricultural Job
Opportunities, Benefits, and Security Act of 2007'' or the
``AgJOBS Act of 2007''.

PART I--ADMISSION

SEC. _31. ADMISSION OF AGRICULTURAL WORKERS.

(a) Z-A Nonimmigrant Visa Category.--
(1) Establishment.--Paragraph (15) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), as
amended by section _01(b), is further amended by adding at
the end the following new subparagraph:
``(Z-A)(i) an alien who is coming to the United States to
perform any service or activity that is considered to be
agricultural under section 3(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(f)), agricultural labor under
section 3121(g) of the Internal Revenue Code of 1986, or the
performance of agricultural labor or services described in
subparagraph (H)(ii)(a), who meets the requirements of
section 214A; or
``(ii) the spouse or minor child of an alien described in
clause (i) who is residing in the United States.''.
(b) Requirements for Issuance of Nonimmigrant Visa.--
Chapter 2 of title II of the Immigration and Nationality Act
(8 U.S.C. 1181 et seq.) is amended by inserting after section
214 the following:

``SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.

``(a) Definitions.--In this section:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 or the performance of agricultural labor or services
described in section 101(a)(15)(H)(ii)(a).
``(2) Department.--The term `Department' means the
Department of Homeland Security.
``(3) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(4) Qualified designated entity.--The term `qualified
designated entity' means--
``(A) a qualified farm labor organization or an association
of employers designated by the Secretary; or
``(B) any such other person designated by the Secretary if
the Secretary determines such person is qualified and has
substantial experience, demonstrated competence, and a
history of long-term involvement in the preparation and
submission of applications for adjustment of status under
section 209, 210, or 245, the Act entitled `An Act to adjust
the status of Cuban refugees to that of lawful permanent
residents of the United States, and for other purposes',
approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255
note), Public Law 95-145 (8 U.S.C. 1255 note), or the
Immigration Reform and Control Act of 1986 (Public Law 99-
603; 100 Stat. 3359) or any amendment made by such Act.
``(5) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(6) Temporary.--A worker is employed on a `temporary'
basis when the employment is intended not to exceed 10
months.
``(7) Work day.--The term `work day' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
``(8) Z-A dependent visa.--The term `Z-A dependent visa'
means a nonimmigrant visa issued pursuant to section
101(a)(15)(Z-A)(ii).
``(9) Z-A visa.--The term `Z-A visa' means a nonimmigrant
visa issued pursuant to section 101(a)(15)(Z-A)(i).
``(b) Authorization for Presence, Employment, and Travel in
the United States.--
``(1) In general.--An alien issued a Z-A visa or a Z-A
dependent visa may remain in, and be employed in, the United
States during the period such visa is valid.
``(2) Authorized employment.--The Secretary shall provide
an alien who is issued a Z-A visa or a Z-A dependent visa an
employment authorized endorsement or other appropriate work
permit, in the same manner as an alien lawfully admitted for
permanent residence.
``(3) Authorized travel.--An alien who is issued a Z-A visa
or a Z-A dependent visa is authorized to travel outside the
United States (including commuting to the United States from
a residence in a foreign country) in the same manner as an
alien lawfully admitted for permanent residence.
``(c) Qualifications.--
``(1) Z-A visa.--Notwithstanding any other provision of
law, the Secretary shall, pursuant to the requirements of
this section, issued a Z-A visa to an alien if the Secretary
determines that the alien--
``(A) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2006;
``(B) applied for such status during the 18-month
application period beginning on the first day of the seventh
month that begins after the date of the enactment of this
Act;
``(C) is admissible to the United States under section 212,
except as otherwise provided in paragraph (4);
``(D) has not been convicted of any felony or a
misdemeanor, an element of which involves bodily injury,
threat of serious bodily injury, or harm to property in
excess of $500; and
``(E) meets the requirements of paragraph (3).

[[Page S8441]]

``(2) Z-A dependent visa.--Notwithstanding any other
provision of law, the Secretary shall issue a Z-A dependent
visa to an alien who is--
``(A) described in section 101(a)(15)(Z-A)(ii);
``(B) meets the requirements of paragraph (3); and
``(C) is admissible to the United States under section 212,
except as otherwise provided in paragraph (4).
``(3) Security and law enforcement background checks.--
``(A) Fingerprints.--An alien seeking a Z-A visa or a Z-A
dependent visa shall submit fingerprints to the Secretary at
such time and in manner as the Secretary may require.
``(B) Background checks.--The Secretary shall utilize
fingerprints provided under subparagraph (A) and other
biometric data provided by an alien to conduct a background
check of the alien, including searching the alien's criminal
history and any law enforcement actions taken with respect to
the alien and ensuring that the alien is not a risk to
national security.
``(4) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for a Z-A visa or a
Z-A dependent visa the following shall apply:
``(A) Grounds of exclusion not applicable.--The provisions
of paragraphs (5), (6)(A), (7), and (9) of section 212(a)
shall not apply.
``(B) Waiver of other grounds.--
``(i) In general.--Except as provided in clause (ii), the
Secretary may waive any provision of section 212(a), other
than the paragraphs described in subparagraph (A), in the
case of individual aliens for humanitarian purposes, to
ensure family unity, or if such waiver is otherwise in the
public interest.
``(ii) Grounds that may not be waived.--Except as provided
in subparagraph (C), subparagraphs (A), (B), and (C) of
paragraph (2), and paragraphs (3) and (4) of section 212(a)
may not be waived by the Secretary under clause (i).
``(iii) Construction.--Nothing in this subparagraph shall
be construed as affecting the authority of the Secretary
other than under this subparagraph to waive provisions of
such section 212(a).
``(C) Special rule for determination of public charge.--An
alien is not ineligible for a Z-A visa or a Z-A dependent
visa by reason of a ground of inadmissibility under section
212(a)(4) if the alien demonstrates a history of employment
in the United States evidencing self-support without reliance
on public cash assistance.
``(d) Application.--
``(1) In general.--An alien seeking a Z-A visa shall submit
an application to the Secretary for such a visa, including
information regarding any Z-A dependent visa for the spouse
of child of the alien.
``(2) Submission.--Applications for a Z-A visa under
paragraph (1) may be submitted--
``(A) to the Secretary if the applicant is represented by
an attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the Board of
Immigration Appeals under section 292.2 of title 8, Code of
Federal Regulations (or similar successor regulations); or
``(B) to a qualified designated entity if the applicant
consents to the forwarding of the application to the
Secretary.
``(3) Proof of eligibility.--
``(A) In general.--An alien may establish that the alien
meets the requirement for a Z-A visa through government
employment records or records supplied by employers or
collective bargaining organizations, and other reliable
documentation as the alien may provide. The Secretary shall
establish special procedures to properly credit work in cases
in which an alien was employed under an assumed name.
``(B) Documentation of work history.--
``(i) Burden of proof.--An alien applying for a Z-A visa or
applying for adjustment of status described in subsection (j)
has the burden of proving by a preponderance of the evidence
that the alien has performed the requisite number of hours or
days of agricultural employment required for such application
or adjustment of status, as applicable.
``(ii) Timely production of records.--If an employer or
farm labor contractor employing such an alien has kept proper
and adequate records respecting such employment, the alien's
burden of proof under clause (i) may be met by securing
timely production of such records under regulations to be
promulgated by the Secretary.
``(iii) Sufficient evidence.--An alien may meet the burden
of proof under clause (i) to establish that the alien has
performed the requisite number of hours or days of
agricultural employment by producing sufficient evidence to
show the extent of that employment as a matter of just and
reasonable inference.
``(4) Applications submitted to qualified designated
entities.--
``(A) Requirements.--Each qualified designated entity shall
agree--
``(i) to forward to the Secretary an application submitted
to that entity pursuant to paragraph (2)(B) if the alien for
whom the application is being submitted has consented to such
forwarding;
``(ii) not to forward to the Secretary any such application
if such an alien has not consented to such forwarding; and
``(iii) to assist an alien in obtaining documentation of
the alien's work history, if the alien requests such
assistance.
``(B) No authority to make determinations.--No qualified
designated entity may make a determination required by this
section to be made by the Secretary.
``(5) Application fees.----
``(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
``(i) shall be charged for applying for a Z-A visa under
this section or for an adjustment of status described in
subsection (j); and
``(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such aliens
making such an application.
``(B) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under subparagraph (A)(ii) for services provided to
applicants.
``(6) Limitation on access to information.--Files and
records collected or compiled by a qualified designated
entity for the purposes of this section are confidential and
the Secretary shall not have access to such a file or record
relating to an alien without the consent of the alien, except
as allowed by a court order.
``(7) Treatment of applicants.--
``(A) In general.--An alien who files an application under
this section to receive a Z-A visa and any spouse or child of
the alien seeking a Z-A dependant visa, on the date described
in subparagraph (B)--
``(i) shall be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
``(ii) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
``(iii) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z-A visa; and
``(iv) may not be considered an unauthorized alien (as
defined in section 274A) until the date on which the alien's
application for a Z-A visa is denied.
``(B) Timing of probationary benefits.--
``(i) In general.--Subject to clause (ii), an alien who
submits an application for a Z-A visa under this subsection,
including any evidence required under this subsection, and
any spouse or child of the alien seeking a Z-A dependent visa
shall receive the probationary benefits described in clauses
(i) through (iv) of subparagraph (A) at the earlier of--

``(I) the date and time that the alien has passed all
appropriate background checks, including name and fingerprint
checks; or
``(II) the end of the next business day after the date that
the Secretary receives the alien's application for a Z-A
visa.

``(ii) Exception.--If the Secretary determines that the
alien fails the background checks referred to in clause
(i)(I), the alien may not be granted probationary benefits
described in clauses (i) through (iv) of subparagraph (A).
``(C) Probationary authorization document.--The Secretary
shall provide each alien granted probationary benefits
described in clauses (i) through (iv) of subparagraph (A)
with a counterfeit-resistant document that reflects the
benefits and status set forth in subparagraph (A). The
Secretary may, by regulation, establish procedures for the
issuance of documentary evidence of probationary benefits
and, except as provided herein, the conditions under which
such documentary evidence expires, terminates, or is renewed.
``(D) Construction.--Nothing in this section may be
construed to limit the Secretary's authority to conduct any
appropriate background and security checks subsequent to
issuance of evidence of probationary benefits under this
paragraph.
``(8) Temporary stay of removal and work authorization for
certain applicants.--
``(A) Before application period.--Beginning on the date of
the enactment of the AgJOBS Act of 2007, the Secretary shall
provide that, in the case of an alien who is apprehended
prior to the first date of the application period described
in subsection (c)(1)(B) and who can establish a nonfrivolous
case of eligibility for a Z-A visa (but for the fact that the
alien may not apply for such status until the beginning of
such period), the alien--
``(i) may not be removed; and
``(ii) shall be granted authorization to engage in
employment in the United States and be provided an employment
authorized endorsement or other appropriate work permit for
such purpose.
``(B) During application period.--The Secretary shall
provide that, in the case of an alien who presents a
nonfrivolous application for Z-A visa during the application
period described in subsection (c)(1)(B), including an alien
who files such an application within 30 days of the alien's
apprehension, and until a final determination on the
application has been made in accordance with this section,
the alien--
``(i) may not be removed; and
``(ii) shall be granted authorization to engage in
employment in the United States and be provided an employment
authorized endorsement or other appropriate work permit for
such purpose.
``(e) Numerical Limitations.--
``(1) Z-A visa.--The Secretary may not issue more than
1,500,000 Z-A visas.
``(2) Z-A dependent visa.--The Secretary may not count any
Z-A dependent visa

[[Page S8442]]

issued against the numerical limitation described in
paragraph (1).
``(f) Evidence of Nonimmigrant Status.--
``(1) In general.--Documentary evidence of nonimmigrant
status shall be issued to each alien granted a Z-A visa or a
Z-A dependent visa.
``(2) Features of documentation.--Documentary evidence of a
Z-A visa or a Z-A dependent visa--
``(A) shall be machine-readable, tamper-resistant, and
shall contain a digitized photograph and other biometric
identifiers that can be authenticated;
``(B) shall be designed in consultation with U.S.
Immigration and Customs Enforcement's Forensic Document
Laboratory;
``(C) shall serve as a valid travel and entry document for
an alien granted a Z-A visa or a Z-A dependent visa for the
purpose of applying for admission to the United States where
the alien is applying for admission at a port of entry;
``(D) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A; and
``(E) shall be issued to the alien granted the visa by the
Secretary promptly after final adjudication of such alien's
application for the visa, except that an alien may not be
granted a Z-A visa or a Z-A dependent visa until all
appropriate background checks on each alien are completed to
the satisfaction of the Secretary.
``(g) Fine.--An alien granted a Z-A visa shall pay a fine
of $100 to the Secretary.
``(h) Treatment of Aliens Granted a Z-A Visa.--
``(1) In general.--Except as otherwise provided under this
subsection, an alien issued a Z-A visa or a Z-A dependent
visa shall be considered to be an alien lawfully admitted for
permanent residence for purposes of any law other than any
provision of this Act.
``(2) Delayed eligibility for certain federal public
benefits.--An alien issued a Z-A visa shall not be eligible,
by reason of such status, for any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613(a)) until 5 years after the date on which
the alien is granted an adjustment of status under subsection
(d).
``(3) Terms of employment.--
``(A) Prohibition.--No alien issued a Z-A visa may be
terminated from employment by any employer during the period
of a Z-A visa except for just cause.
``(B) Treatment of complaints.--
``(i) Establishment of process.--The Secretary shall
establish a process for the receipt, initial review, and
disposition of complaints by aliens issued a Z-A visa who
allege that they have been terminated without just cause. No
proceeding shall be conducted under this subparagraph with
respect to a termination unless the Secretary determines that
the complaint was filed not later than 6 months after the
date of the termination.
``(ii) Initiation of arbitration.--If the Secretary finds
that an alien has filed a complaint in accordance with clause
(i) and there is reasonable cause to believe that the alien
was terminated from employment without just cause, the
Secretary shall initiate binding arbitration proceedings by
requesting the Federal Mediation and Conciliation Service to
appoint a mutually agreeable arbitrator from the roster of
arbitrators maintained by such Service for the geographical
area in which the employer is located. The procedures and
rules of such Service shall be applicable to the selection of
such arbitrator and to such arbitration proceedings. The
Secretary shall pay the fee and expenses of the arbitrator,
subject to the availability of appropriations for such
purpose.
``(iii) Arbitration proceedings.--The arbitrator shall
conduct the proceeding under this subparagraph in accordance
with the policies and procedures promulgated by the American
Arbitration Association applicable to private arbitration of
employment disputes. The arbitrator shall make findings
respecting whether the termination was for just cause. The
arbitrator may not find that the termination was for just
cause unless the employer so demonstrates by a preponderance
of the evidence. If the arbitrator finds that the termination
was not for just cause, the arbitrator shall make a specific
finding of the number of days or hours of work lost by the
employee as a result of the termination. The arbitrator shall
have no authority to order any other remedy, including
reinstatement, back pay, or front pay to the affected
employee. Not later than 30 days after the date of the
conclusion of the arbitration proceeding, the arbitrator
shall transmit the findings in the form of a written opinion
to the parties to the arbitration and the Secretary. Such
findings shall be final and conclusive, and no official or
court of the United States shall have the power or
jurisdiction to review any such findings.
``(iv) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated the employment of an alien who is issued a Z-A
visa without just cause, the Secretary shall credit the alien
for the number of days of work not performed during such
period of termination for the purpose of determining if the
alien meets the qualifying employment requirement of
subsection (f)(2).
``(v) Treatment of attorney's fees.--Each party to an
arbitration under this subparagraph shall bear the cost of
their own attorney's fees for the arbitration.
``(vi) Nonexclusive remedy.--The complaint process provided
for in this subparagraph is in addition to any other rights
an employee may have in accordance with applicable law.
``(vii) Effect on other actions or proceedings.--Any
finding of fact or law, judgment, conclusion, or final order
made by an arbitrator in the proceeding before the Secretary
shall not be conclusive or binding in any separate or
subsequent action or proceeding between the employee and the
employee's current or prior employer brought before an
arbitrator, administrative agency, court, or judge of any
State or the United States, regardless of whether the prior
action was between the same or related parties or involved
the same facts, except that the arbitrator's specific finding
of the number of days or hours of work lost by the employee
as a result of the employment termination may be referred to
the Secretary pursuant to clause (iv).
``(4) Record of employment.--
``(A) In general.--Each employer of an alien who is issued
a Z-A visa shall annually--
``(i) provide a written record of employment to the alien;
and
``(ii) provide a copy of such record to the Secretary.
``(B) Civil penalties.--
``(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
issued a Z-A visa has failed to provide the record of
employment required under subparagraph (A) or has provided a
false statement of material fact in such a record, the
employer shall be subject to a civil money penalty in an
amount not to exceed $1,000 per violation.
``(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this subsection.
``(i) Termination of a Grant of Z-A Visa.--
``(1) In general.--The Secretary may terminate a Z-A visa
or a Z-A dependent visa issued to an alien only if the
Secretary determines that the alien is deportable.
``(2) Grounds for termination.--Prior to the date that an
alien granted a Z-A visa or a Z-A dependent visa becomes
eligible for adjustment of status described in subsection
(j), the Secretary may deny adjustment to permanent resident
status and provide for termination of the alien's Z-A visa or
Z-A dependent visa if--
``(A) the Secretary finds, by a preponderance of the
evidence, that the issuance of a Z-A visa was the result of
fraud or willful misrepresentation (as described in section
212(a)(6)(C)(i)); or
``(B) the alien--
``(i) commits an act that makes the alien inadmissible to
the United States as an immigrant, except as provided under
subsection (c)(4);
``(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States;
``(iii) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500; or
``(iv) in the case of an alien issued a Z-A visa, fails to
perform the agricultural employment described in subsection
(j)(1)(A) unless the alien was unable to work in agricultural
employment due to the extraordinary circumstances described
in subsection (j)(1)(A)(iii).
``(3) Reporting requirement.--The Secretary shall
promulgate regulations to ensure that the alien issued a Z-A
visa complies with the qualifying agricultural employment
described in subsection (j)(1)(A) at the end of the 5-year
work period, which may include submission of an application
pursuant to this subsection.
``(j) Adjustment to Permanent Residence.--
``(1) Z-A visa.--Except as provided in this subsection, the
Secretary shall award the maximum number of points available
pursuant to section 203(b)(1) and adjust the status of an
alien issued a Z-A visa to that of an alien lawfully admitted
for permanent residence under this Act, if the Secretary
determines that the following requirements are satisfied:
``(A) Qualifying employment.--
``(i) In general.--Subject to clauses (ii) and (iii), the
alien has performed at least--

``(I) 5 years of agricultural employment in the United
States for at least 100 work days per year, during the 5-year
period beginning on the date of the enactment of the AgJOBS
Act of 2007; or
``(II) 3 years of agricultural employment in the United
States for at least 150 work days per year, during the 3-year
period beginning on such date of enactment.

``(ii) Four-year period of employment.--An alien shall be
considered to meet the requirements of clause (i) if the
alien has performed 4 years of agricultural employment in the
United States for at least 150 workdays during 3 years of
those 4 years and at least 100 workdays during the remaining
year, during the 4-year period beginning on such date of
enactment.
``(iii) Extraordinary circumstances.--In determining
whether an alien has met the requirement of clause (i), the
Secretary may credit the alien with not more than 12
additional months to meet the requirement of that clause if
the alien was unable to work in agricultural employment due
to--

[[Page S8443]]

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

``(B) Proof.--An alien may demonstrate compliance with the
requirements of subparagraph (A) by submitting--
``(i) the record of employment described in subsection
(h)(4); or
``(ii) such documentation as may be submitted under
subsection (d)(3).
``(C) Application period.--Not later than 8 years after the
date of the enactment of the AgJOBS Act of 2007, the alien
must--
``(i) apply for adjustment of status; or
``(ii) renew the alien's Z visa status as described in
section 601(k)(2).
``(D) Fine.--The alien pays to the Secretary a fine of
$400.
``(2) Spouses and minor children.--Notwithstanding any
other provision of law, the Secretary shall confer the status
of lawful permanent resident on the spouse and minor child of
an alien granted any adjustment of status under paragraph
(1), including any individual who was a minor child on the
date such alien was granted a Z-A visa, if the spouse or
minor child applies for such status, or if the principal
alien includes the spouse or minor child in an application
for adjustment of status to that of a lawful permanent
resident.
``(3) Grounds for denial of adjustment of status.--The
Secretary may deny an alien granted a Z-A visa or a Z-A
dependent visa an adjustment of status under this Act and
provide for termination of such visa if--
``(A) the Secretary finds by a preponderance of the
evidence that grant of the Z-A visa was the result of fraud
or willful misrepresentation (as described in section
212(a)(6)(C)(i)); or
``(B) the alien--
``(i) commits an act that makes the alien inadmissible to
the United States under section 212, except as provided under
subsection (c)(4);
``(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
``(iii) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500.
``(4) Grounds for removal.--Any alien granted Z-A visa
status who does not apply for adjustment of status or renewal
of Z status under section _01(k)(2) of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007 prior
to the expiration of the application period described in
subsection (c)(1)(B) or who fails to meet the other
requirements of paragraph (1) by the end of the application
period, is deportable and may be removed under section 240.
``(5) Payment of taxes.--
``(A) In general.--Not later than the date on which an
alien's status is adjusted as described in this subsection,
the alien shall establish that the alien does not owe any
applicable Federal tax liability by establishing that--
``(i) no such tax liability exists;
``(ii) all such outstanding tax liabilities have been paid;
or
``(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.
``(B) Applicable federal tax liability.--In this paragraph,
the term `applicable Federal tax liability' means liability
for Federal taxes, including penalties and interest, owed for
any year during the period of employment required under
paragraph (1)(A) for which the statutory period for
assessment of any deficiency for such taxes has not expired.
``(C) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subsection.
``(6) English language.--
``(A) In general.--Not later than the date on which a Z-A
nonimmigrant's status is adjusted or renewed under section
_01(k)(2) of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, a Z-A nonimmigrant who is 18
years of age or older shall pass the naturalization test
described in paragraph (1) and (2) of section 312(a).
``(B) Exception.--The requirement of subparagraph (A) shall
not apply to any person who, on the date of the filing of the
person's application for an extension of Z-A nonimmigrant
status--
``(i) is unable because of physical or developmental
disability or mental impairment to comply therewith;
``(ii) is over 50 years of age and has been living in the
United States for periods totaling at least 20 years; or
``(iii) is over 55 years of age and has been living in the
United States for periods totaling at least 15 years.
``(7) Priority of applications.--
``(A) Back of line.--An alien may not adjust status to that
of a lawful permanent resident under this subsection until 30
days after the date on which an immigrant visa becomes
available for approved petitions filed under sections 201,
202, and 203 that were filed before May 1, 2005 (referred to
in this paragraph as the `processing date').
``(B) Other applicants.--The processing of applications for
an adjustment of status under this subsection shall be
processed not later than 1 year after the processing date.
``(C) Consular application.--
``(i) In general.--A Z-A nonimmigrant's application for
adjustment of status to that of an alien lawfully admitted
for permanent residence shall be filed in person with a
United States consulate abroad.
``(ii) Place of application.--Unless otherwise directed by
the Secretary of State, a Z-A nonimmigrant applying for
adjustment of status under this paragraph shall make an
application at a consular office in the alien's country of
origin. The Secretary of State shall direct a consular office
in a country that is not a Z-A nonimmigrant's country of
origin to accept an application for adjustment of status from
such an alien, where the Z-A nonimmigrant's country of origin
is not contiguous to the United States, and as consular
resources make possible.
``(k) Confidentiality of Information.--Applicants for Z-A
nonimmigrant status under this section shall be afforded
confidentiality as provided under section _04 of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007.
``(l) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--Any person who--
``(A) applies for a Z-A visa or a Z-A dependent visa under
this section or an adjustment of status described in
subsection (j) and knowingly and willfully falsifies,
conceals, or covers up a material fact or makes any false,
fictitious, or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same
to contain any false, fictitious, or fraudulent statement or
entry; or
``(B) creates or supplies a false writing or document for
use in making such an application,

shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States on the ground described in
section 212(a)(6)(C)(i).
``(m) Eligibility for Legal Services.--Section 504(a)(11)
of Public Law 104-134 (110 Stat. 1321-54) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for a Z-A visa under subsection (b) or an adjustment of
status under subsection (j).
``(n) Administrative and Judicial Review.--Administrative
or judicial review of a determination on an application for a
Z-A visa shall be such as is provided under section _03 of
the Secure Borders, Economic Opportunity and Immigration
Reform Act of 2007.
``(o) Public Outreach.--Beginning not later than the first
day of the application period described in subsection
(c)(1)(B), the Secretary shall cooperate with qualified
designated entities to broadly disseminate information
regarding the availability of Z-A visas, the benefits of such
visas, and the requirements to apply for and be granted such
a visa.''.
(c) Numerical Limitations.--
(1) Worldwide level of immigration.--Section 201(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as
amended by this Act, is further amended--
(A) in subparagraph (A), by striking ``subparagraph (A) or
(B)'' and inserting ``subparagraph (A), (B), or (N)''; and
(B) by adding at the end the following:
``(N) Aliens issued a Z-A visa or a Z-A dependent visa (as
those terms are defined in section 214A) who receive an
adjustment of status to that of an alien lawfully admitted
for permanent residence.''.
(2) Numerical limitations on individual foreign states.--
Section 202(a) of such Act (8 U.S.C. 1152) is amended by
adding at the end the following:
``(6) Special rule for z-a nonimmigrants.--An immigrant
visa may be made available to an alien issued a Z-A visa or a
Z-A dependent visa (as those terms are defined in section
214A) without regard to the numerical limitations of this
section.''.
(d) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 214
the following:

``Sec. 214A. Admission of agricultural workers.''.

SEC. _32. AGRICULTURAL WORKER IMMIGRATION STATUS ADJUSTMENT
ACCOUNT.

Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) is amended by adding at the end the following:
``(y) Agricultural Worker Immigration Status Adjustment
Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account, which shall be known
as the `Agricultural Worker Immigration Status Adjustment
Account'. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under section 214A.
``(2) Use of fees.--The fees deposited into the
Agricultural Worker Immigration Status Adjustment Account
shall be used by the Secretary of Homeland Security for
processing applications made by aliens seeking

[[Page S8444]]

nonimmigrant status under section 101(a)(15)(Z-A) or for
processing applications made by such an alien who is seeking
an adjustment of status.
``(3) Availability of funds.--All amounts deposited in the
Agricultural Worker Immigration Status Adjustment Account
under this subsection shall remain available until
expended.''.

SEC. _33. REGULATIONS; EFFECTIVE DATE; AUTHORIZATION OF
APPROPRIATIONS.

(a) Regulations.--The Secretary shall issue regulations to
carry out the amendments made by this subtitle not later than
the first day of the seventh month that begins after the date
of the enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the
date that regulations required by subsection (a) are issued,
regardless of whether such regulations are issued on an
interim basis or on any other basis.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this subtitle and the amendments made
by this subtitle, including any sums needed for costs
associated with the initiation of such implementation.

SEC. _34. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted nonimmigrant status pursuant to
section 101(a)(15)(Z-A) of the Immigration and Nationality
Act,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted such nonimmigrant status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

SEC. __. ESTABLISHMENT OF Z NONIMMIGRANT CATEGORY.

(a) In General.--Section 101(a)(15)(Z) of the Immigration
and Nationality Act, as added by section 601(b), is amended
to read as follows:
``(Z) subject to title VI of the Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007, an alien
who--
``(i)(I) has maintained a continuous physical presence in
the United States since the date that is 4 years before the
date of the enactment of the Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007;
``(II) is employed, and seeks to continue performing labor,
services, or education; and
``(III) the Secretary of Homeland Security determines has
sufficient ties to a community in the United States, based
on--

``(aa) whether the applicant has immediate relatives (as
defined in section 201(b)(2)(A)) residing in the United
States;
``(bb) the amount of cumulative time the applicant has
lived in the United States;
``(cc) whether the applicant owns property in the United
States;
``(dd) whether the applicant owns a business in the United
States;
``(ee) the extent to which the applicant knows the English
language;
``(ff) the applicant's work history in the United States;
``(gg) whether the applicant attended school (either
primary, secondary, college, post-graduate) in the United
States;
``(hh) the extent to which the applicant has a history of
paying Federal and State income taxes;
``(ii) whether the applicant has been convicted of criminal
activity in the United States; and
``(jj) whether the applicant has certifies his or her
intention to ultimately become a United States citizen;

``(ii)(I) is the spouse or parent (65 years of age or
older) of an alien described in clause (i);
``(II) was, during the 2-year period ending on the date on
which the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007 was introduced in the Senate,
the spouse of an alien who was subsequently classified as a Z
nonimmigrant under this section, or is eligible for such
classification, if--

``(aa) the termination of the relationship with such spouse
was connected to domestic violence; and
``(bb) the spouse has been battered or subjected to extreme
cruelty by the spouse or parent who is a Z nonimmigrant; or

``(III) is under 18 years of age at the time of application
for nonimmigrant status under this subparagraph and was born
to, or legally adopted by, a parent described in clause
(i).''.
(b) Rulemaking.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations, in accordance with the procedures set forth in
sections 555, 556, and 557 of title 5, United States Code,
which establish the precise system that the Secretary shall
use to make a determination under section 101(a)(15)(Z)(ii)
of the Immigration and Nationality Act, as added by
subsection (a).
(c) Additional Z Nonimmigrant Eligibility Requirements.--
(1) In general.--Notwithstanding any provision of section
601(e), an alien is not eligible for Z-1 or Z-2 nonimmigrant
status, or for nonimmigrant status under section
101(a)(15)(Z)(iii)(I) of the Immigration and Nationality Act
unless--
(A) the alien was physically present in the United States
on the date that is 4 years before the date of the enactment
of this Act and has maintained physical presence in the
United States since that date; and
(B) the alien was, on the date that is 4 years before the
date of the enactment of this Act, not present in lawful
status in the United States under any classification
described in section 101(a)(15) of the Immigration and
Nationality Act or any other immigration status made
available under a treaty or other multinational agreement
that has been ratified by the Senate.
(2) Treatment of applicants.--Notwithstanding any provision
of section 601(h), an alien who files an application for Z
nonimmigrant status shall submit sufficient evidence that the
alien resided in the United States for not less than 4 years
before the date of the enactment of this Act before receiving
any benefit under section 601(h).
(3) Application.--Notwithstanding any provision of section
602(a)(1), a Z-1 nonimmigrant's application for adjustment of
status to that of an alien lawfully admitted for permanent
residence may be filed in person with a United States
consulate outside the United States or with United States
Citizenship and Immigration Services at any location in the
United States designated by the Secretary.

SEC. __. PROHIBITION ON ADJUSTMENT OF STATUS FOR Z
NONIMMIGRANTS.

Notwithstanding any provision of section 602--
(1) a Z nonimmigrant may not be issued an immigrant visa
pursuant to section 221 or 222 of the Immigration and
Nationality Act (8 U.S.C. 1201 and 1202); and
(2) the status of a Z nonimmigrant may not be adjusted to
that of an alien lawfully admitted for permanent residence.

SEC. __. FAMILY-SPONSORED IMMIGRANTS.

(a) Preference Categories.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)), as
amended by section 503(c) of this Act, is further amended to
read as follows:
``(a) Preference Allocation for Family-Sponsored
Immigrants.--Aliens subject to the worldwide level specified
in section 201(c) for family-sponsored immigrants shall be
allotted immigrant visas as follows:
``(1) Parents of a citizen of the united states if the
citizen is at least 21 years of age.--Qualified immigrants
who are the parents of a citizen of the United States if the
citizen at least 21 years of age shall be allocated immigrant
visas in a number not to exceed the sum of--
``(A) 90,000; and
``(B) the number of visas not required for the classes
specified in paragraph (3).
``(2) Spouses or children of an alien lawfully admitted for
permanent residence or a national.--Qualified immigrants who
are the spouses or children of an alien lawfully admitted for
permanent residence or a noncitizen national of the United
States (as defined in section 101(a)(22)(B)) who is resident
in the United States shall be allocated immigrant visas in a
number not to exceed the sum of--
``(A) 87,000; and
``(B) the number of visas not required for the class
specified in paragraph (1).
``(3) Family-sponsored immigrants who are beneficiaries of
family-based visa petitions filed before may 1, 2005.--
Immigrant visas totaling 440,000 shall be allotted as
follows:
``(A) Qualified immigrants who are the unmarried sons or
daughters of citizens of the United States shall be allocated
visas in a number not to exceed the sum of--
``(i) 70,400; and
``(ii) the number of visas not required for the class
specified in subparagraph (D).
``(B) Qualified immigrants who are the unmarried sons or
unmarried daughters of an alien lawfully admitted for
permanent residence, shall be allocated visas in a number not
to exceed the sum of--
``(i) 110,000; and
``(ii) the number of visas not required for the class
specified in subparagraph (A).
``(C) Qualified immigrants who are the married sons or
married daughters of citizens of the United States shall be
allocated visas in a number not to exceed the sum of--
``(i) 70,400; and
``(ii) the number of visas not required for the classes
specified in subparagraphs (A) and (B).
``(D) Qualified immigrants who are the brothers or sisters
of citizens of the United States, if such citizens are at
least 21 years of age, shall be allocated visas in a number
not to exceed the sum of--
``(i) 189,200; and
``(ii) the number of visas not required for the classes
specified in subparagraphs (A), (B), and (C).''.
(b) Parent Visitor Visas.--Section 214(s) of the
Immigration and Nationality Act, as added by section 506(b)
of this Act, is amended to read as follows:
``(s) Parent Visitor Visas.--
``(1) In general.--The parent of a United States citizen at
least 21 years of age, or the spouse or child of an alien in
nonimmigrant status under 101(a)(15)(Y)(i), demonstrating

[[Page S8445]]

satisfaction of the requirements of this subsection may be
granted a renewable nonimmigrant visa valid for 3 years for a
visit or visits for an aggregate period not in excess of 180
days in any one year period under section 101(a)(15)(B) as a
temporary visitor for pleasure.
``(2) Requirements.--An alien seeking a nonimmigrant visa
under this subsection must demonstrate through presentation
of such documentation as the Secretary may by regulations
prescribe, that--
``(A) the alien's United States citizen son or daughter who
is at least 21 years of age or the alien's spouse or parent
in nonimmigrant status under 101(a)(15)(Y)(i), is sponsoring
the alien's visit to the United States;
``(B) the sponsoring United States citizen, or spouse or
parent in nonimmigrant status under 101(a)(15)(Y)(i), has,
according to such procedures as the Secretary may by
regulations prescribe, posted on behalf of the alien a bond
in the amount of $1,000, which shall be forfeited if the
alien overstays the authorized period of admission (except as
provided in subparagraph (5)(B)) or otherwise violates the
terms and conditions of his or her nonimmigrant status; and
``(C) the alien, the sponsoring United States citizen son
or daughter, or the spouse or parent in nonimmigrant status
under 101(a)(15)(Y)(i), possesses the ability and financial
means to return the alien to his or her country of residence.
``(3) Terms and conditions.--An alien admitted as a visitor
for pleasure under the provisions of this subsection--
``(A) may not stay in the United States for an aggregate
period in excess of 180 days within any calendar year unless
an extension of stay is granted upon the specific approval of
the district director for good cause;
``(B) shall, according to such procedures as the Secretary
may by regulations prescribe, register with the Secretary
upon departure from the United States; and
``(C) may not be issued employment authorization by the
Secretary or be employed.
``(4) Permanent bars for overstays.--
``(A) In general.--Any alien admitted as a visitor for
pleasure under the terms and conditions of this subsection
who remains in the United States beyond his or her authorized
period of admission is permanently barred from any future
immigration benefits under the immigration laws, except--
``(i) asylum under section 208(a);
``(ii) withholding of removal under section 241(b)(3); or
``(iii) protection under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984.
``(B) Exception.--Overstay of the authorized period of
admission granted to aliens admitted as visitors for pleasure
under the terms and conditions of this subsection may be
excused in the discretion of the Secretary where it is
demonstrated that:
``(i) the period of overstay was due to extraordinary
circumstances beyond the control of the applicant, and the
Secretary finds the period commensurate with the
circumstances; and
``(ii) the alien has not otherwise violated his or her
nonimmigrant status.
``(5) Bar on sponsor of overstay.--The United States
citizen or Y-1 nonimmigrant sponsor of an alien--
``(A) admitted as a visitor for pleasure under the terms
and conditions of this subsection, and
``(B) who remains in the United States beyond his or her
authorized period of admission,

shall be permanently barred from sponsoring that alien for
admission as a visitor for pleasure under the terms and
conditions of this subsection, and, in the case of a Y-1
nonimmigrant sponsor, shall have his Y-1 nonimmigrant status
terminated.
``(6) Construction.--Except as specifically provided in
this subsection, nothing in this subsection may be construed
to make inapplicable--
``(A) the requirements for admissibility and eligibility;
or
``(B) the terms and conditions of admission as a
nonimmigrant under section 101(a)(15)(B).''.

SEC. __. REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS BY
NATIONALS.

(a) Preference Categories.--Section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)), as
amended by section 503(c), is further amended--
(1) by striking ``not to exceed'' and inserting ``equal
to''; and
(2) by adding at the end the following: ``If the number of
visas issued pursuant to this paragraph is fewer than 87,000,
such unused visas may be available for visas issued pursuant
to paragraph (1).''.
(b) Parent Visitor Visas.--Section 214(s)(4) of the
Immigration and Nationality Act, as added by section 506(b),
is amended by striking ``7 percent'' each place it appears
and inserting ``5 percent''.

SEC. __. EFFECT OF EXTENDED FAMILY ON MERIT-BASED EVALUATION
SYSTEM.

Section 203(b)(1)(A) of the Immigration and Nationality
Act, as amended by section 502(b)(1), is amended by striking
the merit-based evaluation system set forth in all the matter
relating to ``Extended family'' and insert the following:

------------------------------------------------------------------------

------------------------------------------------------------------------
Extended family              Adult (21 or older) son or daughter      15
of a United States citizen - 10
points
Adult (21 or older) son or daughter  ......
of a legal permanent resident - 10
points
Sibling of a United States citizen   ......
or legal permanent resident - 10
points
If an alien had applied for a        ......
family visa in any of the above
categories after May 1, 2005 - 5
points
------------------------------------------------------------------------
Total                        ...................................     105
------------------------------------------------------------------------

SEC. __. IDENTIFICATION CARD STANDARDS.

(a) Repeal.--Section 306 of this Act is repealed.
(b) Limitation.--Notwithstanding any other provision of
this Act or the amendments made by this Act--
(1) no Federal agency may require that a driver's license
or personal identification card meet the standards specified
under the REAL ID Act of 2005 (division B of Public Law 109-
13) to establish employment authorization or identity in
order to be hired by an employer; and
(2) no Federal funds may be provided under this Act to
assist States to meet such standards to establish employment
authorization or identity in order to be hired by an
employer.

TITLE __--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. _01. REPEAL OF TITLE III.

Title III of this Act is repealed and the amendments made
by title III of this Act are null and void.

SEC. _02. UNLAWFUL EMPLOYMENT OF ALIENS.

(a) In General.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended to read as
follows:

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

``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an alien
for employment in the United States knowing, or with reckless
disregard for the fact that, the alien is an unauthorized
alien with respect to such employment; or
``(B) to hire, or to recruit or refer for a fee, an
individual for employment in the United States, unless such
employer meets the requirements of subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after hiring an alien for employment, to continue
to employ the alien in the United States knowing, or with
reckless disregard for the fact that, the alien is (or has
become) an unauthorized alien with respect to such
employment.
``(3) Use of labor through contract.--
``(A) In general.--It is unlawful for an employer to
obtain, or continue to obtain, the labor of an alien through
a contract, subcontract, or exchange knowing that the alien
is, or has become, an unauthorized alien with respect to such
employment.
``(B) Rebuttable presumption.--There shall be a rebuttable
presumption that the employer has violated subparagraph (A)
if the employer fails to terminate such contract or
subcontract upon written or electronic notice from the
Secretary that such alien is, or has become, an unauthorized
alien with respect to such employment.
``(C) Notification.--The Secretary shall establish
procedures to permit the notification of employers under
subparagraph (B).
``(4) Defense.--
``(A) In general.--Subject to subparagraph (B), an employer
that establishes that the employer has complied in good faith
with the requirements of subsections (c) and (d) has
established an affirmative defense that the employer has not
violated paragraph (1)(A) with respect to such hiring,
recruiting, or referral.
``(B) Exception.--Until the date that an employer is
required to participate in the Electronic Employment
Verification System under subsection (d) or is participating
in such System on a voluntary basis, the employer may
establish an affirmative defense under subparagraph (A) by
complying with the requirements of subsection (c).
``(b) Order of Internal Review and Certification of
Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is authorized, at
any time, to require that the employer certify that the
employer is in compliance with this section, or has
instituted a program to come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the employer shall certify
under penalty of perjury that--
``(A) the employer is in compliance with the requirements
of subsections (c) and (d); or
``(B) that the employer has instituted a program to come
into compliance with such requirements.

[[Page S8446]]

``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good
cause, at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for
certification under paragraph (1) and for specific
recordkeeping practices with respect to such certification,
and procedures for the audit of any records related to such
certification.
``(c) Document Verification Requirements.--An employer
hiring, or recruiting or referring for a fee, an individual
for employment in the United States, shall verify that the
individual is eligible for such employment by meeting the
following requirements:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall attest, under penalty
of perjury and on a form prescribed by the Secretary, that
the employer has verified the identity and eligibility for
employment of the individual by examining a document
described in subparagraph (B).
``(ii) Signature requirements.--An attestation required by
clause (i) may be manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--The employer has
complied with the requirement of this paragraph with respect
to examination of documentation if a reasonable person would
conclude that the document examined is genuine and relates to
the individual whose identity and eligibility for employment
in the United States is being verified. If the individual
provides a document sufficient to meet the requirements of
this paragraph, nothing in this paragraph shall be construed
as requiring an employer to solicit any other document or as
requiring the individual to produce any other document.
``(B) Identification documents.--A document described in
this subparagraph is--
``(i) in the case of an individual who is a national of the
United States--

``(I) a United States passport, or passport card issued
pursuant to the Secretary of State's authority under the
first section of the Act of July 3, 1926 (44 Stat. 887,
Chapter 772; 22 U.S.C. 211a); or
``(II) a driver's license or identity card issued by a
State, the Commonwealth of the Northern Mariana Islands, or
an outlying possession of the United States that--

``(aa) contains a photograph of the individual and other
identifying information, including the individual's name,
date of birth, gender, and address; and
``(bb) contains security features to make the license or
card resistant to tampering, counterfeiting, and fraudulent
use;
``(ii) in the case of an alien lawfully admitted for
permanent residence in the United States, a permanent
resident card, as specified by the Secretary that meets the
requirements of items (aa) and (bb) of clause (i)(II);
``(iii) in the case of an alien who is authorized to be
employed in the United States, an employment authorization
card, as specified by the Secretary that meets the
requirements of such items (aa) and (bb); or
``(iv) in the case of an individual who is unable to obtain
a document described in clause (i), (ii), or (iii), a
document designated by the Secretary that meets the
requirements of such items (aa) and (bb).
``(C) Authority to prohibit use of certain documents.--
``(i) Authority.--If the Secretary finds that a document or
class of documents described in subparagraph (B) is not
reliable to establish identity or is being used fraudulently
to an unacceptable degree, the Secretary shall prohibit, or
impose conditions, on the use of such document or class of
documents for purposes of this subsection.
``(ii) Requirement for publication.--The Secretary shall
publish notice of any findings under clause (i) in the
Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall attest, under
penalty of perjury on the form described in paragraph
(1)(A)(i), that the individual is a national of the United
States, an alien lawfully admitted for permanent residence,
or an alien who is authorized to be hired, or to be recruited
or referred for a fee, in the United States.
``(ii) Signature for examination.--An attestation required
by clause (i) may be manifested by a handwritten or
electronic signature.
``(B) Penalties.--An individual who falsely represents that
the individual is eligible for employment in the United
States in an attestation required by subparagraph (A) shall,
for each such violation, be subject to a fine of not more
than $5,000, a term of imprisonment not to exceed 3 years, or
both.
``(3) Retention of attestation.--The employer shall retain
a paper, microfiche, microfilm, or electronic version of the
attestations made under paragraphs (1) and (2) and make such
attestations available for inspection by an officer of the
Department of Homeland Security, any other person designated
by the Secretary, the Special Counsel for Immigration-Related
Unfair Employment Practices of the Department of Justice, or
the Secretary of Labor during a period beginning on the date
of the hiring, or recruiting or referring for a fee, of the
individual and ending--
``(A) in the case of the recruiting or referral for a fee
(without hiring) of an individual, 5 years after the date of
the recruiting or referral; or
``(B) in the case of the hiring of an individual the later
of--
``(i) 5 years after the date of such hiring;
``(ii) 1 year after the date the individual's employment is
terminated; or
``(iii) in the case of an employer or class of employers, a
period that is less than the applicable period described in
clause (i) or (ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and recordkeeping requirements.--
``(A) Retention of documents.--Notwithstanding any other
provision of law, an employer shall retain, for the
applicable period described in paragraph (3), the following
documents:
``(i) In general.--The employer shall copy all documents
presented by an individual described in paragraph (1)(B) and
shall retain paper, microfiche, microfilm, or electronic
copies of such documents. Such copies shall be designated as
copied documents.
``(ii) Other documents.--The employer shall maintain
records of any action taken and copies of any correspondence
written or received with respect to the verification of an
individual's identity or eligibility for employment in the
United States.
``(B) Use of retained documents.--An employer shall use
copies retained under clause (i) or (ii) of subparagraph (A)
only for the purposes of complying with the requirements of
this subsection, except as otherwise permitted under law.
``(5) Penalties.--An employer that fails to comply with the
recordkeeping requirements of this subsection shall be
subject to the penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize,
directly or indirectly, the issuance, use, or establishment
of a national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') to determine
whether--
``(A) the identifying information submitted by an
individual is consistent with the information maintained by
the Secretary, the Secretary of State, the Commissioner of
Social Security, or the official of a State responsible for
issuing drivers' licenses and identity cards; and
``(B) such individual is eligible for employment in the
United States.
``(2) Requirement for participation.--
``(A) New employees.--The Secretary shall require all
employers in the United States to participate in the System,
with respect to all employees hired by the employer on or
after the date that is not later than 18 months after the
date of enactment of this section.
``(B) Other employees.--Not later than 3 years after such
date of enactment, the Secretary shall require all employers
to verify through the System the identity and employment
eligibility of any individual who--
``(i) the Secretary has reason to believe is unlawfully
employed based on the information received under section
6103(l)(21) of the Internal Revenue Code of 1986; and
``(ii) has not been previously verified through the System.
``(3) Other participation in system.--Notwithstanding
paragraph (2), the Secretary has the authority--
``(A) to permit any employer that is not required to
participate in the System under paragraph (2) to participate
in the System on a voluntary basis; and
``(B) to require any employer or class of employers to
participate on a priority basis in the System with respect to
individuals employed as of, or hired after, the date of
enactment of this section--
``(i) if the Secretary designates such employer or class of
employers as a critical employer based on an assessment of
homeland security or national security needs; or
``(ii) if the Secretary has reasonable cause to believe
that the employer has engaged in material violations of
paragraph (1), (2), or (3) of subsection (a).
``(4) Requirement to notify.--The Secretary shall notify
the employer or class of employers in writing regarding the
requirement for participation in the System under paragraph
(2) or (3)(B) not less than 60 days prior to the effective
date of such requirement. Such notice shall include the
training materials described in paragraph (8)(E)(iv).
``(5) Registration of employers.--An employer shall
register the employer's participation in the System in the
manner prescribed by the Secretary prior to the date the
employer is required or permitted to submit information with
respect to an employee under this subsection.
``(6) Additional guidance.--A registered employer shall be
permitted to utilize any technology that is consistent with
this section and with any regulation or guidance from the
Secretary to streamline the procedures to facilitate
compliance with--
``(A) the attestation requirement in subsection (c); and
``(B) the employment eligibility verification requirements
in this subsection.
``(7) Consequence of failure to participate.--If an
employer is required to participate in the System and fails
to comply with the requirements of the System with respect to
an employee--
``(A) such failure shall be treated as a violation of
subsection (a)(1)(B); and

[[Page S8447]]

``(B) a rebuttable presumption is created that the employer
has violated subsection (a)(1)(A), however, such presumption
may not apply to a prosecution under subsection (f)(1).
``(8) Design and operation of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) respond to each inquiry made by a registered employer
through the Internet or other electronic media, or over a
toll-free telephone line regarding an individual's identity
and eligibility for employment in the United States; and
``(ii) maintain a record of each such inquiry and the
information provided in response to such inquiry.
``(B) Initial inquiry.--
``(i) Information required.--A registered employer shall
with respect to hiring or recruiting or referring for a fee
any individual for employment in the United States, obtain
from the individual and record on the form described in
subsection (c)(1)(A)(i)--

``(I) the individual's name and date of birth;
``(II) the individual's social security account number;
``(III) the identification number contained on the document
presented by the individual pursuant to subsection (c)(1)(B);
and
``(IV) in the case of an individual who does not attest
that the individual is a national of the United States under
subsection (c)(1)(A)(i), such alien identification or
authorization number that the Secretary shall require.

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

``(I) not earlier than the date of hire and no later than
the first day of employment, or recruiting or referring for a
fee, of the individual (as the case may be); or
``(II) in the case of an employee hired before such
employer was required to participate in the system, at such
time as the Secretary shall specify.

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

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

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

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

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

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

``(iv) Training materials.--The Secretary shall make
available or provide to the employer, upon request, not later
than 60 days prior to such employer's participation in the
System, appropriate training materials to facilitate
compliance with this subsection, and sections 274B(a)(7) and
274C(a).
``(F) Responsibilities of the commissioner of social
security.--The responsibilities of the Commissioner of Social
Security with respect to the System are set out in section
205(c)(2) of the Social Security Act.
``(G) Responsibilities of the secretary of state.--The
Secretary of State shall establish a reliable, secure method
to provide through the System a confirmation of the issuance
of identity documents described in subsection (c)(1)(B)(i)(I)
and transmit to the Secretary the related photographic image
or other identifying information.
``(H) Responsibilities of a state.--The official
responsible for issuing drivers' licenses and identity cards
for a State shall establish a reliable, secure method to
provide through the System a confirmation of the issuance of
identity documents described in subsection (c)(1)(B)(i)(II)
and transmit to the Secretary the related photographic image
or other identifying information.
``(9) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(10) Administrative review.--
``(A) In general.--An individual who is terminated from
employment as a result of a final nonconfirmation notice may,
not later than 30 days after the date of such termination,
file an appeal of such notice.
``(B) Procedures.--The Secretary and Commissioner of Social
Security shall develop procedures to review appeals filed
under subparagraph (A) and to make final determinations on
such appeals.
``(C) Review for errors.--If a final determination on an
appeal filed under subparagraph (A) results in a confirmation
of an individual's eligibility to work in the United States,
the administrative review process shall require the Secretary
to determine whether the final nonconfirmation notice issued
for the individual was the result of--
``(i) the decision rules, processes, or procedures utilized
by the System;
``(ii) a natural disaster, or other event beyond the
control of the government;
``(iii) acts or omissions of an employee or official
operating or responsible for the System;
``(iv) acts or omissions of the individual's employer;
``(v) acts or omissions of the individual; or
``(vi) any other reason.

[[Page S8448]]

``(D) Compensation for error.--
``(i) In general.--If the Secretary makes a determination
under subparagraph (C) that the final nonconfirmation notice
issued for an individual was caused by a negligent, reckless,
willful, or malicious act of the government, and was not due
to an act or omission of the individual, the Secretary,
subject to the availability of appropriations made in
accordance with paragraph (12)(B), shall compensate the
individual for lost wages.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work schedule that
prevailed prior to termination. The individual shall be
compensated for wages lost during the period beginning on the
date the individual files a notice of appeal under this
paragraph and ending on the earlier of--

``(I) the date which is 180 days thereafter; or
``(II) the day after the date the individual receives a
confirmation described in subparagraph (C).

``(11) Judicial review.--
``(A) In general.--After the Secretary makes a final
determination on an appeal filed by an individual under the
administrative review process described in paragraph (10),
the individual may obtain judicial review of such
determination by a civil action commenced not later than 30
days after the date of such decision, or such further time as
the Secretary may allow.
``(B) Jurisdiction.--A civil action for such judicial
review shall be brought in the district court of the United
States for the judicial district in which the plaintiff
resides, or has a principal place of business, or, if the
plaintiff does not reside or have a principal place of
business within any such judicial district, in the District
Court of the United States for the District of Columbia.
``(C) Answer.--As part of the Secretary's answer to a
complaint for such judicial review, the Secretary shall file
a certified copy of the administrative record compiled during
the administrative review under paragraph (10), including the
evidence upon which the findings and decision complained of
are based. The court shall have power to enter, upon the
pleadings and transcript of the record, a judgment affirming
or reversing the result of that administrative review, with
or without remanding the cause for a rehearing.
``(D) Compensation for error.--
``(i) In general.--In cases in which such judicial review
reverses the final determination of the Secretary made under
paragraph (10), the court, subject to the availability of
appropriations made in accordance with paragraph (12)(B),
shall compensate the individual for lost wages.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work scheduled that
prevailed prior to termination. The individual shall be
compensated for wages lost during the period beginning on the
date the individual files a notice of appeal under paragraph
(10) and ending on the earlier of--

``(I) the date which is 180 days thereafter; or
``(II) the day after the date the individual receives a
reversal described in clause (i).

``(12) Compensation for loss of employment.--For purposes
of paragraphs (10) and (11)--
``(A) Limitation on compensation.--For purposes of
determining an individual's compensation for the loss of
employment, such compensation shall not include any period in
which the individual was not present in, or was ineligible
for employment in, the United States.
``(B) Authorization of appropriation of funds.--There is
authorized to be appropriated such sums as may be necessary
to provide the compensation or reimbursement provided for
under such paragraphs. An appropriation made pursuant to this
authorization shall be in addition to any funds otherwise
authorized to be appropriated to the Department of Homeland
Security.
``(13) Limitation on collection and use of data.--
``(A) Limitation on collection of data.--
``(i) In general.--The Secretary shall collect and maintain
only the minimum data necessary to facilitate the successful
operation of the System, and in no case shall the data be
other than--

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

``(ii) Penalties.--Any officer, employee, or contractor who
willfully and knowingly collects and maintains data in the
System other than data described in clause (i) shall be
guilty of a misdemeanor and fined $1,000 for each violation.
``(B) Limitation on use of data.--Whoever willfully and
knowingly accesses, discloses, or uses any information
obtained or maintained by the System--
``(i) for the purpose of committing identity fraud, or
assisting another person in committing identity fraud, as
defined in section 1028 of title 18, United States Code;
``(ii) for the purpose of unlawfully obtaining employment
in the United States or unlawfully obtaining employment in
the United States for any other person; or
``(iii) for any purpose other than as provided for under
any provision of law;

shall be guilty of a felony and upon conviction shall be
fined under title 18, United States Code, or imprisoned for
not more than 5 years, or both.
``(C) Exceptions.--Nothing in subparagraph (A) or (B) may
be construed to limit the collection, maintenance, or use of
data by the Commissioner of Internal Revenue or the
Commissioner of Social Security as provided by law.
``(14) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection with respect to completion of forms, method
of storage, attestations, copying of documents, signatures,
methods of transmitting information, and other operational
and technical aspects to improve the efficiency, accuracy,
and security of the System. The Secretary shall minimize the
collection and storage of paper documents and maximize the
use of electronic records, including electronic signatures.
``(15) Annual gao study and report.--
``(A) Requirement.--The Comptroller General of the United
States shall conduct an annual study of the System.
``(B) Purpose.--The study shall evaluate the accuracy,
efficiency, integrity, and impact of the System.
``(C) Report.--Not later than the date that is 24 months
after the date of the enactment of this section, and annually
thereafter, the Comptroller General shall submit to Congress
a report containing the findings of the study carried out
under this paragraph. Each such report shall include, at a
minimum, the following:
``(i) An assessment of System performance with respect to
the rate at which individuals who are eligible for employment
in the United States are correctly approved within each of
the periods specified in paragraph (8), including a separate
assessment of such rate for nationals and aliens.
``(ii) An assessment of the privacy and security of the
System and its effects on identity fraud or the misuse of
personal data.
``(iii) An assessment of the effects of the System on the
employment of unauthorized aliens.
``(iv) An assessment of the effects of the System,
including the effects of tentative confirmations on unfair
immigration-related employment practices, and employment
discrimination based on national origin or citizenship
status.
``(v) An assessment of whether the Secretary and the
Commissioner of Social Security have adequate resources to
carry out the duties and responsibilities of this section.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file complaints
regarding potential violations of subsection (a);
``(B) for the investigation of such complaints that the
Secretary determines are appropriate to investigate; and
``(C) for the investigation of other violations of
subsection (a) that the Secretary determines is appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees of the
Department of Homeland Security--
``(i) shall have reasonable access to examine evidence
regarding any employer being investigated; and
``(ii) if designated by the Secretary, may compel by
subpoena the attendance of witnesses and the production of
evidence at any designated place in an investigation or case
under this subsection.
``(B) Failure to cooperate.--In case of refusal to obey a
subpoena lawfully issued under subparagraph (A)(ii), the
Secretary may request that the Attorney General apply in an
appropriate district court of the United States for an order
requiring compliance with such subpoena, and any failure to
obey such order may be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor shall
have the investigative authority provided under section 11(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to
ensure compliance with the provisions of this section.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has reasonable
cause to believe that there has been a violation of a
requirement of this section and determines that further
proceedings related to such violation are warranted, the
Secretary shall issue to the employer concerned a written
notice of the Secretary's intention to issue a claim for a
fine or other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) specify the amount of fines or other penalties to
be imposed;
``(iv) disclose the material facts which establish the
alleged violation; and
``(v) inform such employer that the employer shall have a
reasonable opportunity to make representations as to why a
claim

[[Page S8449]]

for a monetary or other penalty should not be imposed.
``(B) Remission or mitigation of penalties.--
``(i) Review by secretary.--If the Secretary determines
that such fine or other penalty was incurred erroneously, or
determines the existence of such mitigating circumstances as
to justify the remission or mitigation of such fine or
penalty, the Secretary may remit or mitigate such fine or
other penalty on the terms and conditions as the Secretary
determines are reasonable and just, or order termination of
any proceedings related to the notice. Such mitigating
circumstances may include good faith compliance and
participation in, or agreement to participate in, the System,
if not otherwise required.
``(ii) Applicability.--This subparagraph may not apply to
an employer that has or is engaged in a pattern or practice
of violations of paragraph (1), (2), or (3) of subsection (a)
or of any other requirements of this section.
``(C) Penalty claim.--After considering evidence and
representations offered by the employer, the Secretary shall
determine whether there was a violation and promptly issue a
written final determination setting forth the findings of
fact and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized aliens.--
Any employer that violates any provision of paragraph (1),
(2), or (3) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of $5,000 for each unauthorized
alien with respect to each such violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of $10,000 for
each unauthorized alien with respect to each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph or has failed to comply with a
previously issued and final order related to any such
provision, pay a civil penalty of $25,000 for each
unauthorized alien with respect to each such violation.
``(iv) If the employer has previously been fined more than
2 times under this subparagraph or has failed to comply with
a previously issued and final order related to any such
provision, pay a civil penalty of $75,000 for each
unauthorized alien with respect to each such violation.
``(v) An employer who fails to comply with a written final
determination under paragraph (3)(C) shall be fined $75,000
for each violation, in addition to any fines or other
penalties imposed by such determination.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with the
recordkeeping requirements of subsections (a), (c), and (d),
shall pay a civil penalty as follows:
``(i) Pay a civil penalty of $1,000 for each such
violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of $2,000 for
each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph, pay a civil penalty of $5,000
for each such violation.
``(iv) If the employer has previously been fined more than
2 times under this subparagraph, pay a civil penalty of
$15,000 for each such violation.
``(v) An employer who fails to comply with a written final
determination under paragraph (3) shall be fined $15,000 for
each violation, in addition to any fines or other penalties
imposed by such determination.
``(C) Other penalties.--Notwithstanding subparagraphs (A)
and (B), the Secretary may impose additional penalties for
violations, including violations of cease and desist orders,
specially designed compliance plans to prevent further
violations, suspended fines to take effect in the event of a
further violation, and in appropriate cases, the criminal
penalty described in subsection (f).
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 30 days after the date the
final determination is issued, file a petition in any
appropriate district court of the United States. The filing
of a petition as provided in this paragraph shall stay the
Secretary's determination until entry of judgment by the
court. The burden shall be on the employer to show that the
final determination was not supported by substantial
evidence. The Secretary is authorized to require that the
petitioner provide, prior to filing for review, security for
payment of fines and penalties through bond or other
guarantee of payment acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that
employer under this subsection, and the final determination
is not subject to review as provided in paragraph (5), the
Attorney General may file suit to enforce compliance with the
final determination, not earlier than 31 days and not later
than 180 days after the date the final determination is
issued, in any appropriate district court of the United
States. In any such suit, the validity and appropriateness of
the final determination shall not be subject to review.
``(f) Criminal Penalties and Injunctions for Pattern or
Practice Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $75,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 3 years for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice
of employment, recruitment, or referral in violation of
paragraph (1)(A) or (2) of subsection (a), the Attorney
General may bring a civil action in the appropriate district
court of the United States requesting a permanent or
temporary injunction, restraining order, or other order
against the employer, as the Secretary deems necessary.
``(g) Adjustment for Inflation.--All penalties in this
section shall be increased every 4 years beginning January
2011 to reflect the percentage increase in the consumer price
index for all urban consumers (all items; U.S. city average)
for the 48 month period ending with September of the year
preceding the year such adjustment is made. Any adjustment
under this subparagraph shall be rounded to the nearest
dollar.
``(h) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referral of an individual, to require
the individual to post a bond or security, to pay or agree to
pay an amount, or otherwise to provide a financial guarantee
or indemnity, against any potential liability arising under
this section relating to such hiring, recruiting, or referral
of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1)
of this subsection shall be subject to a civil penalty of
$10,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of
such paragraph to the employee or, if the employee cannot be
located, to the general fund of the Treasury.
``(i) Prohibition on Award of Government Contracts, Grants,
and Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold a
Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of this
section or is convicted of a crime under this section, the
employer shall be subject to debarment from the receipt of a
Federal contract, grant, or cooperative agreement for a
period of not more than 2 years in accordance with the
procedures and standards prescribed by the Federal
Acquisition Regulations. The Secretary or the Attorney
General shall advise the Administrator of General Services of
such a debarment, and the Administrator of General Services
shall list the employer on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs for a period
of the debarment.
``(B) Waiver.--The Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive operation of this subsection or may limit the duration
or scope of the debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is determined
by the Secretary to be a repeat violator of this section or
is convicted of a crime under this section, shall be subject
to debarment from the receipt of new Federal contracts,
grants, or cooperative agreements for a period of not more
than 2 years in accordance with the procedures and standards
prescribed by the Federal Acquisition Regulations.
``(B) Notice to agencies.--Prior to debarring the employer
under subparagraph (A), the Secretary, in cooperation with
the Administrator of General Services, shall advise all
agencies or departments holding a contract, grant, or
cooperative agreement with the employer of the Government's
intention to debar the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of not more than 2 years.
``(C) Waiver.--After consideration of the views of all
agencies or departments that hold a contract, grant, or
cooperative agreement with the employer, the Secretary may,
in lieu of debarring the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of nor more than 2 years, waive operation of this
subsection, limit the duration or scope of the debarment, or
may refer to an appropriate lead agency the decision of
whether to debar the employer, for what duration, and under
what scope in accordance with the procedures and standards
prescribed by the Federal Acquisition Regulation. However,
any proposed debarment predicated on an administrative
determination of liability for civil penalty by the Secretary
or the Attorney General shall not be reviewable in any
debarment proceeding.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered
a cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(4) Determination of repeat violators.--Inadvertent
violations of recordkeeping or verification requirements, in
the

[[Page S8450]]

absence of any other violations of this section, shall not be
a basis for determining that an employer is a repeat violator
for purposes of this subsection.
``(j) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens eligible to be
employed in the United States, the Secretary shall provide
that any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement (other than aliens lawfully
admitted for permanent residence).
``(2) Preemption.--The provisions of this section preempt
any State or local law--
``(A) imposing civil or criminal sanctions upon those who
hire, or recruit or refer for a fee, unauthorized aliens for
employment; or
``(B) requiring the use of the System for any unauthorized
purpose, or any authorized purpose prior to the time such use
is required or permitted by Federal law.
``(k) Deposit of Amounts Received.--Except as otherwise
specified, civil penalties collected under this section shall
be deposited by the Secretary into the general fund of the
Treasury.
``(l) Definitions.--In this section:
``(1) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(2) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent residence;
or
``(B) authorized to be so employed by this Act or by the
Secretary under any other provision of law.''.
(b) Conforming Amendments.--
(1) Amendments.--
(A) Repeal of basic pilot.--Sections 401, 402, 403, 404,
and 405 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) are repealed.
(B) Repeal of reporting requirements.--
(i) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 of the Immigration and
Nationality Act (8 U.S.C. 1360) is repealed.
(ii) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1360 note) is
repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under sections 401,
402, 403, 404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1324a note) in the Electronic
Employment Verification System established pursuant to such
subsection (d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1)
(8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)''
and inserting ``274A''.
(2) Document requirements.--Section 274B of the Immigration
and Nationality Act (8 U.S.C. 1324b) is amended--
(A) in subsections (a)(6) and (g)(2)(B), by striking
``274A(b)'' and inserting ``274A(c) and (d)''; and
(B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)''
and inserting ``274A(c)''.
(d) Amendments to the Social Security Act.--
(1) EEVS determinations.--Section 205(c)(2) of the Social
Security Act (42 U.S.C. 405(c)(2)) is amended by adding at
the end the following:
``(I)(i) The Commissioner of Social Security shall, subject
to the provisions of section _01(f)(2) of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007,
establish a reliable, secure method to provide through the
Electronic Employment Verification System established
pursuant to subsection (d) of section 274A of the Immigration
and Nationality Act (referred to in this subparagraph as the
`System'), within the time periods required by paragraph (8)
of such subsection--
``(I) a determination of whether the name, date of birth,
and social security account number of an individual provided
in an inquiry made to the System by an employer is consistent
with such information maintained by the Commissioner;
``(II) a determination of the citizenship status associated
with such name and social security account number, according
to the records maintained by the Commissioner;
``(III) a determination of whether the name and number
belongs to an individual who is deceased, according to the
records maintained by the Commissioner;
``(IV) a determination of whether the name and number is
blocked in accordance with clause (ii); and
``(V) a confirmation notice or a nonconfirmation notice
described in such paragraph (8), in a manner that ensures
that other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(ii) The Commissioner of Social Security shall prevent
the fraudulent or other misuse of a social security account
number by establishing procedures under which an individual
who has been assigned a social security account number may
block the use of such number under the System and remove such
block.
``(J) In assigning social security account numbers to
aliens who are authorized to work in the United States under
section 218A of the Immigration and Nationality Act, the
Commissioner of Social Security shall--
``(i) to the maximum extent practicable, assign such
numbers by employing the enumeration procedure administered
jointly by the Commissioner, the Secretary of State, and the
Secretary of Homeland Security;
``(ii) in all cases, record, verify, and maintain an
electronic record of the alien identification or
authorization number issued by the Secretary and utilized by
the Commissioner in assigning such social security account
number; and
``(iii) upon the issuance of a social security account
number, transmit such number to the Secretary of Homeland
Security for inclusion in such alien's record maintained by
the Secretary.''.
(2) Agreement.--Section 205(c)(2)(C)(i) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)(i)) is amended by adding
at the end the following: ``Any State that utilizes a social
security account number for such purpose shall enter into an
agreement with the Commissioner to allow the Commissioner to
verify the name, date of birth, and the identity number
issued by the official the State responsible for issuing
drivers' licenses and identity cards. Such agreement shall be
under the same terms and conditions as agreements entered
into by the Commissioner under paragraph 205(r)(8).''.
(3) Disclosure of death information.--Section 205(r) of the
Social Security Act (42 U.S.C. 405(r)) is amended by adding
at the end the following:
``(9) Notwithstanding this section or any agreement entered
into thereunder, the Commissioner of Social Security is
authorized to disclose death information to the Secretary of
Homeland Security to the extent necessary to carry out the
responsibilities required under subsection (c)(2) and section
6103(l)(21) of the Internal Revenue Code of 1986.''.
(e) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(21) Disclosure of certain taxpayer identity information
by the social security administration to the department of
homeland security.--
``(A) In general.--Upon written request by the Secretary of
Homeland Security, the Commissioner of Social Security or the
Secretary shall disclose directly to officers, employees, and
contractors of the Department of Homeland Security the
following information:
``(i) Disclosure of employer no match notices.--The
taxpayer identity of each person who has filed an information
return required by reason of section 6051 or section 6041(a)
for tax year 2005 and subsequent tax years that end before
the date that is specified in subparagraph (F) which
contains--

``(I) 1 (or any greater number the Secretary shall request)
name and taxpayer identifying number of any employee (within
the meaning of section 6051) or any recipient (within the
meaning of section 6041(a)) that could not be matched to the
records maintained by the Commissioner of Social Security, or
``(II) 2 (or any greater number the Secretary shall
request) names of employees (within the meaning of such
section) or recipients (within the meaning of section
6041(a)) with the same taxpayer identifying number,

and the taxpayer identity of each such employee or recipient.
``(ii) Disclosure of information regarding use of duplicate
taxpayer identifying information of employees.--The taxpayer
identity of each person who has filed an information return
required by reason of section 6051 or section 6041(a) for tax
year 2005 and subsequent tax years that end before the date
that is specified in subparagraph (F) which contains the
taxpayer identifying number (assigned under section 6109) of
an employee (within the meaning of section 6051) or a
recipient (within the meaning of section 6041(a))--

``(I) who is under the age of 14 (or any lesser age the
Secretary shall request), according to the records maintained
by the Commissioner of Social Security,
``(II) whose date of death, according to the records so
maintained, occurred in a calendar year preceding the
calendar year for which the information return was filed,
``(III) whose taxpayer identifying number is contained in
more than one (or any greater number the Secretary shall
request) information return filed in such calendar year,
``(IV) who is not authorized to work in the United States,
according to the records so maintained, or
``(V) who is not a national of the United States, according
to the records so maintained,

and the taxpayer identity of each such employee or recipient.
``(iii) Disclosure of information regarding
nonparticipating employers.--The taxpayer identity of each
person who has filed an information return required by reason
of section 6051 or section 6041(a) which the

[[Page S8451]]

Commissioner of Social Security or the Secretary, as the case
may be, has reason to believe, based on a comparison with
information submitted by the Secretary of Homeland Security,
contains evidence of such person's failure to register and
participate in the Electronic Employment Verification System
authorized under section 274A(d) of the Immigration and
Nationality Act (hereafter in this paragraph referred to as
the `System').
``(iv) Disclosure of information regarding new employees of
nonparticipating employers.--The taxpayer identity of all
employees (within the meaning of section 6051) hired and
recipients (within the meaning of section 6041(a)) retained
after the date a person identified in clause (iii) is
required to participate in the System under section
274A(d)(2) or section 274A(d)(3)(B) of the Immigration and
Nationality Act.
``(v) Disclosure of information regarding employees of
certain designated employers.--The taxpayer identity of all
employees (within the meaning of section 6051) and recipients
(within the meaning of section 6041(a)) of each person who is
required to participate in the System under section
274A(d)(3)(B) of the Immigration and Nationality Act.
``(vi) Disclosure of new hire taxpayer identity
information.--The taxpayer identity of each person
participating in the System and the taxpayer identity of all
employees (within the meaning of section 6051) of such person
hired and all recipients (within the meaning of section
6041(a)) of such person retained during the period beginning
with the later of--

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

ending with the date of the most recent request under this
clause.
``(B) Restriction on disclosure.--The taxpayer identities
disclosed under subparagraph (A) may be used by officers,
employees, and contractors of the Department of Homeland
Security only for purposes of, and to the extent necessary
in--
``(i) preventing identity fraud;
``(ii) preventing unauthorized aliens from obtaining
employment in the United States;
``(iii) establishing and enforcing employer participation
in the System;
``(iv) carrying out, including through civil administrative
and civil judicial proceedings, of sections 212, 217, 235,
237, 238, 274A, 274B, and 274C of the Immigration and
Nationality Act; and
``(v) the civil operation of the Alien Terrorist Removal
Court.
``(C) Reimbursement.--The Commissioner of Social Security
and the Secretary shall prescribe a reasonable fee schedule
based on the additional costs directly incurred for
furnishing taxpayer identities under this paragraph and
collect such fees in advance from the Secretary of Homeland
Security.
``(D) Information returns under section 6041.--For purposes
of this paragraph, any reference to information returns
required by reason of section 6041(a) shall only be a
reference to such information returns relating to payments
for labor.
``(E) Form of disclosure.--The taxpayer identities to be
disclosed under paragraph (A) shall be provided in a form
agreed upon by the Commissioner of Social Security, the
Secretary, and the Secretary of Homeland Security.
``(F) Termination.--This paragraph shall not apply to any
request made after the date which is 5 years after the date
of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--Section 6103(p) of such Code is amended by
adding at the end the following:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless such Department, to
the satisfaction of the Secretary--
``(A) has requirements in effect which require each such
contractor which would have access to returns or return
information to provide safeguards (within the meaning of
paragraph (4)) to protect the confidentiality of such returns
or return information,
``(B) agrees to conduct an on-site review every 3 years
(midpoint review in the case of contracts or agreements of
less than 3 years in duration) of each contractor to
determine compliance with such requirements,
``(C) submits the findings of the most recent review
conducted under subparagraph (B) to the Secretary as part of
the report required by paragraph (4)(E), and
``(D) certifies to the Secretary, for the most recent
annual period, that such contractor is in compliance with all
such requirements, by submitting the name and address of each
contractor, a description of the contract or agreement with
such contractor, and the duration of such contract or
agreement.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended by adding
at the end the following new sentence: ``The Commissioner of
Social Security shall provide to the Secretary such
information as the Secretary may require in carrying out this
paragraph with respect to return information inspected or
disclosed under the authority of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it appears and
inserting ``(17), or (21)''; and
(ii) by striking ``or (20)'' each place it appears and
inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended by
inserting ``or paragraph (9)'' after ``subparagraph (A)''.
(E) Section 7213(a)(2) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out the
amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in this
title or the amendments made by this title, but only to the
extent funds are appropriated, in advance, to cover the
Commissioner's full costs in carrying out such
responsibilities. In no case shall funds from the Federal
Old-Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund be used to carry out such
responsibilities.
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (d) shall take effect on the date of the
enactment of this Act.
(2) Subsection (e).--
(A) In general.--The amendments made by subsection (e)
shall apply to disclosures made after the date of the
enactment of this Act.
(B) Certifications.--The first certification under section
6103(p)(9)(D) of the Internal Revenue Code of 1986, as added
by subsection (e)(2), shall be made with respect to calendar
year 2008.

SEC. _03. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION
AGENTS.

(a) Increase in Number of Personnel.--The Secretary shall,
subject to the availability of appropriations for such
purpose, annually increase, by not less than 2,200, the
number of United States Immigration and Customs Enforcement
personnel during the 5-year period beginning on the date of
the enactment of this Act.
(b) Use of Personnel.--The Secretary shall ensure that not
less than 25 percent of all the hours expended by United
States Immigration and Customs Enforcement personnel is used
to enforce compliance with sections 274A and 274C of the
Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2008 through 2012 such sums as may be necessary to
carry out this section.

SEC. _04. CLARIFICATION OF INELIGIBILITY FOR
MISREPRESENTATION.

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

SEC. _05. ANTIDISCRIMINATION PROTECTIONS.

(a) Application of Prohibition of Discrimination to
Verification System.--Section 274B(a) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, the verification of the individual's work authorization
through the Electronic Employment Verification System
described in section 274A(d),'' after ``the individual for
employment''; and
(B) in subparagraph (B), by striking ``in the case of a
protected individual (as defined in paragraph (3)),''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Antidiscrimination requirements of the electronic
employment verification system.--
``(A) In general.--It is an unfair immigration-related
employment practice for a person or other entity, in the
course of the electronic verification process described in
section 274A(d)--
``(i) to terminate or undertake any adverse employment
action due to a tentative nonconfirmation;
``(ii) to use the verification system for screening of an
applicant prior to an offer of employment;
``(iii) except as described in section 274A(d)(3)(B), to
use the verification system for a current employee after the
first day of employment, unless a waiver is provided by the
Secretary of Homeland Security for good cause, or for the
reverification of an employee after the employee has
satisfied the process described in section 274A(d); or
``(iv) to require an individual to make an inquiry under
the self-verification procedures established in section
274A(d)(8)(E)(iii).
``(B) Preemployment screening and background check.--
Nothing in subparagraph (A) shall be construed to preclude a
preemployment screening or background check that is required
or permitted under any other provision of law.''.
(b) Increase in Civil Money Penalties.--Section 274B(g)(2)
of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2))
is amended in subparagraph (B)(iv)--
(1) in subclause (I), by striking ``$250 and not more than
$2,000'' and inserting ``$1,000 and not more than $4,000'';

[[Page S8452]]

(2) in subclause (II), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000'';
(3) in subclause (III), by striking ``$3,000 and not more
than $10,000'' and inserting ``$6,000 and not more than
$20,000''; and
(4) in subclause (IV), by striking ``$100 and not more than
$1,000'' and inserting ``$500 and not more than $5,000''.
(c) Increased Funding of Information Campaign.--Section
274B(l)(3) of the Immigration and Nationality Act (8 U.S.C.
1324b(l)(3)) is amended by inserting ``and an additional
$40,000,000 for each of fiscal years 2008 through 2010''
before the period at the end.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to violations occurring on or after such
date.

SEC. __. DISTRICT JUDGES FOR THE DISTRICT COURTS IN BORDER
STATES.

(a) In General.--The President shall appoint, by and with
the advice and consent of the Senate--
(1) 4 additional district judges for the district of
Arizona;
(2) 4 additional district judges for the central district
of California;
(3) 4 additional district judges for the eastern of
California;
(4) 2 additional district judges for the northern district
of California;
(5) 4 additional district judges for the middle district of
Florida;
(6) 2 additional district judges for the southern district
of Florida;
(7) 1 additional district judge for the district of
Minnesota;
(8) 1 additional district judge for the district of New
Mexico;
(9) 3 additional district judges for the eastern district
of New York;
(10) 1 additional district judge for the western district
of New York;
(11) 1 additional district judge for the eastern district
of Texas;
(12) 2 additional district judges for the southern district
of Texas;
(13) 1 additional district judge for the western district
of Texas; and
(14) 1 additional district judge for the western district
of Washington.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 1 additional district judge for the district of
Arizona;
(B) 1 additional district judge for the central district of
California;
(C) 1 additional district judge for the northern district
of California;
(D) 1 additional district judge for the middle district of
Florida;
(E) 1 additional district judge for the southern district
of Florida;
(F) 1 additional district judge for the district of Idaho;
and
(G) 1 additional district judge for the district of New
Mexico.
(2) Vacancies.--For each of the judicial districts named in
this subsection, the first vacancy arising on the district
court 10 years or more after a judge is first confirmed to
fill the temporary district judgeship created in that
district by this subsection shall not be filled.
(c) Existing Judgeships.--The existing judgeships for the
district of Arizona and the district of New Mexico authorized
by section 312(c) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273, 116
Stat. 1758), as of the effective date of this Act, shall be
authorized under section 133 of title 28, United States Code,
and the incumbents in those offices shall hold the office
under section 133 of title 28, United States Code, as amended
by this Act.
(d) Tables.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to
each judicial district, reflect the changes in the total
number of permanent district judgeships authorized as a
result of subsections (a) and (c), such table is amended to
read as follows:

``Districts                             Judges

Alabama:
Northern...................................................          7
Middle.....................................................          3
Southern...................................................          3
Alaska.......................................................          3
Arizona......................................................         17
Arkansas:
Eastern....................................................          5
Western....................................................          3
California:
Northern...................................................         16
Eastern....................................................         10
Central....................................................         31
Southern...................................................         13
Colorado.....................................................          7
Connecticut..................................................          8
Delaware.....................................................          4
District of Columbia.........................................         15
Florida:
Northern...................................................          4
Middle.....................................................         19
Southern...................................................         19
Georgia:
Northern...................................................         11
Middle.....................................................          4
Southern...................................................          3
Hawaii.......................................................          3
Idaho........................................................          2
Illinois:
Northern...................................................         22
Central....................................................          4
Southern...................................................          4
Indiana:
Northern...................................................          5
Southern...................................................          5
Iowa:
Northern...................................................          2
Southern...................................................          3
Kansas.......................................................          5
Kentucky:
Eastern....................................................          5
Western....................................................          4
Eastern and Western........................................          1
Louisiana:
Eastern....................................................         12
Middle.....................................................          3
Western....................................................          7
Maine........................................................          3
Maryland.....................................................         10
Massachusetts................................................         13
Michigan:
Eastern....................................................         15
Western....................................................          4
Minnesota....................................................          8
Mississippi:
Northern...................................................          3
Southern...................................................          6
Missouri:
Eastern....................................................          6
Western....................................................          5
Eastern and Western........................................          2
Montana......................................................          3
Nebraska.....................................................          3
Nevada.......................................................          7
New Hampshire................................................          3
New Jersey...................................................         17
New Mexico...................................................          8
New York:
Northern...................................................          5
Southern...................................................         28
Eastern....................................................         18
Western....................................................          5
North Carolina:
Eastern....................................................          4
Middle.....................................................          4
Western....................................................          4
North Dakota.................................................          2
Ohio:
Northern...................................................         11
Southern...................................................          8
Oklahoma:
Northern...................................................          3
Eastern....................................................          1
Western....................................................          6
Northern, Eastern, and Western.............................          1
Oregon.......................................................          6
Pennsylvania:
Eastern....................................................         22
Middle.....................................................          6
Western....................................................         10
Puerto Rico..................................................          7
Rhode Island.................................................          3
South Carolina...............................................         10
South Dakota.................................................          3
Tennessee:
Eastern....................................................          5
Middle.....................................................          4
Western....................................................          5
Texas:
Northern...................................................         12
Southern...................................................         21
Eastern....................................................          8
Western....................................................         14
Utah.........................................................          5
Vermont......................................................          2
Virginia:
Eastern....................................................         11
Western....................................................          4
Washington:
Eastern....................................................          4
Western....................................................          8
West Virginia:
Northern...................................................          3
Southern...................................................          5
Wisconsin:
Eastern....................................................          5
Western....................................................          2
Wyoming......................................................      3.''.

(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to provide
appropriate space and facilities for the judicial positions
created under this section.
(f) Funding.--Notwithstanding any other provision of law,
the Attorney General shall transfer, for each of the fiscal
years 2008 through 2017, $8,000,000 from the Department of
Justice Assets Forfeiture Fund to the general fund of the
Treasury to carry out this section.

SEC. __. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS.

(a) In General.--Section 233(e) of the Social Security Act
(42 U.S.C. 433(e)) is amended to read as follows:
``(e)(1) Any agreement to establish a totalization
arrangement which is entered into with another country under
this section shall enter into force with respect to the
United States if (and only if)--
``(A) the President, at least 90 calendar days before the
date on which the President enters into the agreement,
notifies each House of Congress of the President's intention
to enter into the agreement, and promptly thereafter
publishes notice of such intention in the Federal Register,
``(B) the President transmits the text of such agreement to
each House of Congress as provided in paragraph (2), and
``(C) an approval resolution regarding such agreement has
passed both Houses of Congress and has been enacted into law.
``(2)(A) Whenever an agreement referred to in paragraph (1)
is entered into, the President shall transmit to each House
of Congress a document setting forth the final legal text of
such agreement and including a report by the President in
support of such

[[Page S8453]]

agreement. The President's report shall include the
following:
``(i) An estimate by the Chief Actuary of the Social
Security Administration of the effect of the agreement, in
the short term and in the long term, on the receipts and
disbursements under the social security system established by
this title.
``(ii) A statement of any administrative action proposed to
implement the agreement and how such action will change or
affect existing law.
``(iii) A statement describing whether and how the
agreement changes provisions of an agreement previously
negotiated.
``(iv) A statement describing how and to what extent the
agreement makes progress in achieving the purposes, policies,
and objectives of this title.
``(v) An estimate by the Chief Actuary of the Social
Security Administration, working in consultation with the
Comptroller General of the United States, of the number of
individuals who may become eligible for any benefits under
this title or who may otherwise be affected by the agreement.
``(vi) An assessment of the integrity of the retirement
data and records (including birth, death, and marriage
records) of the other country that is the subject of the
agreement.
``(vii) An assessment of the ability of such country to
track and monitor recipients of benefits under such
agreement.
``(B) If any separate agreement or other understanding with
another country (whether oral or in writing) relating to an
agreement to establish a totalization arrangement under this
section is not disclosed to Congress in the transmittal to
Congress under this paragraph of the agreement to establish a
totalization arrangement, then such separate agreement or
understanding shall not be considered to be part of the
agreement approved by Congress under this section and shall
have no force and effect under United States law.
``(3) For purposes of this subsection, the term `approval
resolution' means a joint resolution, the matter after the
resolving clause of which is as follows: `That the proposed
agreement entered into pursuant to section 233 of the Social
Security Act between the United States and _______
establishing totalization arrangements between the social
security system established by title II of such Act and the
social security system of _______, transmitted to Congress by
the President on ______, is hereby approved.', the first two
blanks therein being filled with the name of the country with
which the United States entered into the agreement, and the
third blank therein being filled with the date of the
transmittal of the agreement to Congress.
``(4) Whenever a document setting forth an agreement
entered into under this section and the President's report in
support of the agreement is transmitted to Congress pursuant
to paragraph (2), copies of such document shall be delivered
to both Houses of Congress on the same day and shall be
delivered to the Clerk of the House of Representatives if the
House is not in session and to the Secretary of the Senate if
the Senate is not in session.
``(5) On the day on which a document setting forth the
agreement is transmitted to the House of Representatives and
the Senate pursuant to paragraph (1), an approval resolution
with respect to such agreement shall be introduced (by
request) in the House by the majority leader of the House,
for himself or herself and the minority leader of the House,
or by Members of the House designated by the majority leader
and minority leader of the House; and shall be introduced (by
request) in the Senate by the majority leader of the Senate,
for himself or herself and the minority leader of the Senate,
or by Members of the Senate designated by the majority leader
and minority leader of the Senate. If either House is not in
session on the day on which such an agreement is transmitted,
the approval resolution with respect to such agreement shall
be introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is
in session. The resolution introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and the resolution introduced in the Senate shall
be referred to the Committee on Finance.''.
(b) Additional Reports and Evaluations.--Section 233 of the
Social Security Act (42 U.S.C. 433) is amended by adding at
the end the following new subsections:
``(f) Biennial SSA Report on Impact of Totalization
Agreements.--
``(1) Report.--For any totalization agreement transmitted
to Congress on or after January 1, 2007, the Commissioner of
Social Security shall submit a report to Congress and the
Comptroller General that--
``(A) compares the estimates contained in the report
submitted to Congress under clauses (i) and (v) of subsection
(e)(2)(A) with respect to that agreement with the actual
number of individuals affected by the agreement and the
actual effect of the agreement on social security system
receipts and disbursements; and
``(B) contains recommendations for adjusting the methods
used to make the estimates.
``(2) Dates for submission.--The report required under this
subsection shall be provided not later than 2 years after the
effective date of the totalization agreement that is the
subject of the report and biennially thereafter.
``(g) GAO Evaluation and Report.--
``(1) Evaluation of initial report on impact of
totalization agreements.--With respect to each initial report
regarding a totalization agreement submitted under subsection
(f), the Comptroller General of the United States shall
conduct an evaluation of the report that includes--
``(A) an evaluation of the procedures used for making the
estimates required by subsection (e)(2)(A);
``(B) an evaluation of the procedures used for determining
the actual number of individuals affected by the agreement
and the effects of the totalization agreement on receipts and
disbursements under the social security system; and
``(C) such recommendations as the Comptroller General
determines appropriate.
``(2) Report.--Not later than 1 year after the date of
submission of an initial report regarding a totalization
agreement under subsection (f), the Comptroller General shall
submit to Congress a report setting forth the results of the
evaluation conducted under paragraph (1).
``(3) Data collection.--The Commissioner of Social Security
shall collect and maintain the data necessary for the
Comptroller General of the United States to conduct the
evaluation required by paragraph (1).''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to agreements establishing
totalization arrangements entered into under section 233 of
the Social Security Act that are transmitted to Congress on
or after January 1, 2007.

SEC. __. IMMIGRATION ENFORCEMENT IMPROVEMENTS.

(a) Visa Exit Tracking System.--In addition to the border
security and other measures described in paragraphs (1)
through (6) of section 1(a), the certification required under
section 1(a) shall include a statement that the Secretary of
Homeland Security has established and deployed a system
capable of recording the departure of aliens admitted under
section 101(a)(15)(Y) of the Immigration and Nationality Act
at designated ports of entry or designated United States
consulates abroad.
(b) Prompt Removal Proceedings.--Subject to the
availability of appropriations, the Secretary of Homeland
Security shall promptly identify, investigate, and initiate
removal proceedings against every alien admitted into the
United States under subparagraph (B) (admitted under the
terms and conditions of section 214(s)), (H)(ii) (as amended
by title IV), or (Y) of section 101(a)(15) of the Immigration
and Nationality Act, and who exceeds the alien's period of
authorized admission or otherwise violates any terms of the
alien's nonimmigrant status. In conducting such removal
proceedings, the Secretary shall give priority to aliens who
may pose a threat to the national security, and those
convicted of criminal offenses.
(c) Report to Governors.--
(1) In general.--Not later than 90 days before the
Secretary of Homeland Security submits a written
certification under section 1(a), the Secretary shall submit
a report to the governors of the States that share a land
border with Mexico that--
(A) describes the progress made in establishing, funding,
and implementing the border security and other measures
described in subsection (a) and section 1(a); and
(B) indicates the date on which the Secretary intends to
submit a written certification under subsection (a) and
section 1(a).
(2) Governor's response.--Not later than 60 days after
receiving a report from the Secretary under paragraph (1), a
governor may submit a report to Congress that--
(A) analyzes the accuracy of the information received by
the Secretary;
(B) indicates whether the governor agrees with the
Secretary that the border security and other measures
described in subsection (a) and section 1(a) will be
established, funded, and operational before the Secretary's
certification is submitted; and
(C) makes recommendations regarding new border enforcement
policies, strategies, and additional programs needed to
secure the border.
(3) Consultation.--The Secretary shall consult with any
governor who submits a report under subsection (2) before
submitting written certification under section 1(a).
(d) Smuggling Investigators and ICE Personnel.--
(1) Increase in full-time united states immigration and
customs enforcement personnel.--In each of the fiscal years
2008 through 2012, the Secretary of Homeland Security shall,
subject to the availability of appropriations, increase by
not less than 1,250 the number of positions for full-time
active duty forensic auditors, intelligence research
specialists, agents, officers, and investigators in United
States Immigration and Customs Enforcement--
(A) to carry out the removal of aliens who are not
admissible to, or are subject to removal from, the United
States;
(B) to investigate immigration fraud; and
(C) to enforce workplace violations.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(3) Conforming amendment.--Section 5203 of the Intelligence
Reform and Terrorism Protection Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is repealed.
(e) Collection of Biometric Data From Aliens Entering and
Departing the United States.--Section 215 of the Immigration
and Nationality Act, as amended by section 111(a), is further
amended--

[[Page S8454]]

(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by striking subsection (c), as added by section
111(a)(3), and inserting the following:
``(c) Collection of Biometric Data From Aliens Entering and
Departing the United States.--The Secretary of Homeland
Security shall require an alien entering and departing the
United States to provide biometric data and other information
relating to the alien's immigration status.
``(d) Collection of Departure Data From Certain
Nonimmigrants.--
``(1) In general.--The Secretary of Homeland Security shall
require an alien who was admitted to the United States under
subparagraph (B) (under the terms and conditions of section
214(s)), (H)(ii), or (Y) of section 101(a)(15) to record the
alien's departure at a designated port of entry or at a
designated United States consulate abroad.
``(2) Failure to record departure.--If an alien does not
record the alien's departure as required under paragraph (1),
the Secretary, not later than 48 hours after the expiration
of the alien's period of authorized admission, shall enter
the name of the alien into a database of the Department of
Homeland Security as having overstayed the alien's period of
authorized admission.
``(3) Information sharing with law enforcement agencies.--
Consistent with the authority of State and local police to
assist the Federal Government in the enforcement of Federal
immigration laws, the information in the database described
in paragraph (2) shall be made available to State and local
law enforcement agencies pursuant to the provisions of
section 240D.''.
(f) Effective Date of Aggravated Felony Section.--
(1) In general.--Notwithstanding section 203(b), and except
as provided under paragraph (2), the amendments made by
section 203(a) shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply to any conviction that occurred on or after the
date of the enactment of this Act.
(2) Application with respect to convictions for sexual
abuse of a minor.--Notwithstanding paragraph (1), the
amendment made by section 203(a)(2) related to the sexual
abuse of a minor shall apply to any conviction for sexual
abuse of a minor that occurred before, on, or after the date
of the enactment of this Act.
(3) Application of iiraira amendments.--In accordance with
section 203(b)(2) of this Act, the amendments to section
101(a)(43) of the Immigration and Nationality Act made by
section 321 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
11 Stat. 3009-627) shall continue to apply, whether the
conviction was entered before, on, or after September 30,
1996.
(g) Increased Criminal Penalties Related to Drunk
Driving.--
(1) Inadmissibility.--Section 212(a)(2)(K) of the
Immigration and Nationality Act, as added by section
205(a)(1), is amended by inserting ``or 2 convictions for
driving under the influence under Federal or State law,''
after ``imprisonment,''.
(2) Deportability.--Section 237(a)(2)(F) of the Immigration
and Nationality Act, as added by section 205(a)(2), is
amended by inserting ``or 2 convictions for driving under the
influence under Federal or State law,'' after
``imprisonment,''.
(h) Definition of Criminal Gang.--Section 101(a)(52)(B)(iv)
of the Immigration and Nationality Act, as added by section
204(a), is amended by striking ``which is punishable by a
sentence of imprisonment of 5 years or more,''.
(i) Aliens Associated With Criminal Gangs.--
(1) Inadmissibility.--Section 212(a)(2)(F) of the
Immigration and Nationality Act, as added by section 204(b),
is amended to read as follows:
``(F) Aliens associated with criminal gangs.--
``(i) In general.--An alien is inadmissible if--

``(I) a consular officer, the Secretary of Homeland
Security, or the Attorney General knows, or has reason to
believe, that the alien is a member of a criminal gang; or
``(II) a consular officer, the Secretary of Homeland
Security, or the Attorney General knows or has reason to
believe that the alien has participated in the activities of
a criminal gang, knowing or having reason to know that such
activities would promote, further, aid, or support the
illegal activity of the criminal gang.

``(ii) Waiver.--The Secretary of Homeland Security or the
Attorney General may, in the discretion of the Secretary or
the Attorney General, as appropriate, waive an alien's
inadmissibility under clause (i).''.
(2) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act, as added by section 204(c), is amended
to read as follows:
``(F) Aliens associated with criminal gangs.--
``(i) In general.--An alien is deportable if--

``(I) there is a preponderance of the evidence to believe
the alien is a member of a criminal gang; or
``(II) there is reasonable ground to believe the alien has
participated in the activities of a criminal gang, knowing or
having reason to know that such activities would promote,
further, aid, or support the illegal activity of the criminal
gang.

``(ii) Waiver.--The Secretary of Homeland Security or the
Attorney General may, in the discretion of the Secretary or
the Attorney General, as appropriate, waive an alien's
deportability under clause (i).''.
(j) Temporary Protected Status.--Section 244(c)(2)(B) of
the Immigration and Nationality Act, as amended by section
204(d), is further amended--
(1) in clause (ii), by striking ``or'' at the end and
inserting a semicolon;
(2) in clause (iii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) the alien is a member of a criminal gang.''.
(k) Effective Date.--Notwithstanding any other provision of
this Act, the amendments made by subsections (i) and (j) of
this section and subsections (b), (c), and (d) of section 204
shall apply to--
(1) all aliens required to establish admissibility on or
after such date of enactment; and
(2) all aliens in removal, deportation, or exclusion
proceedings that are filed, pending, or reopened, on or after
such date of enactment.
(l) Detention Pending Deportation of Aliens Who Overstay.--
Section 236 of the Immigration and Nationality Act (8 U.S.C.
1226)is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Detention of Aliens Who Exceed the Alien's Period of
Authorized Admission.--
``(1) Custody.--An alien shall be arrested and detained by
the Secretary of Homeland Security pending a decision on
whether the alien is to be removed from the United States for
willfully exceeding, by 60 days or more, the period of the
alien's authorized admission or parole into the United
States.
``(2) Waiver.--The Secretary of Homeland Security may waive
the application of paragraph (1) if the Secretary determines
that the alien exceeded the alien's period of authorized
admission or parole as a result of exceptional circumstances
beyond the control of the alien.''.

SEC. __. WORKSITE ENFORCEMENT.

(a) Notification of Expiration of Admission.--
Notwithstanding any other provision of this Act, an employer
or educational institution shall notify an alien in writing
of the expiration of the alien's period of authorized
admission not later than 14 days before such eligibility
expires.
(b) Unlawful Employment of Aliens.--
(1) In general.--Section 274A(a) of the Immigration and
Nationality Act, as amended by section 302(a), is further
amended--
(A) in paragraph (3), by striking subparagraphs (B) and (C)
and inserting the following:
``(B) The Secretary may establish procedures by which an
employer may obtain confirmation from the Secretary that the
contractor or subcontractor has registered with the EEVS and
is utilizing the EEVS.
``(C) The Secretary may establish such other requirements
for employers using contractors or subcontractors as are
necessary to prevent knowing violations of this paragraph
after rulemaking pursuant to section 553 of title 5, United
States Code. The Secretary may issue widely disseminated
guidelines to clarify and supplement the regulations issued
hereunder and disseminate the guidelines broadly in
coordination with the Private Sector Office of the Department
of Homeland Security.''; and
(B) by striking paragraph (6) and inserting the following:
``(6) A rebuttable presumption is created that an employer
has acted with knowledge or reckless disregard if the
employer is shown by clear and convincing evidence to have
materially failed to comply with written standards,
procedures or instructions issued by the Secretary.
Standards, procedures or instructions issued by the Secretary
shall be objective and verifiable.''.
(2) Definitions.--Section 274A(b) of the Immigration and
Nationality Act, as amended by section 302(a), is further
amended by striking paragraph (2) and inserting the
following:
``(2) Definition of employer.--In this section, the term
`employer' means any person or entity hiring, recruiting, or
referring an individual for a fee for employment in the
United States. Franchised businesses that operate
independently do not constitute a single employer solely on
the basis of sharing a common brand.
``(3) Definition of critical infrastructure.--In this
section, the term `critical infrastructure' means agencies
and departments of the United States, States, their suppliers
or contractors, and any other employer whose employees have
access as part of their jobs to a government building,
military base, nuclear energy site, weapon site, airport, or
seaport.''.
(3) Management of eevs.--Section 274A(d)(9)(E)(v) of the
Immigration and Nationality Act, as amended by section
302(a), is further amended by adding at the end the
following: ``The Secretary shall further study the
feasibility of providing other alternatives for employers
that do not have Internet access.''.
(4) Repeat violator.--Section 274A(h)(1) of the Immigration
and Nationality Act, as amended by section 302(a), is amended
by adding at the end the following: ``The Secretary shall
define `repeat violator', as used

[[Page S8455]]

in this subsection, in a rulemaking that complies with the
requirements of section 553 of title 5, United States
Code.''.
(5) Preemption.--Section 274A(i) of the Immigration and
Nationality Act, as amended by section 302(a), is amended by
striking paragraph (2) and inserting the following:
``(2) Preemption.--The provisions of this section shall
preempt any State or local law that requires the use of the
EEVS in a fashion that--
``(A) conflicts with Federal policies, procedures or
timetables;
``(B) requires employers to verify whether or not an
individual is authorized to work in the United States; or
``(C) imposes civil or criminal sanctions (other than
through licensing and similar laws) upon those who employ, or
recruit or refer for a fee for employment, unauthorized
aliens.''.
(c) Authorization of Appropriations.--Notwithstanding the
matter preceding subparagraph (A) of section 310(a)(1), there
are authorized to be appropriated to the Secretary of
Homeland Security, in each of the 2 fiscal years beginning
after the date of the enactment of this Act, such sums as may
be necessary to annually hire not less than 2,500 personnel
of the Department of Homeland Security, who are to be
assigned exclusively or principally to an office or offices
dedicated to monitoring and enforcing compliance with
sections 274A and 274C of the Immigration and Nationality Act
(8 U.S.C. 1324a and 1324c), including compliance with the
requirements of the EEVS. These personnel shall perform the
compliance and monitoring activities described in
subparagraphs (A) through (O) of section 310(a)(1).

SEC. __. TEMPORARY WORKER PROGRAM.

(a) H-1B Streamlining and Simplification.--Section 214(g)
of the Immigration and Nationality Act, as amended by this
Act, is further amended--
(1) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 115,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 180,000 for any fiscal year;''; and
(2) in paragraph (9), as redesignated by section 409--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 101(a)(15)(H)(i)(b) in the following quantities:'';
and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
(b) Ensuring Access to Skilled Workers in Specialty
Occupations.--
(1) In general.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)), as amended by title IV,
is further amended--
(A) by striking paragraph (6), as redesignated by section
409 of this Act, and inserting the following:
``(6) The numerical limitations contained in paragraph
(1)(A) shall not apply to any nonimmigrant alien issued a
visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who--
``(A) until the number of aliens who are exempted from such
numerical limitation under this subparagraph during a fiscal
year exceeds 20,000, has earned a master's or higher degree
in science, technology, engineering, or mathematics from an
institution of higher education outside of the United States;
``(B) until the number of aliens who are exempted from such
numerical limitation under this subparagraph during a fiscal
year exceeds 40,000, has earned a master's or higher degree
from a United States institution of higher education (as
defined in section 101(a) of the Higher Education Act of
1965); and
``(C) until the number of aliens who are exempted from such
numerical limitation under this subparagraph during a fiscal
year exceeds 50,000--
``(i) is employed (or has received an offer of employment)
at an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965; 20 U.S.C.
1001(a)), or a related or affiliated nonprofit entity; or
``(ii) is employed (or has received an offer of employment)
at a nonprofit research organization or a governmental
research organization.''; and
(B) by adding at the end the following:
``(13) An employer that has at least 1,000 full-time
employees who are employed in the United States, including
employment-authorized aliens, and employs aliens admitted or
provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b) in a number that is equal to or greater
than 15 percent of the number of such full-time employees,
may file not more than 1,000 petitions under subsection (c)
to import aliens under section 101(a)(15)(H)(i)(b) in any
fiscal year.''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph (1)(A)
shall apply to any petition or visa application pending on
the date of the enactment of this Act and any petition or
visa application filed on or after such date.
(B) Effective date.--The amendment made by paragraph (1)(B)
shall take effect on the first day of the fiscal year
following the fiscal year in which the backlog of employment-
based immigrant visa petitions existing as of the effective
date established under section 502(d).
(c) Document Requirement.--Section 212(n)(1) of the
Immigration and Nationality Act, as amended by section 420,
is further amended--
(1) in subparagraph (A)--
(A) in clause (i)(II), by striking ``, and'' and inserting
a semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) will provide to the H-1B nonimmigrant--

``(I) a copy of each application filed on behalf of the
nonimmigrant under this section; and
``(II) documentation supporting each attestation, in
accordance with regulations promulgated by the Secretary of
Labor.''; and

(2) by adding at the end the following:
``(L) An H-1B nonimmigrant may not be stationed at the
worksite of an employer other than the petitioning employer
or its affiliate, subsidiary, or parent if the alien will be
controlled and supervised principally by such unaffiliated
employer or if the placement of the alien at the worksite of
the affiliated employer is essentially an arrangement to
provide labor for hire for the unaffiliated employer, rather
than a placement in connection with the provision of a
product or service.''.
(d) Fraud Assessment.--Not later than 30 days after the
date of the enactment of this Act, the Director of United
States Citizenship and Immigration Services shall, subject to
the availability of appropriations, submit to Congress a
fraud risk assessment of the H-1B visa program.
(e) Grounds of Inadmissibility.--Section 218A(f) of the
Immigration and Nationality Act , as added by section 402(a),
is amended by striking paragraphs (2) and (3) and inserting
the following:
``(2) Waiver.--For a Y nonimmigrant, the Secretary of
Homeland Security may waive those provisions of section
212(a) for which the Secretary had discretionary authority to
waive before the date of the enactment of the Secure Borders,
Economic Opportunity and Immigration Enforcement Act of
2007.''.
(f) Termination.--Section 218A(j) of the Immigration and
Nationality Act , as added by section 402(a), is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Exception.--The period of authorized admission of a Y
nonimmigrant shall not terminate for unemployment under
paragraph (1)(D) if the alien attests under the penalty of
perjury and submits documentation to the satisfaction of the
Secretary of Homeland Security that establishes that such
unemployment was the result of--
``(A) a period of physical or mental disability of the
alien or the spouse, son, daughter, or parent (as defined in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611)) of the alien;
``(B) a period of vacation, medical leave, maternity leave,
or similar leave from employment authorized by Federal or
State law or by a policy of the alien's employer; or
``(C) any other period of temporary unemployment that is
the direct result of a force majeure event.
``(3) Return to foreign residence.--An alien who is a Y
nonimmigrant whose period of authorized admission terminates
under paragraph (1) shall immediately depart the United
States.''.
(g) Registration of Departure.--Section 218A(k) of the
Immigration and Nationality Act, as added by section 402(a),
is amended by striking the subsection heading and inserting
the following:
``(k) Leaving the United States.--
``(1) Registration of departure.--
``(A) In general.--An alien who is a Y nonimmigrant whose
period of authorized admission has expired under subsection
(i), or whose period of authorized admission terminates under
subsection (j), shall register the departure of such alien at
a designated port of departure or designated United States
consulate abroad in a manner to be prescribed by the
Secretary of Homeland Security.
``(B) Effect of failure to depart.--If an alien described
in subparagraph (A) fails to depart the United States or to
register such departure as required under subsection (j)(3),
the Secretary of Homeland Security shall--
``(i) take immediate action to determine the location of
the alien; and
``(ii) if the alien is located in the United States, remove
the alien from the United States.
``(C) Invalidation of documentation.--Any documentation
issued by the Secretary of Homeland Security under subsection
(m) to an alien described in subparagraph (A) shall be
invalid for any purpose except the departure of the alien on
and after the date on which the period of authorized
admission of such alien terminates. The Secretary shall
ensure that the invalidation of such documentation is
recorded in the employment eligibility verification system
described in section 274A.
``(2) Visits outside the united states.--''.
(h) Overstay.--Section 218A(o) of the Immigration and
Nationality Act , as added by section 402(a), is amended by
striking paragraph (2) and inserting the following:
``(2) Except as provided in paragraph (3) or (4), any
alien, other than a Y nonimmigrant,

[[Page S8456]]

who, after the date of the enactment of this section remains
unlawfully in the United States beyond the period of
authorized admission, is permanently barred from any future
benefits under Federal immigration law.''.

SEC. __. IMMIGRATION BENEFITS.

(a) Numerical Limits.--Section 201(d)(1)(A) of the
Immigration and Nationality Act, as amended by section
501(b), is further amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``Section 502(d) of the
[Insert title of Act].'' and inserting ``section 502(d) of
the Secure Borders, Economic Opportunity and Immigration
Enforcement Act of 2007;''; and
(3) by adding at the end the following:
``(iii) up to 20,000 shall be for aliens who met the
specifications set forth in section 203(b)(1) on January 1,
2007; and
``(iv) the remaining visas shall be allocated as follows:

``(I) In fiscal years 2008 and 2009, 115,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
``(II) In fiscal year 2010, 86,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
``(III) In fiscal year 2011, 58,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
``(IV) In fiscal year 2012, 44,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.''.

(b) Merit-Based Immigrants.--Section 203(b)(1) of the
Immigration and Nationality Act, as amended by section
502(b)(1) of this Act, is further amended by adding at the
end the following:
``(G) Any employer desiring and intending to employ within
the United States an alien qualified under subparagraph (A)
may file a petition with the Secretary of Homeland Security
for such classification.
``(H) The Secretary shall collect applications and
petitions not later than July 1 of each fiscal year and shall
adjudicate from the pool of applicants received for that
fiscal year, from the highest to the lowest, the determined
number of points necessary for the fiscal year. If the number
of applications and petitions submitted that meet the merit-
based threshold is insufficient for the number of visas
available that year, the Secretary may continue accepting
applications and petitions at a date determined by the
Secretary to adjudicate the applications and petitions under
this section.''.
(c) Effective Date for Pending and Approved Petitions and
Applications.--Notwithstanding the provisions under section
502(d)(2)--
(1) petitions for an employment-based visa filed for
classification under paragraphs (1), (2), or (3) of section
203(b) of the Immigration and Nationality Act (as such
paragraphs existed on the date before the date of the
enactment of this Act) that were filed before the date on
which this Act was introduced and were pending or approved on
the effective date of this section, shall be treated as if
such provision remained effective and an approved petition
may serve as the basis for issuance of an immigrant visa;
(2) the beneficiary, who has been classified as a
nonimmigrant described in section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act, of such a pending or
approved petition, and any dependent accompanying or
following to join such beneficiary, may file an application
for adjustment of status under section 245(a) of the
Immigration and Nationality Act (8 U.S.C. 1255) regardless of
whether an immigrant visa is immediately available at the
time the application is filed;
(3) the application for adjustment of status filed under
paragraph (2) shall not be approved until an immigrant visa
becomes available; and
(4) aliens with applications for a labor certification
pursuant to section 212(a)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5)(A) shall preserve the
immigrant visa priority date accorded by the date of filing
of such labor certification application.
(d) Parent Visitor Visas.--Section 214(s) of the
Immigration and Nationality Act, as added by section 506(b),
is amended--
(1) in paragraph (2)(B), by striking ``$1,000, which shall
be forfeit'' and inserting ``$2,500, which shall be
forfeited''; and
(2) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) may not stay in the United States, within any
calendar year--
``(i) in the case of a spouse or child sponsored by a
nonimmigrant described in section 101(a)(15)(Y)(i), for an
aggregate period in excess of 30 days; and
``(ii) in the case of a parent sponsored by a United States
citizen child, for an aggregate period in excess of 100
days;''.

SEC. __. Z NONIMMIGRANT STATUS.

(a) Application and Background Checks.--Notwithstanding any
provision of section 601(g) or section 214A(d) of the
Immigration and Nationality Act, as added by section 622(b)--
(1) the application forms created pursuant to section
601(g)(1) of this Act and section 214A(d) of the Immigration
and Nationality Act shall request such information as the
Secretary determines necessary and appropriate, including
information concerning the alien's--
(A) physical and mental health;
(B) complete criminal history, including all arrests and
dispositions;
(C) gang membership;
(D) immigration history;
(E) employment history; and
(F) claims to United States citizenship; and
(2) the Secretary shall utilize fingerprints and other
biometric data provided by the alien pursuant to section
601(g)(3)(A) and any other appropriate information to conduct
appropriate background checks of such alien to search for
criminal, national security, or other law enforcement actions
that would render the alien ineligible for classification
under section 601 of this Act or section 214A of the
Immigration and Nationality Act; and
(3) appropriate background checks conducted pursuant to
paragraph (2) for applicants determined to be from countries
designated as state sponsors of terrorism or for whom there
are reasonable grounds for regarding the alien as a danger to
the security of the United States shall include--
(A) other appropriate background checks involving databases
operated by the Department of State and other national
security databases; and
(B) other appropriate procedures used to conduct terrorism
and national security background investigations.
(b) Probationary Benefits.--Notwithstanding any provision
of section 601(h) or section 214A(d) of the Immigration and
Nationality Act, as added by section 622(b)--
(1) no probationary benefits described in section 601(h)(1)
of this Act or section 214A(d)(7) of the Immigration and
Nationality Act may be granted to any alien unless the alien
passes all appropriate background checks under such section;
(2) an alien awaiting adjudication of the alien's
application for probationary status under such sections shall
not be considered unauthorized to work pending the granting
or denial of such status; and
(3) the term unauthorized alien, for purposes of such
section, has the meaning set forth in section 274A(b) of the
Immigration and Nationality Act, as added by section 302(a)
of this Act.
(c) Return Home Requirement.--
(1) In general.--Notwithstanding any other provision of
title VI, an alien who is applying for a Z-1 nonimmigrant
visa under section 601 shall not be eligible for such status
until the alien, in addition to the requirements described in
such section, has completed the following requirements:
(A) The alien shall demonstrate that the alien departed
from the United States and received a home return
certification of such departure from a United States consular
office in order to complete the alien's application for Z
status. The Secretary of State, in consultation with the
Secretary of Homeland Security, shall develop an appropriate
certification for such purposes.
(B) The certification provided under subparagraph (A) shall
be obtained not later than 3 years after the date on which
the alien was granted probationary status. Failure to obtain
such certification shall terminate the alien's eligibility
for Z status for a Z-1 applicant and the eligibility of the
applicant's derivative Z-2 or Z-3 applicants pursuant to
section 601.
(C) Unless otherwise authorized, an applicant for a Z-1
nonimmigrant visa shall file a home return supplement to the
alien's application for Z status at a consular office in the
alien's country of origin. The Secretary of State may direct
a consular office in a country that is not a Z nonimmigrant's
country of origin to accept an application for adjustment of
status from such an alien, if the Z nonimmigrant's country of
origin is not contiguous to the United States, to the extent
made possible by consular resources.
(2) Rulemaking.--The Secretary of Homeland Security shall
promulgate regulations to ensure a secure means for Z
applicants to fulfill the requirements under paragraph (1).
(3) Clarification.--Notwithstanding any other provision of
this Act, The return home requirement described in paragraph
(1) shall be the sole return home requirement for Z-1
nonimmigrants.
(d) Electronic System for Preregistration of Applicants for
Z and Z-A Nonimmigrant Status.--
(1) In general.--The Secretary of Homeland Security may
establish an online registration process allowing applicants
for Z and Z-A nonimmigrant status to provide, in advance of
submitting the application described in section 601(f), such
biographical information and other information as the
Secretary shall prescribe--
(A) for the purpose of providing applicants with an
appointment to provide fingerprints and other biometric data
at a facility of the Department of Homeland Security;
(B) to initiate background checks based on such
information; and
(C) for other purposes consistent with this Act.
(2) Mandatory disclosure of information.--The provisions of
section 604 shall apply to the information provided pursuant
to the process established under this section.
(e) Perjury and False Statements.--Notwithstanding any
other provision of this Act, all application forms for
immigration benefits, relief, or status under this Act
(including application forms for Z non-immigrant status)
shall bear a warning to the applicant and to any other person
involved in the preparation of the application that the
making of

[[Page S8457]]

any false statement or misrepresentation on the application
form (or any supporting documentation) will subject the
applicant or other person to prosecution for false statement,
fraud, or perjury under the applicable laws of the United
States, including sections 1001, 1546, and 1621 of title 18,
United States Code.
(f) Fraud Prevention Program.--Notwithstanding any other
provision of this Act, the head of each department
responsible for the administration of a program or authority
to confer an immigration benefit, relief, or status under
this Act shall, subject to available appropriations, develop
an administrative program to prevent fraud within or upon
such program or authority. Such program shall provide for
fraud prevention training for the relevant administrative
adjudicators within the department and such other measures as
the head of the department may provide.
(g) Eligibility for Military Service.--In addition to the
benefits described in subparagraphs (A) through (D) of
section 601(h)(1), an alien described in such section shall
be eligible to serve as a member of the Uniformed Services of
the United States.

SEC. __. GOVERNMENT CONTRACTS.

(a) Government Contracts.--Section 274A(h) of the
Immigration and Nationality Act, as amended by section 302 of
this Act, is further amended by striking paragraphs (1) and
(2) and inserting the following:
``(1) Employers.--
``(A) In general.--If an employer who does not hold Federal
contracts, grants, or cooperative agreements is determined by
the Secretary of Homeland Security to be a repeat violator of
this section or is convicted of a crime under this section,
the employer shall be subject to debarment from the receipt
of Federal contracts, grants, or cooperative agreements for a
period of not less than 5 years in accordance with the
procedures and standards prescribed by the Federal
Acquisition Regulations. The Secretary or the Attorney
General shall advise the Administrator of General Services of
any such debarment, and the Administrator of General Services
shall list the employer on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs for the
period of the debarment.
``(B) Waiver authority.--After consideration of the views
of any agency or department that holds a contract, grant, or
cooperative agreement with an employer described under
subparagraph (A), the Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive the debarment or may limit the duration or scope of the
debarment under subparagraph (A) if such waiver or limitation
is necessary to the national defense or in the interest of
national security.
``(C) Notification to congress.--If the Administrator of
General Services grants a waiver or limitation described
under subparagraph (B), the Administrator shall submit notice
of such waiver or limitation to each member of the Committee
on the Judiciary of the Senate and of the Committee on the
Judiciary of the House of Representatives.
``(2) Contractors and recipients.--
``(A) In general.--If an employer who holds Federal
contracts, grants, or cooperative agreements is determined by
the Secretary of Homeland Security to be a repeat violator of
this section or is convicted of a crime under this section,
the employer shall be subject to debarment from the receipt
of Federal contracts, grants, or cooperative agreements for a
period of not less than 5 years in accordance with the
procedures and standards prescribed by the Federal
Acquisition Regulations. Prior to debarring the employer, the
Secretary, in cooperation with the Administrator of General
Services, shall advise all agencies holding contracts,
grants, or cooperative agreements with the employer of the
proceedings to debar the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of not less than 5 years.
``(B) Waiver authority.--After consideration of the views
of any agency or department that holds a contract, grant, or
cooperative agreement with an employer described under
subparagraph (A), the Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive the debarment or may limit the duration or scope of the
debarment under subparagraph (A) if such waiver or limitation
is necessary to the national defense or in the interest of
national security.
``(C) Notification to congress.--If the Administrator of
General Services grants a waiver or limitation described
under subparagraph (B), the Administrator shall submit notice
of such waiver or limitation to each member of the Committee
on the Judiciary of the Senate and of the Committee on the
Judiciary of the House of Representatives.''.
(b) Limit on Percentage of H-1B and L Employees.--
Subparagraph (I) of section 212(n)(1) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)), as added by section
420(d), is amended to read as follows:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants and nonimmigrants described in section
101(a)(15)(L).''.
(c) Wage Determination for H-1B Nonimmigrants.--
(1) Change in minimum wages.--Section 212(p)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(p)(3)) is
amended by adding at the end the following sentence: ``The
wage rate required under subsections (n)(1)(A)(i)(II) and
(t)(1)(A)(i)(II) shall be determined and issued by the
Secretary of Labor, pursuant to a request from an employer
filing a labor condition application with the Secretary for
purposes of those subsections and as part of the adjudication
of such application. The Secretary shall respond to such a
request within 14 days.''.
(2) Labor condition applications.--Section 212(n)(1)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A))
is amended--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iv); and
(C) by inserting after clause (i) the following new
clauses:
``(ii) has filed with the Secretary of Labor, pursuant to
section 212(p)(3), a request for the Secretary's
determination of the appropriate wage rate;
``(iii) in no instance will pay more than 30 percent of the
H-1B nonimmigrants employed by the employer wages equivalent
to the lowest wage level under section 212(p)(4); and''.
(3) Nonimmigrant professionals; labor attestations.--
Section 212 of the Immigration and Nationality Act (8 U.S.C.
1182) is amended in paragraph (1)(A) of the first subsection
(t) (as added by section 402(b)(2) of Public Law 108-77 (117
Stat. 941))--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii); and
(C) inserting after clause (i) the following new clause:
``(ii) has filed with the Secretary of Labor, pursuant to
section 212(p)(3), a request for the Secretary's
determination of the appropriate wage rate; and''.
(4) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(d) Prohibition on Outplacement of H-1B Nonimmigrants.--
(1) In general.--Section 212(n) of such Act, as amended by
this Act, is further amended--
(A) in paragraph (1), by amending subparagraph (F), as
amended by section 420, to read as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an H-1B nonimmigrant
with another employer where there are indicia of an
employment relationship between the nonimmigrant and such
other employer unless the employer of the alien has been
granted a waiver under paragraph (2)(E).''; and
(B) in paragraph (2), by amending subparagraph (E), as
amended by section 420, to read as follows:
``(E) The Secretary of Labor shall promulgate rules, after
notice and a period for comment, for an employer of an H-1B
nonimmigrant to apply for a waiver of the prohibition in
paragraph (1)(F). The Secretary shall grant or deny a waiver
within 14 days after the waiver application is filed. In
order to receive a waiver under this subparagraph, the burden
shall be on the employer seeking the waiver to establish
that--
``(i) the employer with whom the nonimmigrant would be
placed has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after
the date of the placement of the nonimmigrant with the
employer;
``(ii) the nonimmigrant will not be controlled and
supervised principally by the employer with whom the
nonimmigrant would be placed; and
``(iii) the placement of the nonimmigrant is not
essentially an arrangement to provide labor for hire for the
employer with whom the nonimmigrant will be placed.''.
(2) Application.--The amendments made by paragraph (1)
shall apply to an application filed on or after the date the
rules required by section 212(n)(2)(E) of such Act, as
amended by paragraph (1)(B) of this subsection, are issued.
(e) Posting Available Positions.--
(1) Posting available positions.--Section 212(n)(1)(C) of
such Act is amended--
(A) by redesignating clause (ii) as subclause (II);
(B) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(C) by inserting before clause (ii), as redesignated by
subparagraph (B), the following:
``(i) has posted a detailed description of each position
for which a nonimmigrant is sought on the website described
in paragraph (6) of this subsection for at least 30 calendar
days, which description shall include the wages and other
terms and conditions of employment, the minimum education,
training, experience and other requirements for the position,
and the process for applying for the position; and''.
(2) Department of labor website.--Section 212(n) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a searchable website for posting positions as
required by paragraph (1)(C). This website shall be publicly
accessible without charge.

[[Page S8458]]

``(B) The Secretary may work with private companies and
nonprofit organizations in the development and operation of
the website established under this paragraph.
``(C) The Secretary may promulgate rules, after notice and
a period for comment, to carry out the requirements of this
paragraph.''.
(3) Application.--The amendments made by paragraph (1)
shall apply to an application filed 30 days or more after the
date that the website required by section 212(n)(6) of such
Act, as added by paragraph (2) of this subsection, is
created.
(f) Wage Determination for L Nonimmigrants.--
(1) Change in minimum wages.--Paragraph (2) of section
214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) is amended by adding at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--

``(aa) the prevailing wage level for the occupational
classification in the area of employment; or
``(bb) the actual wage level paid by the employer to all
other individuals with similar experience and qualifications
for the specific employment in question; and

``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--
``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--

``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).

``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendment made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(g) Prohibition on Outplacement of L Nonimmigrants.--
(1) In general.--Paragraph (2) of section 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)), as
amended by this section, is further amended by adding at the
end the following:
``(M)(i) An employer who imports an alien as a nonimmigrant
described in section 101(a)(15)(L) shall not place,
outsource, lease, or otherwise contract for the placement of
the alien with another employer where there are indicia of an
employment relationship between the alien and such other
employer unless the employer of the alien has been granted a
waiver under clause (ii).
``(ii) The Secretary of Homeland Security shall promulgate
rules, after notice and a period for comment, for an employer
to apply for a waiver of the prohibition set out in clause
(i). The Secretary shall grant or deny a waiver within 14
days after the waiver application is filed. In order to
receive such a waiver, the burden shall be on the employer
seeking the waiver to establish that--
``(I) the employer with whom the nonimmigrant would be
placed has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after
the date of the placement of the nonimmigrant with the
employer;
``(II) the nonimmigrant will not be controlled and
supervised principally by the employer with whom the
nonimmigrant would be placed; and
``(III) the placement of the nonimmigrant is not
essentially an arrangement to provide labor for hire for the
employer with whom the nonimmigrant will be placed, rather
than a placement in connection with the provision or a
product or service for which specialized knowledge specific
to the petitioning employer is necessary.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to an application filed on or after the date the rules
required by section 212(c)(2)(M)(ii) of such Act, as added by
paragraph (1) of this subsection, are issued.

SEC. __. H-1B PROVISIONS.

(a) Repeal of Certain Temporary Worker Provisions.--The
following amendments are null and void and have no effect:
(1) The amendments to subsection (b) of section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) made by
subsection (c) of section 418 of this Act.
(2) The amendments to subsection (h) of such section 214
made by subsection (d) of such section 418.
(3) The amendments to subsection (g) of such section 214
made by subsection (a) of section 419 of this Act.
(4) The amendments to paragraph (2) of subsection (i) of
such made by subsection (b) such of section 419.
(b) Granting Dual Intent to Certain Nonimmigrant
Students.--Subsection (h) of section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) is amended--
(1) by striking ``(H)(i)(b) or (c),'' and inserting
``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
(2) by striking ``if the alien had obtained a change of
status'' and inserting ``if the alien had been admitted as,
provided status as, or obtained a change of status''.
(c) H-1B Amendments.--Subsection (g) of section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(1) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 15,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 180,000 for any fiscal year;'';
(2) in paragraph (9), as redesignated by section 409--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 1101(a)(15)(H)(i)(b) in the following quantities:'';
and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
(d) Ensuring Access to Skilled Workers in Specialty
Occupations.--
(1) In general.--Paragraph (6) of section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as
redesignated by section 409, is amended to read as follows:
``(6) The numerical limitations contained in paragraph
(1)(A) shall not apply to any nonimmigrant alien issued a
visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who--
``(A) until the number of aliens who are exempted from such
numerical limitation under this subparagraph during a year
exceeds 50,000
``(i) is employed (or has received an offer of employment)
at an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965) (20 U.S.C.
1001(a)), or a related or affiliated nonprofit entity; or
``(ii) is employed (or has received an offer of employment)
at a nonprofit research organization or a governmental
research organization;
``(B) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), until the number of aliens who are exempted from
such numerical limitation under this subparagraph during a
year exceeds 40,000; or
``(C) has earned a master's or higher degree in science,
technology, engineering, or mathematics from an institution
of higher education outside of the United States, until the
number of aliens who are exempted from such numerical
limitation under this subparagraph during a year exceeds
20,000.''.
(e) Employer Requirement.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as
redesignated by section 409, is further amended to add the
following:
``(13) An employer that has at least 1,000 full-time
employees who are employed in the United States, including
employment authorized aliens, and employs aliens admitted or
provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b) in a number that is equal to or at least
15 percent of the number of such full-time employees, may
file no more than 1,000 petitions under subsection (c) to
import aliens under section 101(a)(15)(H)(i)(b) in any fiscal
year.''.
(f) Applicability.--The amendment made by subsection (d)
shall apply to any petition or visa application pending on
the date of enactment of this Act and any petition or visa
application filed on or after such date. The amendment made
by subsection (e) shall take effect on the first day of the
fiscal year following the fiscal year in which the backlog of
employment-based immigrant visa petitions existing as of the
effective date established in section 502(d) of this Act.
(g) Document Requirement.--Paragraph (1) of section 212(n)
of the Immigration and Nationality Act (8 U.S.C. 1182(n)), as
amended by this Act, is further amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting a semicolon and ``and''; and
(C) by adding at the end the following:

[[Page S8459]]

``(iii) will provide to the H-1B non-immigrant--

``(I) a copy of each application filed on behalf of the n
nonimmigrant under this section; and
``(II) documentation supporting each attestation, in
accordance with regulations promulgated by the Secretary of
Labor.'';

(2) by adding at the end the following:
``(L) An H-1B nonimmigrant may not be stationed at the
worksite of an employer other than the petitioning employer
or its affiliate, subsidiary, or parent if the alien will be
controlled and supervised principally by such unaffiliated
employer or if the placement of the alien at the worksite of
the affiliated employer is essentially an arrangement to
provide labor for hire for the unaffiliated employer, rather
than a placement in connection with the provision of a
product or service.''.
(h) Fraud Assessment.--Not later than 30 days after the
date of the enactment of this Act, the Director of United
States Citizenship and Immigration Services shall submit to
Congress a fraud risk assessment of the H-1B visa program.
(i) Merit-Based Immigrants.--Section 201(d) of the
Immigration and Nationality Act (8 U.S.C. 11519(d)), as
amended by section 501(b) to is amended to read as follows:
``(d) Worldwide Level of Merit-Based, Special, and
Employment Creation Immigrants.--
``(1) In general.--The worldwide level of merit-based,
special, and employment creation immigrants under this
subsection for a fiscal year--
``(A) for the first five fiscal years shall be equal to the
number of immigrant visas made available to aliens seeking
immigrant visas under section 203(b) of this Act for fiscal
year 2005, plus any immigrant visas not required for the
class specified in (c), of which--
``(i) at least 10,000 will be for exceptional aliens in
nonimmigrant status under section 101(a)(15)(Y);
``(ii) 90,000 will be for aliens who were the beneficiaries
of an application that was pending or approved at the time of
the effective date of section 502(d) of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007;
``(iii) up to 20,000 shall be for aliens who met the
specifications set forth in section 203(b)(1)(as of January
1, 2007); and
``(iv) the remaining visas be allocated as follows:

``(I) In fiscal year 2008 and 2009, 115,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
``(II) In fiscal year 2010, 86,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
``(III) In fiscal year 2011, 58,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
``(IV) In fiscal year 2012, 44,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.''.

(j) Amendments to Merit-Based Immigrant Provisions.--
Section 203(b) of the Immigration and Nationality Act (8
U.S.C. 1153(b)), as amended by section 502(b), is further
amended in paragraph (1) by adding at the end the following
new subparagraphs:
``(G) Any employer desiring and intending to employ within
the United States an alien qualified under (A) may file a
petition with the Secretary of Homeland Security for such
classification.
``(H) The Secretary of Homeland Security shall collect
applications and petitions by July 1 of each fiscal year and
will adjudicate from the pool of applicants received for that
fiscal year, from the highest to the lowest, the determined
number of points necessary for the fiscal year. If the number
of applications and petitions submitted that meet the merit
based threshold is insufficient for the number of visas
available that year, the Secretary is authorized to continue
accepting applications and petitions at a date determined by
the Secretary to adjudicate the applications and petitions
under this section.''.
(k) Effective Date.--
(1) Repeal.--Paragraph (2) of section 502(d) is null and
void and shall have no effect.
(2) Pending and approved petitions and applications.--
Petitions for an employment-based visa filed for
classification under section 203(b)(1), (2), or (3) of the
Immigration and Nationality Act (as such provisions existed
prior to the enactment of section 502) that were pending or
approved at the time of the effective date of section 502,
shall be treated as if such provision remained effective and
an approved petition may serve as the basis for issuance of
an immigrant visa. The beneficiary (as classified for this
subparagraph as a nonimmigrant described in section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)) of such a pending or approved
petition, and any dependent accompanying or following to join
such beneficiary, may file an application for adjustment of
status under section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255(a)) regardless of whether an
immigrant visa is immediately available at the time the
application is filed. Such application for adjustment of
status shall not be approved until an immigrant visa becomes
available. Aliens with applications for a labor certification
pursuant to section 212(a)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5)(A)) shall preserve the
immigrant visa priority date accorded by the date of filing
of such labor certification application.

SEC. __. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW
ENFORCEMENT OFFICERS.

(a) In General.--The certification submitted under section
1(a) shall include a statement that the Secretary of Homeland
Security has promulgated a regulation stating that no person,
agency, or Federal, State, or local government entity may
prohibit a law enforcement officer from acquiring information
regarding the immigration status of any individual if the
officer seeking such information has probable cause to
believe that the individual is not lawfully present in the
United States.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed--
(1) to limit the acquisition of information as otherwise
provided by law; or
(2) to require a person to disclose information regarding
an individual's immigration status prior to the provision of
medical or education services.

SEC. __. SUPPLEMENTAL IMMIGRATION FEE.

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

SEC. __. INCLUSION OF PROBATIONARY BENEFITS IN TRIGGER
PROVISION.

Notwithstanding section 1(a), no probationary benefit
authorized under section 601(h) may be issued to an alien
until after section 1 has been implemented.

SEC. __. CERTIFICATION REQUIREMENT.

(a) In General.--A petition by an employer for any visa
authorizing employment in the United States may not be
approved until the employer has provided written
certification, under penalty of perjury, to the Secretary of
Labor that--
(1) the employer has not provided a notice of a mass layoff
pursuant to the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.) during the 12-month period
immediately preceding the date on which the alien is to be
hired; and
(2) the employer does not intend to provide a notice of a
mass layoff pursuant to such Act.
(b) Effect of Mass Layoff.--If an employer provides a
notice of a mass layoff pursuant to such Act after a visa
described in subsection (a) has been approved, such visa
shall expire on the date that is 60 days after the date on
which such notice is provided.
(c) Exemption.--An employer shall be exempt from the
requirements under this section if the employer provides
written certification, under penalty of perjury, that the
total number of the employer's employees in the United States
will not be reduced as a result of a mass layoff.

TITLE __--STRENGTHENING AMERICAN CITIZENSHIP

SEC. _01. SHORT TITLE.

This title may be cited as the ``Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007''.

SEC. _02. DEFINITION.

In this title, the term ``Oath of Allegiance'' means the
binding oath (or affirmation) of allegiance required to be
naturalized as a citizen of the United States, as prescribed
in subsection (e) of section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448(e)), as added by section
_31(a)(2).

Subtitle A--Learning English

SEC. _11. ENGLISH FLUENCY.

(a) Education Grants.--
(1) Establishment.--The Chief of the Office of Citizenship
of the Department (referred to in this subsection as the
``Chief'') shall establish a grant program to provide grants
in an amount not to exceed $500 to assist lawful permanent
residents of the United States who declare an intent to apply
for

[[Page S8460]]

citizenship in the United States to meet the requirements
under section 312 of the Immigration and Nationality Act (8
U.S.C. 1423).
(2) Use of funds.--Grant funds awarded under this
subsection shall be paid directly to an accredited
institution of higher education or other qualified
educational institution (as determined by the Chief) for
tuition, fees, books, and other educational resources
required by a course on the English language in which the
lawful permanent resident is enrolled.
(3) Application.--A lawful permanent resident desiring a
grant under this subsection shall submit an application to
the Chief at such time, in such manner, and accompanied by
such information as the Chief may reasonably require.
(4) Priority.--If insufficient funds are available to award
grants to all qualified applicants, the Chief shall give
priority based on the financial need of the applicants.
(5) Notice.--The Secretary, upon relevant registration of a
lawful permanent resident with the Department of Homeland
Security, shall notify such lawful permanent resident of the
availability of grants under this subsection for lawful
permanent residents who declare an intent to apply for United
States citizenship.
(b) Faster Citizenship for English Fluency.--Section 316 of
the Immigration and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who
demonstrates English fluency, in accordance with regulations
prescribed by the Secretary of Homeland Security, in
consultation with the Secretary of State, will satisfy the
residency requirement under subsection (a) upon the
completion of 4 years of continuous legal residency in the
United States.''.

SEC. _12. SAVINGS PROVISION.

Nothing in this subtitle shall be construed to--
(1) modify the English language requirements for
naturalization under section 312(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)(1)); or
(2) influence the naturalization test redesign process of
the Office of Citizenship of the United States Citizenship
and Immigration Services (except for the requirement under
section _31(b)).

Subtitle B--Education About the American Way of Life

SEC. _21. AMERICAN CITIZENSHIP GRANT PROGRAM.

(a) In General.--The Secretary shall establish a
competitive grant program to provide financial assistance
for--
(1) efforts by entities (including veterans and patriotic
organizations) certified by the Office of Citizenship of the
Department to promote the patriotic integration of
prospective citizens into the American way of life by
providing civics, history, and English as a second language
courses, with a specific emphasis on attachment to principles
of the Constitution of the United States, the heroes of
American history (including military heroes), and the meaning
of the Oath of Allegiance; and
(2) other activities approved by the Secretary to promote
the patriotic integration of prospective citizens and the
implementation of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), including grants--
(A) to promote an understanding of the form of government
and history of the United States; and
(B) to promote an attachment to the principles of the
Constitution of the United States and the well being and
happiness of the people of the United States.
(b) Acceptance of Gifts.--The Secretary may accept and use
gifts from the United States Citizenship Foundation,
established under section _22(a), for grants under this
section.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. _22. FUNDING FOR THE OFFICE OF CITIZENSHIP.

(a) Authorization.--The Secretary, acting through the
Director of United States Citizenship and Immigration
Services, is authorized to establish the United States
Citizenship Foundation (referred to in this section as the
``Foundation''), an organization duly incorporated in the
District of Columbia, exclusively for charitable and
educational purposes to support the functions of the Office
of Citizenship, which shall include the patriotic integration
of prospective citizens into--
(1) American common values and traditions, including an
understanding of the history of the United States and the
principles of the Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(b) Dedicated Funding.--
(1) In general.--Not less than 1.5 percent of the funds
made available to United States Citizenship and Immigration
Services (including fees and appropriated funds) shall be
dedicated to the functions of the Office of Citizenship,
which shall include the patriotic integration of prospective
citizens into--
(A) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(B) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(2) Sense of congress.--It is the sense of Congress that
dedicating increased funds to the Office of Citizenship
should not result in an increase in fees charged by United
States Citizenship and Immigration Services.
(c) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the mission of the Office of Citizenship, including the
patriotic integration of prospective citizens into--
(1) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.

SEC. _23. RESTRICTION ON USE OF FUNDS.

Amounts appropriated to carry out a program under this
subtitle may not be used to organize individuals for the
purpose of political activism or advocacy.

SEC. _24. REPORTING REQUIREMENT.

The Chief of the Office of Citizenship shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on the Judiciary of the Senate, the
Committee on Education and Labor of the House of
Representatives, and the Committee on the Judiciary of the
House of Representatives, an annual report that contains--
(1) a list of the entities that have received funds from
the Office of Citizenship during the reporting period under
this subtitle and the amount of funding received by each such
entity;
(2) an evaluation of the extent to which grants received
under this subtitle and subtitle A successfully promoted an
understanding of--
(A) the English language; and
(B) American history and government, including the heroes
of American history, the meaning of the Oath of Allegiance,
and an attachment to the principles of the Constitution of
the United States; and
(3) information about the number of lawful permanent
residents who were able to achieve the knowledge described
under paragraph (2) as a result of the grants provided under
this subtitle and subtitle A.

Subtitle C--Codifying the Oath of Allegiance

SEC. _31. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.

(a) Revision of Oath.--Section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448) is amended--
(1) in subsection (a), by striking ``under section 310(b)
an oath'' and all that follows through ``personal moral
code.'' and inserting ``under section 310(b), the oath (or
affirmation) of allegiance prescribed in subsection (e).'';
and
(2) by adding at the end the following:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or
affirmation) of allegiance prescribed in this subsection is
as follows: `I take this oath solemnly, freely, and without
any mental reservation. I absolutely and entirely renounce
all allegiance to any foreign state or power of which I have
been a subject or citizen. My fidelity and allegiance from
this day forward are to the United States of America. I will
bear true faith and allegiance to the Constitution and laws
of the United States, and will support and defend them
against all enemies, foreign and domestic. I will bear arms,
or perform noncombatant military or civilian service, on
behalf of the United States when required by law. This I do
solemnly swear, so help me God.'.
``(2) If a person, by reason of religious training and
belief (or individual interpretation thereof) or for other
reasons of good conscience, cannot take the oath prescribed
in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation'
shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to
the satisfaction of the Attorney General that such person, by
reason of religious training and belief, cannot take the oath
prescribed in paragraph (1)--
``(A) because such person is opposed to the bearing of arms
in the Armed Forces of the United States, the words `bear
arms, or' shall be omitted; and
``(B) because such person is opposed to any type of service
in the Armed Forces of the United States, the words `bear
arms, or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious
training and belief'--
``(A) means a belief of an individual in relation to a
Supreme Being involving duties superior to those arising from
any human relation; and
``(B) does not include essentially political, sociological,
or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of
allegiance' under this section shall be deemed to refer to
the oath (or affirmation) of allegiance prescribed under this
subsection.''.

[[Page S8461]]

(b) History and Government Test.--The Secretary shall
incorporate a knowledge and understanding of the meaning of
the Oath of Allegiance into the history and government test
given to applicants for citizenship.
(c) Notice to Foreign Embassies.--Upon the naturalization
of a new citizen, the Secretary, in cooperation with the
Secretary of State, shall notify the embassy of the country
of which the new citizen was a citizen or subject that such
citizen has--
(1) renounced allegiance to that foreign country; and
(2) sworn allegiance to the United States.
(d) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 6 months after the date
of the enactment of this Act.

Subtitle D--Celebrating New Citizens

SEC. _41. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.

(a) Establishment.--There is established a new citizens
award program to recognize citizens who--
(1) have made an outstanding contribution to the United
States; and
(2) are naturalized during the 10-year period ending on the
date of such recognition.
(b) Presentation Authorized.--
(1) In general.--The President is authorized to present a
medal, in recognition of outstanding contributions to the
United States, to citizens described in subsection (a).
(2) Maximum number of awards.--Not more than 10 citizens
may receive a medal under this section in any calendar year.
(c) Design and Striking.--The Secretary of the Treasury
shall strike a medal with suitable emblems, devices, and
inscriptions, to be determined by the President.
(d) National Medals.--The medals struck pursuant to this
section are national medals for purposes of chapter 51 of
title 31, United States Code.

SEC. _42. NATURALIZATION CEREMONIES.

(a) In General.--The Secretary, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under this section,
the Secretary shall consider the use of outstanding and
historic locations as venues for select naturalization
ceremonies.
(c) Reporting Requirement.--The Secretary shall annually
submit a report to Congress that contains--
(1) the content of the strategy developed under this
section; and
(2) the progress made towards the implementation of such
strategy.

SEC. __. EMPLOYER OBLIGATION TO DOCUMENT COMPARABLE JOB
OPPORTUNITIES.

(a) In General.--Section 218B(b) of the Immigration and
Nationality Act, as added by section 403 of this Act, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end
and insert ``; and''; and
(C) by adding at the end the following:
``(E) documenting that for a period of not less than 90
days before the date an application is filed under subsection
(a)(1), and for a period of 1 year after the date that such
application is filed, every comparable job opportunity
(including those in the same occupation for which an
application for a Y-1 worker is made, and all other job
opportunities for which comparable education, training, or
experience are required), that becomes available at the
employer is posted to the designated State employment service
agency, including a description of the wages and other terms
and conditions of employment and the minimum education,
training, experience and other requirements of the job, and
the designated State agency has been authorized--
``(i) to post all such job opportunities on the Internet
website established under section 414 of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007, with
local job banks, and with unemployment agencies and other
referral and recruitment sources pertinent to the job
involved; and
``(ii) to notify labor organizations in the State in which
the job is located and, if applicable, the office of the
local union which represents the employees in the same or
substantially equivalent job classification of the job
opportunity.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1), the following:
``(2) Penalty for failure to document compliance.--The
failure of an employer to document compliance with paragraph
(1)(E) shall result in the employer's ineligibility to make a
subsequent application under subsection (a)(1) during the 1-
year period following the initial application. The Secretary
of Labor shall routinely publicize the requirement under
paragraph (1)(E) in communications with employers, and
encourage State agencies to also publicize such requirement,
to help employers become aware of and comply with such
requirement in a timely manner.''.
(b) Definition of Employer.--Section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)), as
amended by subsection (a) of the first section 302 (relating
to unlawful employment of aliens), is further amended by
striking paragraph (2).

SEC. __. TREATMENT OF CERTAIN NATIONALS OF IRAQ.

(a) Requirement for Rehearing of Certain Claims Denied on
Basis of Changed Country Conditions.--Section 208(b) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended
by adding at the end the following:
``(4) Changed country conditions.--The Attorney General
shall accept and grant a motion filed not later than 6 months
after the date of the enactment of this paragraph for
rehearing before an immigration judge of an application for
asylum or withholding of removal if the alien--
``(A) is a religious minority from Iraq whose claim was
denied by an immigration judge in whole or in part on the
basis of changed country conditions on or after March 1,
2003; and
``(B) has remained in the United States as of the date of
the enactment of this paragraph.''.
(b) Consideration of Certain Nationals From Iraq as
Priority 2 Refugees.--Subject to the numerical limitations
established pursuant to section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), the Secretary of State or a
designee of the Secretary shall present to the Secretary of
Homeland Security, and the Secretary of Homeland Security or
a designee of the Secretary shall adjudicate, any application
for refugee status under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) submitted by an applicant
who--
(1) is a national of Iraq;
(2) is able to demonstrate that he or she is a member of a
religious minority group in Iraq; and
(3) is able to demonstrate that he or she left Iraq before
January 1, 2007, and has resided outside Iraq since that
time.

SEC. __. PREEMPTION.

In section 274A(i) of the Immigration and Nationality Act,
as amended by section 302(a) of this Act, strike paragraph
(2) and insert the following:
``(2) Preemption.--This section preempts any State or local
law that--
``(A) requires the use of the EEVS in a manner that--
``(i) conflicts with any Federal policy, procedure, or
timetable; or
``(ii) imposes a civil or criminal sanction (other than
through licensing or other similar laws) on a person that
employs, or recruits or refers for a fee for employment, any
unauthorized alien; and
``(B) requires, as a condition of conducting, continuing,
or expanding a business, that, to achieve compliance with
subsection (a) or (b), a business entity--
``(i) shall provide, build, fund, or maintain a shelter,
structure, or designated area at or near the place of
business of the entity for use by--

``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seeking employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority; or

``(ii) shall carry out any other activity to facilitate the
employment by others of--

``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seeking employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority.''.

SEC. __. CLARIFYING AMENDMENTS REGARDING THE USE OF SOCIAL
SECURITY CARDS.

(a) Use of Social Security Cards to Establish Identity and
Employment Authorization.--Section 274A of the Immigration
and Nationality Act, as amended by section 302, is further
amended--
(1) in subsection (c)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(III), by striking ``; or'' and inserting
a semicolon;
(ii) in clause (iii), by striking the end period and
inserting ``; or''; and
(iii) by adding at the end the following:
``(iv) social security card (other than a card that
specifies on its face that the card is not valid for
establishing employment authorization in the United States)
that bears a photograph and meets the standards established
under section 716(d) of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, upon the
recommendation of the Secretary of Homeland Security, in
consultation with the Commissioner of Social Security,
pursuant to section 716(f)(1) of such Act.''; and
(B) in subparagraph (D)(i), by striking ``may'' and
inserting ``shall, not later than the date on which the
report described in section 716(f)(1) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007, is
submitted,''; and
(2) in subsection (d)(9)(B)(v)(I), by striking ``as
specified in (D)'' and inserting ``as specified in
subparagraph (D), including photographs and any other
biometric information as may be required''.
(b) Access to Social Security Card Information.--Section
205(c)(2)(I)(i) of the Social Security Act, as added by
section 308, is further amended by inserting at the end of
the flush text at the end the following new

[[Page S8462]]

sentence: ``As part of the employment eligibility
verification system established under section 274A of the
Immigration and Nationality Act, the Commissioner of Social
Security shall provide to the Secretary of Homeland Security
access to any photograph, other feature, or information
included in the social security card.''
(c) Increasing Security and Integrity of Social Security
Cards.--Notwithstanding any other provision of this Act,
section 305 of this Act is repealed.
(d) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant
Social Security Cards.--
(1) Issuance.--Not later than first day of the second
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (g), the
Commissioner of Social Security shall begin to administer and
issue fraud-resistant, tamper-resistant, and wear-resistant
social security cards displaying a photograph.
(2) Interim.--Not later than the first day of the seventh
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (g), the
Commissioner of Social Security shall issue only fraud-
resistant, tamper-resistant, and wear-resistant social
security cards displaying a photograph.
(3) Completion.--Not later than the first day of the tenth
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (g), all social
security cards that are not fraud-resistant, tamper-
resistant, and wear-resistant shall be invalid for
establishing employment authorization for any individual 16
years of age or older.
(4) Exemption.--Nothing in this section shall require an
individual under the age of 16 years to be issued or to
present for any purpose a social security card described in
this subsection. Nothing in this section shall prohibit the
Commissioner of Social Security from issuing a social
security card not meeting the requirements of this subsection
to an individual under the age of 16 years who otherwise
meets the eligibility requirements for a social security
card.
(e) Additional Duties of the Social Security
Administration.--In accordance with the responsibilities of
the Commissioner of Social Security under section
205(c)(2)(I) of the Social Security Act, as added by section
308, the Commissioner--
(1) shall issue a social security card to an individual at
the time of the issuance of a social security account number
to such individual, which card shall--
(A) contain such security and identification features as
determined by the Secretary of Homeland Security, in
consultation with the Commissioner; and
(B) be fraud-resistant, tamper-resistant, and wear-
resistant;
(2) in consultation with the Secretary of Homeland
Security, shall issue regulations specifying such particular
security and identification features, renewal requirements
(including updated photographs), and standards for the social
security card as necessary to be acceptable for purposes of
establishing identity and employment authorization under the
immigration laws of the United States; and
(3) may not issue a replacement social security card to any
individual unless the Commissioner determines that the
purpose for requiring the issuance of the replacement
document is legitimate.
(f) Reporting Requirements.--
(1) Report on the use of identification documents.--Not
later than the first day of the tenth fiscal year in which
amounts are appropriated pursuant to the authorization of
appropriations in subsection (g), the Secretary of Homeland
Security shall submit to Congress a report recommending which
documents, if any, among those described in section
274A(c)(1) of the Immigration and Nationality Act, should
continue to be used to establish identity and employment
authorization in the United States.
(2) Report on implementation.--Not later than 12 months
after the date on which the Commissioner begins to administer
and issue fraud-resistant, tamper-resistant, and wear-
resistant cards under subsection (d)(1), and annually
thereafter, the Commissioner shall submit to Congress a
report on the implementation of this section. The report
shall include analyses of the amounts needed to be
appropriated to implement this section, and of any measures
taken to protect the privacy of individuals who hold social
security cards described in this section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section and the amendments made by this section.

SEC. __. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION OR FOR ANY PERIOD WITHOUT WORK
AUTHORIZATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended--
(1) by striking subsections (c) and (d), as added by
section 607, and inserting the following:
``(c) The criterion specified in this subsection is that
the individual, if not a citizen or national of the United
States--
``(1) has been assigned a social security account number
that was, at the time of assignment, or at any later time,
consistent with the requirements under subclause (I) or (III)
of section 205(c)(2)(B)(i); or
``(2) at the time any such quarters of coverage are
earned--
``(A) is described in subparagraph (B) or (D) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15));
``(B) is lawfully admitted temporarily to the United States
for business (in the case of an individual described in such
subparagraph (B)) or the performance as a crewman (in the
case of an individual described in such subparagraph (D));
and
``(C) the business engaged in, or service as a crewman
performed, is within the scope of the terms of such
individual's admission to the United States.
``(d)(1) Except as provided in paragraph (2), no quarter of
coverage shall be credited for purposes of this section if,
with respect to any individual who is assigned a social
security account number on or after the date of the enactment
of the Secure Borders, Economic Opportunity and Immigration
Reform Act of 2007, such quarter of coverage is earned prior
to the year in which such social security account number is
assigned.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2).''.
(b) Benefit Computation.--Section 215(e)(3) of such Act, as
added by section 607(b)(3), is amended--
(1) by inserting ``who is assigned a social security
account number on or after the date of enactment of the
Secure Borders, Economic Opportunity and Immigration Reform
Act of 2007'' after ``earnings of an individual'';
(2) by striking ``for any year''; and
(3) by striking ``section 214(c)'' and inserting ``section
214(d)''.
(c) Effective Date.--Notwithstanding section 607(c), the
amendments made by this section and by section 607 shall take
effect on the date of the enactment of this Act.

SEC. __. PROTECTION FOR SCHOLARS.

(a) Nonimmigrant Category.--Section 101(a)(15) (8 U.S.C.
1101(a)(15)) of the Immigration and Nationality Act is
amended by striking subparagraph (W), as added by section
401(a)(4), and inserting the following:
``(W) subject to section 214(s), an alien--
``(i) who the Secretary of Homeland Security determines--

``(I) is a scholar; and
``(II) is subject to a risk of grave danger or persecution
in the alien's country of nationality on account of the
alien's belief, scholarship, or identity; or

``(ii) who is the spouse or child of an alien described in
clause (i) who is accompanying or following to join such
alien;''.
(b) Conditions.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184), as amended by this Act, is
further amended by adding at the end the following:
``(s) Requirements Applicable to Persecuted Scholars.--
``(1) Eligibility.--
``(A) In general.--An alien is eligible for nonimmigrant
status under section 101(a)(15)(W)(i) if the alien
demonstrates that the alien is a scholar in any field who is
subject to a risk of grave danger or persecution in the
alien's country of nationality on account of the alien's
belief, scholarship, or identity.
``(B) Consultation.--In determining eligibility of aliens
under subparagraph (A), the Secretary of Homeland Security
shall consult with nationally recognized organizations that
have not less than 5 years of experience in assisting and
funding scholars needing to escape dangerous conditions.
``(2) Numerical minimums.--The number of aliens who may be
issued visas or otherwise provided status as nonimmigrants
under section 1101(a)(15)(W) in any fiscal year may not be
less than 2,000, unless the Secretary determines that less
than 2,000 aliens who are qualified for such status are
seeking such status during the fiscal year.
``(3) Credible evidence considered.--In acting on any
application filed under this subsection, the consular officer
or the Secretary of Homeland Security, as appropriate, shall
consider any credible evidence relevant to the application,
including information received in connection with the
consultation required under paragraph (1)(B).
``(4) Nonexclusive relief.--Nothing in this subsection
limits the ability of an alien who qualifies for status under
section 101(a)(15)(W) to seek any other immigration benefit
or status for which the alien may be eligible.
``(5) Duration of status.--
``(A) Initial period.--The initial period of admission of
an alien granted status as a nonimmigrant under section
101(a)(15)(W) shall be not more than 2 years.
``(B) Extension of period.--The period of admission
described in subparagraph (A) may be extended for 1
addi<divide>tional 2-year period.''.

SEC. __. REPORT ON Y NONIMMIGRANT VISAS.

(a) In General.--The Secretary of Homeland Security shall
annually report to Congress on the number of Y nonimmigrant
visa holders that do not report at a port of departure and
return to their foreign residence, as required under section
218A(j)(3) of the Immigration and Nationality Act, as added
by section 402 of this Act.
(b) Timing of Reports.--
(1) Initial report.--The initial report required under
subsection (a) shall be submitted to Congress not later than
2 years and 2 months after the date on which the Secretary of
Homeland Security makes the certification described in
section 1(a) of this Act.

[[Page S8463]]

(2) Subsequent reports.--Following the submission of the
initial report under paragraph (1), each subsequent report
required under subsection (a) shall be submitted to Congress
not later than 60 days after the end of each calendar year.
(c) Required Action.--Based upon the findings in the
reports required under subsection (a), the Secretary, for the
following calendar year, shall reduce the number of available
Y nonimmigrant visas by a number which is equal to the number
of Y nonimmigrant visa holders who do not return to their
foreign residence, as required under section 218A(j)(3) of
the Immigration and Nationality Act, as added by section 402
of this Act.
(d) Information Sharing.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et. seq.) is amended by adding
after section 240D, as added by section 223(a) of this Act,
the following:

``SEC. 240E. INFORMATION SHARING WITH STATE AND LOCAL LAW
ENFORCEMENT AGENCIES AND POLITICAL SUBDIVISIONS
AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

``(a) Authority.--Consistent with the authority of State
and local law enforcement agencies and political subdivisions
to assist the Federal Government in the enforcement of
Federal immigration laws, the Secretary of Homeland Security
or the Attorney General may make available information
collected and maintained pursuant to any provision of this
Act. Nothing in this section may be construed to require law
enforcement personnel of a State or a political subdivision
to assist in the enforcement of the immigration laws of the
United States.
``(b) Transfer.--If the head of a law enforcement entity of
a State (or, if appropriate, a political subdivision of the
State) exercising authority with respect to the apprehension
or arrest of an alien submits a request to the Secretary of
Homeland Security that the alien be taken into Federal
custody, the Secretary of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to verify
immigration status described in section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(c)), and expeditiously inform the requesting
entity whether such individual is an alien lawfully admitted
to the United States or is otherwise lawfully present in the
United States; and
``(B) if the individual is an alien who is not lawfully
admitted to the United States or otherwise is not lawfully
present in the United States--
``(i) take the illegal alien into the custody of the
Federal Government not later than 72 hours after--

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

``(ii) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien
to a location for transfer to Federal custody; and
``(2) shall designate at least 1 Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(c) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State, or a political subdivision of a State, for
expenses, as verified by the Secretary, incurred by the State
or political subdivision in the detention and transportation
of an alien as described in subparagraphs (A) and (B) of
subsection (a)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (a)(1)
shall be equal to--
``(A) the product of--
``(i) the average daily cost of incarceration of a prisoner
in the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political
subdivision of the State); multiplied by
``(ii) the number of days that the alien was in the custody
of the State or political subdivision; plus
``(B) the cost of transporting the alien from the point of
apprehension or arrest to the location of detention, and if
the location of detention and of custody transfer are
different, to the custody transfer point; plus
``(C) the cost of uncompensated emergency medical care
provided to a detained alien during the period between the
time of transmittal of the request described in subsection
(b) and the time of transfer into Federal custody.
``(d) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that--
``(1) aliens incarcerated in a Federal facility pursuant to
this section are held in facilities which provide an
appropriate level of security; and
``(2) if practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a
facility or facilities.
``(e) Requirement for Schedule.--In carrying out this
section, the Secretary of Homeland Security shall establish a
regular circuit and schedule for the prompt transportation of
apprehended aliens from the custody of those States, and
political subdivisions of States, which routinely submit
requests described in subsection (b), into Federal custody.
``(f) Contract Authority.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with
appropriate State and local law enforcement and detention
agencies to implement this section.
``(2) Determination by secretary.--Prior to entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary
shall determine whether the State, or if appropriate, the
political subdivision in which the agencies are located, has
in place any formal or informal policy that violates section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary may
not allocate any of the funds made available under this
section to any State or political subdivision that has in
place a policy that violates such section.
``(g) Provision of Information to National Crime
Information Center.--
``(1) In general.--Except as provided in paragraph (3), not
later than 180 days after the date of the enactment of this
Act, the Secretary shall provide to the head of the National
Crime Information Center of the Department of Justice the
information that the Secretary has or maintains related to
any alien--
``(A) against whom a final order of removal has been
issued;
``(B) who enters into a voluntary departure agreement, or
is granted voluntary departure by an immigration judge, whose
period for departure has expired under subsection (a)(3) or
(b)(2) of section 240B or who has violated a condition of a
voluntary departure agreement under section 240B;
``(C) whom a Federal immigration officer has confirmed to
be unlawfully present in the United States; and
``(D) whose visa has been revoked.
``(2) Removal of information.--The head of the National
Crime Information Center shall promptly remove any
information provided by the Secretary under paragraph (1)
related to an alien who is granted lawful authority to enter
or remain legally in the United States.
``(3) Procedure for removal of erroneous information.--The
Secretary, in consultation with the head of the National
Crime Information Center of the Department of Justice, shall
develop and implement a procedure by which an alien may
petition the Secretary or head of the National Crime
Information Center, as appropriate, to remove any erroneous
information provided by the Secretary under paragraph (1)
related to such alien. Under such procedures, failure by the
alien to receive notice of a violation of the immigration
laws shall not constitute cause for removing information
provided by the Secretary under paragraph (1) related to such
alien, unless such information is erroneous. Notwithstanding
the 180-day time period set forth in paragraph (1), the
Secretary shall not provide the information required under
paragraph (1) until the procedures required by this paragraph
are developed and implemented.''.
(e) Authorization of Appropriations.--There are authorized
to be appropriated $850,000,000 for fiscal year 2008 and for
each subsequent fiscal year for the detention and removal of
aliens who are not lawfully present in the United States
under the Immigration and Nationality Act (8 U.S.C. 1101 et.
seq.).
(f) Definition of Good Moral Character.--Section 101(f) of
the Immigration and Nationality Act (8 U.S.C. 1101(f)) is
amended--
(1) by inserting after paragraph (1) the following:
``(2) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or
Attorney General, based upon any relevant information or
evidence, including classified, sensitive, or national
security information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following:
``regardless of whether the crime was defined as an
aggravated felony under subsection (a)(43) at the time of the
conviction, unless--
``(A) the person completed the term of imprisonment and
sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the Attorney
General waives the application of this paragraph; or''.
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character.'' and inserting ``a
discretionary finding for other reasons that such a person is
or was not of good moral character. In determining an
applicant's moral character, the Secretary of Homeland
Security and the Attorney General may take into consideration
the applicant's conduct and acts at any time and are not
limited to the period during which good moral character is
required.''.
(g) Pending Proceedings.--Section 204(b) of the Immigration
and Nationality Act (8 U.S.C. 1154(b)) is amended by adding
at the end the following: ``A petition may not be approved
under this section if there is any administrative or judicial
proceeding (whether civil or criminal) pending against the
petitioner that could directly or indirectly result in the
petitioner`s denaturalization or the loss of the petitioner's
lawful permanent resident status.''.
(h) Conditional Permanent Resident Status.--

[[Page S8464]]

(1) In general.--Section 216(e) of the Immigration and
Nationality Act (8 U.S.C. 1186a(e)) is amended by inserting
``if the alien has had the conditional basis removed pursuant
to this section'' before the period at the end.
(2) Certain alien entrepreneurs.--Section 216A(e) of such
Act (8 U.S.C. 1186b(e)) is amended by inserting ``if the
alien has had the conditional basis removed pursuant to this
section'' before the period at the end.
(i) Judicial Review of Naturalization Applications.--
Section 310(c) of the Immigration and Nationality Act (8
U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and
(2) by adding at the end the following: ``In any
proceeding, other than a proceeding under section 340, the
court shall review for substantial evidence the
administrative record and findings of the Secretary of
Homeland Security regarding whether an alien is a person of
good moral character, understands and is attached to the
principles of the Constitution of the United States, or is
well disposed to the good order and happiness of the United
States. The petitioner shall have the burden of showing that
the Secretary's denial of the application was contrary to
law.''.
(j) Persons Endangering National Security.--Section 316 of
the Immigration and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person
may not be naturalized if the Secretary of Homeland Security
determines, based upon any relevant information or evidence,
including classified, sensitive, or national security
information, that the person was once an alien described in
section 212(a)(3) or 237(a)(4).''.
(k) Concurrent Naturalization and Removal Proceedings.--
Section 318 of the Immigration and Nationality Act (8 U.S.C.
1429) is amended by striking ``the Attorney General if'' and
all that follows and inserting ``the Secretary of Homeland
Security or any court if there is pending against the
applicant any removal proceeding or other proceeding to
determine the applicant's inadmissibility or deportability,
or to determine whether the applicant's lawful permanent
resident status should be rescinded, regardless of when such
proceeding was commenced. The findings of the Attorney
General in terminating removal proceedings or canceling the
removal of an alien under this Act shall not be deemed
binding in any way upon the Secretary of Homeland Security
with respect to the question of whether such person has
established eligibility for naturalization in accordance with
this title.''.
(l) District Court Jurisdiction.--Section 336(b) of the
Immigration and Nationality Act (8 U.S.C. 1447(b)) is amended
to read as follows:
``(b) Request for Hearing Before District Court.--If there
is a failure to render a final administrative decision under
section 335 before the end of the 180-day period beginning on
the date on which the Secretary of Homeland Security
completes all examinations and interviews required under such
section, the applicant may apply to the district court for
the district in which the applicant resides for a hearing on
the matter. The Secretary shall notify the applicant when
such examinations and interviews have been completed. Such
district court shall only have jurisdiction to review the
basis for delay and remand the matter, with appropriate
instructions, to the Secretary for the Secretary's
determination on the application.''.

SEC. __. REPORT ON Y NONIMMIGRANT VISAS.

(a) In General.--The Secretary of Homeland Security shall
constantly report to Congress on the number of Y nonimmigrant
visa holders that do not report at a port of departure and
return to their foreign residence, as required under section
218A(j)(3) of the Immigration and Nationality Act, as added
by section 402 of this Act.
(b) Timing of Reports.--
(1) Initial report.--The initial report required under
subsection (a) shall be submitted to Congress not later than
26 months after the date on which the Secretary of Homeland
Security makes the certification described in section 1(a).
(2) Subsequent reports.--Following the submission of the
initial report under paragraph (1), each subsequent report
required under subsection (a) shall be submitted to Congress
not later than 60 days after the end of each calendar year.
(c) Required Action.--Based upon the findings in the
reports required under subsection (a), the Secretary, for the
following calendar year, shall reduce the number of available
Y nonimmigrant visas by a number which is equal to the number
of Y nonimmigrant visa holders who do not return to their
foreign residence, as required under section 218A(j)(3) of
the Immigration and Nationality Act, as added by section 402
of this Act.

TITLE --__MISCELLANEOUS

Subtitle A--Other Matters

SEC. __. MEDICAL SERVICES IN UNDERSERVED AREAS.

(a) Federal Physician Waiver Program.--Section 214(l) of
the Immigration and Nationality Act (8 U.S.C. 1184(l)), as
amended by section 425(b), is further amended by adding at
the end the following:
``(5) In administering the Federal physician waiver program
authorized under paragraph (1)(C), the Secretary of Health
and Human Services shall accept applications from--
``(A) primary care physicians and physicians practicing
specialty medicine; and
``(B) hospitals and health care facilities of any type
located in an area that the Secretary has designated as
having a shortage of physicians, including--
``(i) a Health Professional Shortage Area (as defined in
section 332(a)(1) of the Public Health Service Act (42 U.S.C.
254e(a)(1)));
``(ii) a Mental Health Professional Shortage Area;
``(iii) a Medically Underserved Area (as defined in section
330I(a)(4) of the Public Health Service Act (42 U.S.C. 254c-
14(a)(4)));
``(iv) a Medically Underserved Population (as defined in
section 330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))); or
``(v) a Physician Scarcity Areas (as identified under
section 1833(u)(4) of the Social Security Act (42 U.S.C.
13951(u)(4))).
``(6) Any employer shall be deemed to have met the
requirements under paragraph (1)(D)(iii) if the facility of
the employer is located in an area listed in paragraph
(5)(B).''.
(b) Retaining American-Trained Physicians in Physician
Shortage Communities.--Section 201(b)(1) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by
adding at the end the following:
``(F) Alien physicians who have completed service
requirements under section 214(l).''.

SEC. __. REPORT ON PROCESSING OF VISA APPLICATIONS.

Not later than February 1, 2008, and each year thereafter
through 2011, the Secretary of State shall submit a report to
the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on Foreign Affairs
and the Committee on the Judiciary of the House of
Representatives that includes the following information with
respect to each visa-issuing post operated by the Department
of State where, during the fiscal year preceding the report,
the length of time between the submission of a request for a
personal interview for a nonimmigrant visa and the date of
the personal interview of the applicant exceeded, on average,
30 days:
(1) The number of visa applications submitted in each of
the 3 preceding fiscal years, including information regarding
each type of visa applied for.
(2) The number of visa applications that were approved in
each of the 3 preceding fiscal years, including information
regarding the number of each type of visa approved.
(3) The number of visa applications in each of the 3
preceding fiscal years that were subject to a Security
Advisory Opinion or similar specialized review.
(4) The average length of time between the submission of a
visa application and the personal interview of the applicant
in each of the 3 preceding fiscal years, including
information regarding the type of visa applied for.
(5) The percentage of visa applicants who were refused a
visa in each of the 3 preceding fiscal years, including
information regarding the type of visa applied for.
(6) The number of consular officers processing visa
applications in each of the 3 preceding fiscal years.
(7) A description of each new procedure or program designed
to improve the processing of visa applications that was
implemented in each of the 3 preceding fiscal years.
(8) A description of construction or improvement of
facilities for processing visa applications in each of the 3
preceding fiscal years.
(9) A description of particular communications initiatives
or outreach undertaken to communicate the visa application
process to potential or actual visa applicants.
(10) An analysis of the facilities, personnel, information
systems, and other factors affecting the duration of time
between the submission of a visa application and the personal
interview of the applicant, and the impact of those factors
on the quality of the review of the application.
(11) Specific recommendations as to any additional
facilities, personnel, information systems, or other
requirements that would allow the personal interview to occur
not more than 30 days following the submission of a visa
application.

SEC. __. REPEAL OF SPECIAL RULE FOR ALIENS TO PROVIDE MEDICAL
SERVICES.

The amendments made by paragraph (3) of section 425(h) are
null and void and shall have no effect.

SEC. __. TECHNICAL CORRECTION TO QUALIFICATIONS FOR CERTAIN
IMMIGRANTS.

(a) Repeal of Technical Amendment.--The amendment made by
paragraph (6) of subsection (e) of the first section 502
(relating to increasing American competitiveness through a
merit-based evaluation system for immigrants) is null and
void and shall have no effect.
(b) Repeal of Labor Certification Requirement.--Paragraph
(5) of section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively.

SEC. __. TECHNICAL CORRECTIONS TO TITLE 18, UNITED STATES
CODE.

(a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by
section 551(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295;

[[Page S8465]]

120 Stat. 1389) (relating to border tunnels and passages) as
section 555.
(2) Table of sections.--The table of sections for chapter
27 of title 18, United States Code, is amended by striking
the item relating to section 554, ``Border tunnels and
passages'', and inserting the following:

``555. Border tunnels and passages.''.
(b) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554''
and inserting ``555''.

SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR
ATHLETES, ARTISTS, ENTERTAINERS, AND OTHER
ALIENS OF EXTRAORDINARY ABILITY.

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

SEC. __. REPORTS ON BACKGROUND AND SECURITY CHECKS.

(a) Repeal of Report Requirement.--The requirement set out
in subsection (c) of section 216 that the Director of the
Federal Bureau of Investigation shall submit the report
described in such subsection is null and void and shall have
no effect.
(b) Reports on Background and Security Checks.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States, in conjunction with the Director of the
Federal Bureau of Investigation, shall submit to the
appropriate congressional committees a report on the
background and security checks conducted by the Federal
Bureau of Investigation.
(2) Content.--The report submitted under paragraph (1)
shall include--
(A) a description of the background and security check
program;
(B) an analysis of resources devoted to the name check
program, including personnel and support;
(C) a statistical analysis of the background and security
check delays associated with different types of name check
requests, such as those requested by United States
Citizenship and Immigration Services or the Office of
Personnel Management, including--
(i) the number of background checks conducted on behalf of
requesting agencies, by agency and type of requests (such as
naturalization or adjustment of status); and
(ii) the average time spent on each type of background
check described under subparagraph (A), including the time
from the submission of the request to completion of the check
and the time from the initiation of check processing to the
completion of the check;
(D) a description of the obstacles that impede the timely
completion of such background checks;
(E) a discussion of the steps that the Director of the
Federal Bureau of Investigation is taking to expedite
background and security checks that have been pending for
more than 60 days; and
(F) a plan for the automation of all investigative records
related to the name check process.
(3) Annual report on delayed background checks.--Not later
than the end of each fiscal year, the Attorney General shall
submit to the appropriate congressional committees a report
containing, with respect to that fiscal year--
(A) a statistical analysis of the number of background
checks processed and pending, including check requests in
process at the time of the report and check requests that
have been received but are not yet in process;
(B) the average time taken to complete each type of
background check;
(C) a description of efforts made and progress by the
Attorney General in addressing any delays in completing such
background checks; and
(D) a description of the progress that has been made in
automating files used in the name check process, including
investigative files of the Federal Bureau of Investigation.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Homeland Security of the House of
Representatives.

SEC. __. DEPLOYMENT OF TECHNOLOGY TO IMPROVE VISA PROCESSING.

Section 222 of the Immigration and Nationality Act (8
U.S.C. 1202) is amended by adding at the end the following:
``(i) Visa Application Interviews.--
``(1) Videoconferencing.--For purposes of subsection (h),
the term `in person interview' includes an interview
conducted by videoconference or similar technology after the
date on which the Secretary of State, in consultation with
the Secretary of Homeland Security, certifies to the
appropriate committees of Congress that security measures and
audit mechanisms have been implemented to ensure that
biometrics collected for a visa applicant during an interview
using videoconference or similar technology are those of the
visa applicant.
``(2) Mobile visa interviews.--The Secretary of State is
authorized to carry out a pilot program to conduct visa
interviews using mobile teams of consular officials after the
date on which the Secretary of State, in consultation with
Secretary of Homeland Security, certifies to the appropriate
committees of Congress that such a pilot program may be
carried out without jeopardizing the integrity of the visa
interview process or the safety and security of consular
officers.
``(3) Appropriate committees of congress.--In this
subsection the term `appropriate committees of Congress'
means--
``(A) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
``(B) the Committee on Foreign Affairs, Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.''.

SEC. __. ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS
FOR HIGH VOLUME PORTS.

Subject to the availability of appropriations, before the
end of fiscal year 2008 the Secretary of Homeland Security
shall employ not less than an additional 200 Customs and
Border Protection officers to address staff shortages at the
20 United States international airports with the highest
number of foreign visitors arriving annually, as determined
pursuant to the most recent data collected by the United
States Customs and Border Protection available on the date of
the enactment of this Act.

SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH
PROFICIENCY.

(a) In General.--The Comptroller General of the United
States shall conduct a study on--
(1) the needs of citizens and lawful permanent residents of
the United States whose native language is not English to
obtain English language and literacy proficiency;
(2) the estimated costs to the public and private sector
resulting from those residents of the United States who lack
English language proficiency; and
(3) the estimated costs of operating English language
acquisition programs in the public and private sector for
those residents of the United States who lack English
language proficiency.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an inventory of all existing Federal programs designed
to improve English language and literacy acquisition for
adult citizens and lawful permanent residents of the United
States, including--
(A) a description of the purpose of each such program;
(B) a summary of the Federal expenditures for each such
program during fiscal years 2002 through 2006;
(C) data on the participation rates of individuals within
each such program and those who have expressed an interest in
obtaining English instruction but have been unable to
participate in existing programs;
(D) a summary of evaluations and performance reviews of the
effectiveness and sustainability of each such program; and
(E) a description of the coordination of Federal programs
with private and nonprofit programs;
(2) the identification of model programs at the Federal,
State, and local level with demonstrated effectiveness in
helping adult citizens and lawful permanent residents of the
United States gain English language and literacy proficiency;
(3) a summary of funding for State and local programs that
support improving the English language proficiency and
literacy of citizens and lawful permanent residents of the
United States;
(4) a summary of the costs incurred and benefits received
by Federal, State, and local governments in serving citizens
and lawful permanent residents of the United States who are
not proficient in English, including--
(A) costs for foreign language translators;

[[Page S8466]]

(B) the production of documents in multiple languages; and
(C) compliance with Executive Order 13166;
(5) an analysis of the costs incurred by businesses that
employ citizens and lawful permanent residents of the United
States who are not proficient in English, including--
(A) costs for English training and foreign language
translation;
(B) an estimate of lost productivity; and
(C) costs for providing English training to employees;
(6) the number of lawful permanent residents who are
eligible to naturalize as citizens of the United States; and
(7) recommendations regarding the most cost-effective
actions the Federal government could take to assist citizens
and lawful permanent residents of the United States to
quickly learn English.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report containing the findings from the
study conducted under this section to--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Education and Labor of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2008 and 2009 to carry out this section.

SEC. __. REPEAL OF ENGLISH LEARNING PROGRAM.

The requirements of section 711 are null and void and such
section shall have no effect.

SEC. __. REPEAL OF AUTHORIZATION OF ADDITIONAL PORTS OF
ENTRY.

The requirements of the first section 104 (relating to
ports entry) are null and void and such section shall have no
effect.

SEC. __. LIMITATION ON SECURE COMMUNICATION REQUIREMENT.

Notwithstanding section 123, the Secretary may develop and
implement the plan described in such section only subject to
the availability of appropriations for such purpose.

SEC. __. DEPOSIT OF STATE IMPACT ASSISTANCE FUNDS.

Notwithstanding clause (ii) of subsection (e)(6)(E) of the
first section 601 (included in title IV relating to
nonimmigrants in the United States previously in unlawful
status), the fees collected under subparagraph (C) of
subsection (e)(6) of such section 601 shall be deposited in
the State Impact Assistance Account established under the
first subsection (x) (relating to the State Impact Assistance
Account) of section 286 of the Immigration and Nationality
Act, as added by subsection (b) of the first section 402
(relating to admission of nonimmigrant workers), and used for
the purposes described in such section 286(x).

SEC. __. ADDITIONAL REQUIREMENTS FOR THE BORDER PATROL
TRAINING CAPACITY REVIEW.

(a) Additional Component of Review.--The review conducted
under subsection (a) of section 128 shall include an
evaluation of the positive and negative impacts of
privatizing border patrol training, including an evaluation
of the impact of privatization on the quality, morale, and
consistency of border patrol agents.
(b) Considerations.--In conducting the review under
subsection (a) of section 128, the Comptroller General of the
United States shall consider--
(1) the report by the Government Accountability Office
entitled ``Homeland Security: Information on Training New
Border Patrol Agents'' and dated March 30, 2007;
(2) the ability of Federal providers of border patrol
training, as compared to private providers of similar
training, to incorporate time-sensitive changes based on the
needs of an agency or changes in the law;
(3) the ability of a Federal agency, as compared to a
private entity, to defend the Federal agency or private
entity, as applicable, from lawsuits involving the nature,
quality, and consistency of law enforcement training; and
(4) whether any other Federal training would be more
appropriate and cost efficient for privatization than basic
border patrol training.
(c) Consultation.--In conducting the review under
subsection (a) of section 128, the Comptroller General of the
United States shall consult with--
(1) the Secretary of Homeland Security;
(2) the Commissioner of the Bureau of Customs and Border
Protection; and
(3) the Director of the Federal Law Enforcement Training
Center.

SEC. __. Y-2B VISA ALLOCATION BETWEEN THE FIRST AND SECOND
HALVES OF EACH FISCAL YEAR.

(a) Numerical Limitations.--Section 214(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as
amended by section 409(1), is further amended in subparagraph
(D) by striking ``101(a)(15)(Y)(ii)(II)'' and inserting
``101(a)(15)(Y)(ii)''.
(b) Technical Correction.--
(1) Repeal.--The amendment made by paragraph (3) of section
409 shall be null and void and shall have no effect.
(2) Correction.--Paragraph (10)(A) of section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as
redesignated by paragraph (2) of section 409, is amended by
striking ``an alien who has already been counted toward the
numerical limitation of paragraph (1)(B) during fiscal year
2004, 2005, or 2006 shall not again be counted toward such
limitation during fiscal year 2007.'' and inserting ``an
alien who has been present in the United States as an H-2B
nonimmigrant during any 1 of 3 fiscal years immediately
preceding the fiscal year of the approved start date of a
petition for a nonimmigrant worker described in section
101(a)(15)(H)(ii)(b) shall not be counted toward such
limitation for the fiscal year in which the petition is
approved. Such alien shall be considered a returning
worker.''.
(c) Allocation.--Paragraph (11) of section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as
redesignated by section 409(2), is amended--
(1) by inserting ``(A)'' before ``The''; and
(2) by adding at the end the following:
``(B) The numerical limitations under paragraph (1)(D)
shall be allocated for each fiscal year to ensure that the
total number of aliens subject to such numerical limits who
enter the United States pursuant to a visa or are accorded
nonimmigrant status under section 101(a)(15)(Y)(ii) during
the first 6 months of such fiscal year is not greater than 50
percent of the total number of such visas available for that
fiscal year.''.

SEC. __. H-2A STATUS FOR FISH ROE PROCESSORS AND TECHNICIANS.

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
by inserting ``for employment as a fish roe processor or fish
roe technician or'' before ``to perform agricultural labor or
services''.

SEC. __. AUTHORITY FOR ALIENS WITH PROBATIONARY Z
NONIMMIGRANT STATUS TO SERVE IN THE ARMED
FORCES.

An alien who files an application for Z nonimmigrant status
shall under the first section 601 (included in title IV
relating to nonimmigrants in the United States previously in
unlawful status), upon submission of any evidence required
under paragraphs (f) and (g) of such section 601 and after
the Secretary of Homeland Security has conducted appropriate
background checks, to include name and fingerprint checks,
that have not by the end of the next business day produced
information rendering the applicant ineligible shall be
eligible to serve as a member of the Armed Forces of the
United States.

SEC. __. CONSULTATION WITH CONGRESS.

Notwithstanding subsection (a) of the first section 1
(relating to effective date triggers), the certification by
the Secretary of Homeland Security under such subsection (a)
shall be prepared in consultation with the Comptroller
General, the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives.

SEC. __. ESTABLISHMENT OF A CITIZENSHIP AND IMMIGRATION
SERVICES OFFICE IN FAIRBANKS, ALASKA.

(a) In General.--The Secretary of Homeland Security, acting
through the Director for United States Citizenship and
Immigration Services, shall establish an office under the
jurisdiction of the Director in Fairbanks, Alaska, to provide
citizenship and immigration services.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year such sums as may be
necessary to carry out this section.

SEC. __. PILOT PROGRAM RELATED MEDICAL SERVICES IN
UNDERSERVED AREAS.

Clause (iii) of section 214(l)(4)(C) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)), as amended by section
425(b)(1), is amended by striking subclause (I) and inserting
the following:
``(I) with respect to a State, for the first fiscal year of
the pilot program conducted under this paragraph, the greater
of--

``(aa) 15; or
``(bb) the number of the waivers received by the State in
the previous fiscal year;''.

SEC. __. ESTABLISHMENT OF AN ADDITIONAL UNITED STATES
ATTORNEY OFFICE AND AN ADDITIONAL IMMIGRATION
AND CUSTOMS ENFORCEMENT OFFICE.

(a) Establishment of a Satellite United States Attorney
Office in St. George, Utah.--The Attorney General, acting
through the United States Attorney for the District of Utah,
shall establish a satellite office under the jurisdiction of
the United States Attorney for the District of Utah in St.
George, Utah. The primary function of the satellite office
shall be to prosecute and deter criminal activities
associated with illegal immigrants.
(b) Immigration and Customs Enforcement Office.--
(1) Establishment.--The Secretary of Homeland Security,
acting through the Assistant Secretary of Homeland Security
for United States Immigration and Customs Enforcement, shall
establish an office under the jurisdiction of the Assistant
Secretary within the vicinity of the intersection U.S.
Highway 191 and U.S. Highway 491 to reduce the flow of
illegal immigrants into the interior of the United States.
(2) Staffing.--The office established under paragraph (1)
shall be staffed by 5 full-time employees, of whom--
(A) 3 shall work for the Office of Investigations; and
(B) 2 shall work for the Office of Detention and Removal
Operations.
(3) Other resources.--The Assistant Secretary shall provide
the office established

[[Page S8467]]

under paragraph (1) with the resources necessary to
accomplish the purposes of this subsection, including office
space, detention beds, and vehicles.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $1,100,000 for fiscal year 2008; and
(B) such sums as may be necessary for each of the fiscal
years 2009 through 2012.

SEC. __. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

Section 7208(k)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to
read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland Security shall
establish an international registered traveler program that
incorporates available technologies, such as biometrics and
e-passports, and security threat assessments to expedite the
screening and processing of international travelers,
including United States Citizens and residents, who enter and
exit the United States. The program shall be coordinated with
the US-VISIT program, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security.
``(B) Fees.--The Secretary may impose a fee for the program
established under subparagraph (A) and may modify such fee
from time to time. The fee may not exceed the aggregate costs
associated with the program and shall be credited to the
Department of Homeland Security for purposes of carrying out
the international registered traveler program. Amounts so
credited shall remain available until expended.
``(C) Rulemaking.--Within 365 days after the date of
enactment of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, the Secretary shall initiate
a rulemaking to establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 1 year after the date
of enactment of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, the Secretary shall establish
a phased-implementation of a biometric-based international
registered traveler program in conjunction with the US-VISIT
entry and exit system, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security at United States airports with the highest volume of
international travelers.
``(E) Participation.--The Secretary shall ensure that the
international registered traveler program includes as many
participants as practicable by--
``(i) establishing a reasonable cost of enrollment;
``(ii) making program enrollment convenient and easily
accessible; and
``(iii) providing applicants with clear and consistent
eligibility guidelines.''.

SEC. __. WORKING CONDITIONS FOR Y NONIMMIGRANTS.

Paragraph (1) of subsection (c) of section 218B of the
Immigration and Nationality Act, as added by section 403, is
amended--
(1) by redesignating subparagraphs (D) through (L) as
subparagraphs (E) through (M), respectively; and
(2) by inserting after subparagraph (C), the following:
``(D) Working conditions.--Y nonimmigrants will be provided
the same working conditions and benefits as similarly
employed United States workers.''.

SEC. __. MATTERS RELATED TO TRIBES.

(a) Border Security on Certain Federal Lands.--
(1) Repeal of requirements.--Subparagraph (B) of section
122(b)(1) shall be null and void and have no effect.
(2) Training requirements.--In addition to the requirements
of subparagraphs (A) and (C) of section 122(b), to gain
operational control over the international land borders of
the United States and to prevent the entry of terrorists,
unlawful aliens, narcotics, and other contraband into the
United States, the Secretary, in cooperation with the
Secretary concerned (as that term is defined in section
122(a), shall provide Federal land resource, sacred sites,
and Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.) (commonly referred to as NAGPRA)
training for U.S. Customs and Border Protection agents
dedicated to protected land (as that term is defined in
section 122(a)).
(b) Border Relief Grant Program.--
(1) Repeal of definition.--Paragraph (2) of subsection (d)
of section 132 shall be null and void and have no effect.
(2) High impact area defined.--For the purposes of section
132, the term ``High Impact Area'' means any county or Indian
reservation 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 State border and the rise, if any, of criminal
activity in that county or Indian reservation; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(c) National Land Border Security Plan.--Notwithstanding
subsection (a) of section 134, the Secretary of Homeland
Security shall consult with representatives of Tribal law
enforcement prior to submitting to Congress the National Land
Border Security Plan required by such subsection.
(d) Reducing Illegal Immigration and Alien Smuggling on
Tribal Lands.--Notwithstanding paragraph (2) of subsection
(c) of section 219, the report required by such subsection
shall not include the material described in such paragraph.

SEC. __. EB-5 REGIONAL CENTER PROGRAM.

Paragraph (3) of section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)), as redesignated and
amended by section 502(b)(3) of this Act, is further
amended--
(1) by striking ``2,800'' and inserting ``10,000''; and
(2) by striking ``1,500'' and inserting ``7,500''.

Subtitle B--Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent

SEC. __1. SHORT TITLE.

This subtitle may be cited as the ``Commission on Wartime
Relocation and Internment of Latin Americans of Japanese
Descent Act''.

SEC. __2. PURPOSE.

The purpose of this subtitle is to establish a fact-finding
Commission to extend the study of the Commission on Wartime
Relocation and Internment of Civilians to investigate and
determine facts and circumstances surrounding the relocation,
internment, and deportation to Axis countries of Latin
Americans of Japanese descent from December 1941 through
February 1948, and the impact of those actions by the United
States, and to recommend appropriate remedies, if any, based
on preliminary findings by the original Commission and new
discoveries.

SEC. __3. ESTABLISHMENT OF THE COMMISSION.

(a) In General.--There is established the Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese descent (referred to in this subtitle as the
``Commission'').
(b) Composition.--The Commission shall be composed of 9
members, who shall be appointed not later than 60 days after
the date of enactment of this Act, of whom--
(1) 3 members shall be appointed by the President;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives, on the joint recommendation of the
majority leader of the House of Representatives and the
minority leader of the House of Representatives; and
(3) 3 members shall be appointed by the President pro
tempore of the Senate, on the joint recommendation of the
majority leader of the Senate and the minority leader of the
Senate.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment was made.
(d) Meetings.--
(1) First meeting.--The President shall call the first
meeting of the Commission not later than the latter of--
(A) 60 days after the date of enactment of this Act; or
(B) 30 days after the date of enactment of legislation
making appropriations to carry out this subtitle.
(2) Subsequent meetings.--Except as provided in paragraph
(1), the Commission shall meet at the call of the
Chairperson.
(e) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(f) Chairperson and Vice Chairperson.--The Commission shall
elect a Chairperson and Vice Chairperson from among its
members. The Chairperson and Vice Chairperson shall serve for
the life of the Commission.

SEC. __4. DUTIES OF THE COMMISSION.

(a) In General.--The Commission shall--
(1) extend the study of the Commission on Wartime
Relocation and Internment of Civilians, established by the
Commission on Wartime Relocation and Internment of Civilians
Act--
(A) to investigate and determine facts and circumstances
surrounding the United States' relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948, and the
impact of those actions by the United States; and
(B) in investigating those facts and circumstances, to
review directives of the United States armed forces and the
Department of State requiring the relocation, detention in
internment camps, and deportation to Axis countries of Latin
Americans of Japanese descent; and
(2) recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new
discoveries.
(b) Report.--Not later than 1 year after the date of the
first meeting of the Commission pursuant to section
__3(d)(1), the Commission shall submit a written report to
Congress, which shall contain findings resulting from the
investigation conducted under subsection (a)(1) and
recommendations described in subsection (a)(2).

SEC. __5. POWERS OF THE COMMISSION.

(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the
purpose of carrying out this subtitle--

[[Page S8468]]

(1) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers
advisable; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or
member considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the Chairperson of the Commission and
shall be served by any person or class of persons designated
by the Chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or
other evidence. Any failure to obey the order of the court
may be punished by the court as a contempt of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28,
United States Code, shall apply to witnesses requested or
subpoenaed to appear at any hearing of the Commission. The
per diem and mileage allowances for witnesses shall be paid
from funds available to pay the expenses of the Commission.
(d) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to perform
its duties. Upon request of the Chairperson of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(e) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.

SEC. __6. PERSONNEL AND ADMINISTRATIVE PROVISIONS.

(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate the employment of such personnel as may
be necessary to enable the Commission to perform its duties.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(f) Other Administrative Matters.--The Commission may--
(1) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(2) enter into contracts to procure supplies, services, and
property; and
(3) enter into contracts with Federal, State, or local
agencies, or private institutions or organizations, for the
conduct of research or surveys, the preparation of reports,
and other activities necessary to enable the Commission to
perform its duties.

SEC.__7. TERMINATION.

The Commission shall terminate 90 days after the date on
which the Commission submits its report to Congress under
section __4(b).

SEC. __8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated
such sums as may be necessary to carry out this subtitle.
(b) Availability.--Any sums appropriated under the
authorization contained in this section shall remain
available, without fiscal year limitation, until expended.

Subtitle C--Amendments Related to the AgJOBS Act of 2007

SEC. __1. EVIDENCE OF IDENTITY AND WORK AUTHORIZATION.

Clause (iii) of section 274A(c)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1324a(c)(1)(B)), as amended by
section 302, is further amended inserting ``or Z-A visa.'' at
the end.

SEC. __2. TECHNICAL CORRECTION.

Paragraph (1) of section 218C(c) of the Immigration and
Nationality Act, as added by section 404, is amended by
striking ``218E, 218F, and 218G'' and inserting ``218D and
218E''.

SEC. __3. H-2A EMPLOYMENT REQUIREMENTS.

(a) Technical Correction to Requirements for Minimum
Benefits, Wages, and Working Conditions.--Subsection (b) of
section 218D of the Immigration and Nationality Act, as added
by section 404, is amended in the matter preceding paragraph
(1) by striking ``218C(b)(2)'' and inserting ``218C(a)''.
(b) Limitation on Required Wages.--Paragraph (3) of such
section 218D(b) is further amended by striking subparagraph
(B) and inserting the following:
``(B) Limitation.--Effective on the date of the enactment
of section 404 of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007 and continuing for 3 years
thereafter, no adverse effect wage rate for a State may be
more than the adverse effect wage rate for that State in
effect on January 1, 2003, as established by section 655.107
of title 20, Code of Federal Regulations.''.
(c) Range Production of Livestock.--Section 218D of the
Immigration and Nationality Act, as added by section 404, is
amended by striking subsection (e) and inserting the
following:
``(e) Range Production of Livestock.--Nothing in this
section, section 218C, or section 218E shall preclude the
Secretary of Labor and the Secretary from continuing to apply
special procedures and requirements to the admission and
employment of aliens in occupations involving the range
production of livestock.''.
(d) Evidence of Nonimmigrant Status.--Such section 218D is
further amended by striking subsection (f).

SEC. __4. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-
2A WORKERS.

(a) Identification Document.--Paragraph (2) of subsection
(g) of section 218E of the Immigration and Nationality Act,
as added by section 404, is amended by striking subparagraphs
(B) and (C) and inserting the following:
``(B) The document shall be machine-readable, tamper-
resistant, and shall contain a digitized photograph and other
biometric identifiers that can be authenticated.
``(C) The document shall--
``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States;
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses;
``(iii) shall, during the alien's authorized period of
admission as an H-2A nonimmigrant, serve as a valid entry
document for the purpose of applying for admission to the
United States--

``(I) instead of a passport and visa if the alien--

``(aa) is a national of a foreign territory contiguous to
the United States; and
``(bb) is applying for admission at a land border port of
entry; or

``(II) in conjunction with a valid passport, if the alien
is applying for admission at an air or sea port of entry;

``(iv) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B); and
``(v) shall be issued to the H-2A nonimmigrant by the
Secretary promptly after such alien's admission to the United
States as an H-2A nonimmigrant and reporting to the
employer's worksite under or, at the discretion of the
Secretary, may be issued by the Secretary of State at a
consulate instead of a visa.''.
(b) Special Rules.--Such section 218E is further amended by
striking subsection (i) and inserting the following:
``(i) Special Rule for Aliens Employed as Sheepherder or
Goat Herders.--Notwithstanding any other provision of this
Act, an alien admitted under section 101(a)(15)(H)(ii)(a) for
employment as a sheepherder or goat herder--
``(1) may be admitted for a period of up to 3 years;
``(2) shall be subject to readmission; and
``(3) shall not be subject to the requirements of
subsection (h)(4).''.
``(j) Special Rules for Aliens Employed as Dairy Workers.--
Notwithstanding any other provision of this Act, an alien
admitted under section 101(a)(15)(H)(ii)(a) for employment as
a dairy worker--
``(1) may be admitted for a period of up to 3 years;
``(2) may not be extended beyond 3 years;
``(3) shall not be subject to the requirements of
subsection (h)(4)(A); and
``(4) shall not after such 3 year period has expired be
readmitted to the United States as an H-2A or Y-1 worker.''.

[[Page S8469]]

SEC. __5. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

Paragraph (7) of section 218F(c) of the Immigration and
Nationality Act, as added by section 404, is amended by
striking subparagraph (C).

SEC. __6. DEFINITIONS.

(a) Seasonal.--Section 218G of the Immigration and
Nationality Act, as added by section 404, is amended by
striking paragraph (11) and inserting the following:
``(11) Seasonal.--
``(A) In general.--The term `seasonal', with respect to the
performance of labor, means that the labor--
``(i) ordinarily pertains to or is of the kind exclusively
performed at certain seasons or periods of the year; and
``(ii) because of the nature of the labor, cannot be
continuous or carried on throughout the year.
``(B) Exception.--Labor performed on a dairy farm or on a
horse farm shall be considered to be seasonal labor.''
(b) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), as amended by subsection (c) of
section 404, is further amended, by striking ``dairy farm,''
and inserting ``dairy farm or horse farm,''.

SEC. __7. ADMISSION OF AGRICULTURAL WORKERS.

(a) Limitation on Access to Information.--Subsection (d) of
section 214A of the Immigration and Nationality Act, as added
by section 622(b), is amended by striking paragraph (6), and
insert the following:
``(6) Limitation on access to information.--Files and
records collected or compiled by a qualified designated
entity for the purposes of this section are confidential and
the Secretary shall not have access to such a file or record
relating to an alien without the consent of the alien, except
as allowed by a court order issued pursuant to section
604.''.
(b) Terms of Employment.--Subsection (h)(3)(b) of such
section 214A is amended by striking clause (iv) and inserting
the following:
``(iv) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated the employment of an alien who is granted a Z-A
visa without just cause, the Secretary shall credit the alien
for the number of days of work not performed during such
period of termination for the purpose of determining if the
alien meets the qualifying employment requirement of
subsection (j)(1)(A).''.
(c) Record of Employment.--Subsection (h)(4) of such
section 214A is amended by striking subparagraph (B) and
inserting the following:
``(B) Civil penalties.--
``(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted Z-A nonimmigrant status has failed to provide the
record of employment required under subparagraph (A) or has
provided a false statement of material fact in such a record,
the employer shall be subject to a civil money penalty in an
amount not to exceed $1,000 per violation.
``(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this subsection.
``(iii) Reporting requirement.--The Secretary shall
promulgate regulations requiring an alien granted Z-A
nonimmigrant status to file a report by the conclusion of the
4-year period beginning on the date of enactment showing that
the alien is making satisfactory progress toward complying
with the requirements of subsection (j)(1)(A).''.
(d) Termination of a Grant of Z-A Visa.--Subsection (i) of
such section 214A is amended by striking paragraph (3).
(e) Adjustment to Permanent Residence.--Paragraph (1) of
subsection (j) of such section 214A is amended by striking
subparagraphs (C) and (D) and inserting the following:
``(C) Application period.--Not later than 8 years after the
date of the enactment of the AgJOBS Act of 2007, the alien
must--
``(i) apply for adjustment of status; or
``(ii) change status to Z nonimmigrant status pursuant to
section 601(l)(1)(B) of the Secure Borders, Economic
Opportunity and Immigration Reform Act of 2007, provided that
the alien also complies with the requirements for second
renewal described in section 601(k)(2) of such Act, except
for sections 601(k)(2)(B)(i) and (iii).
``(D) Fine.--The alien pays to the Secretary a fine of
$400.''.
(f) English Language.--Paragraph (6) of such subsection (j)
is amended by striking subparagraph (A) and inserting the
following:
``(A) In general.--Not later than the date on which a Z-A
nonimmigrant's status is adjusted or is renewed under section
601(l)(1)(B), a Z-A nonimmigrant who is 18 years of age or
older must pass the naturalization test described in
paragraphs (1) and (2) of section 312(a).''.
(g) Eligibility for Legal Services.--Such section 214A is
amended by striking subsection (m) and inserting the
following:
``(m) Eligibility for Legal Services.--Section 504(a)(11)
of Public Law 104-134 (110 Stat. 1321-53) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for a Z-A visa under subsection (d) or an adjustment of
status under subsection (j).''.

SEC. __8. EFFECTIVE DATE.

Subsection (a) of section 1 in the material preceding
paragraph (1) shall be deemed to read as follows:
(a) In General.--With the exception of the probationary
benefits conferred by section 601(h) of this Act, section
214A(d) of the Immigration and Nationality Act, as added by
section 622, the provisions of subtitle C of title IV, and
the admission of aliens under section 101(a)(15)(H)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)), as amended by title IV, the programs
established by title IV, and the programs established by
title VI that grant legal status to any individual or that
adjust the current status of any individual who is unlawfully
present in the United States to that of an alien lawfully
admitted for permanent residence, shall become effective on
the date that the Secretary submits a written certification
to the President and the Congress, based on analysis by and
in consultation with the Comptroller General, that each of
the following border security and other measures are
established, funded, and operational:

______

SA 1935. Mr. BINGAMAN (for himself, Mrs. Hutchison, Mrs. Boxer, and
Mr. Cornyn) submitted an amendment intended to be proposed by him to
the bill S. 1639, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--U.S. BORDER HEALTH

SEC. _01. SHORT TITLE.

This title may be cited as the ``Border Health Security Act
of 2007''.

SEC. _02. DEFINITIONS.

In this title:
(1) Border area.--The term ``border area'' has the meaning
given the term ``United States-Mexico Border Area'' in
section 8 of the United States-Mexico Border Health
Commission Act (22 U.S.C. 290n-6).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.

SEC. _03. BORDER HEALTH GRANTS.

(a) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State, public institution of
higher education, local government, tribal government,
nonprofit health organization, trauma center, or community
health center receiving assistance under section 330 of the
Public Health Service Act (42 U.S.C. 254b), that is located
in the border area.
(b) Authorization.--From funds appropriated under
subsection (f), the Secretary, acting through the United
States members of the United States-Mexico Border Health
Commission, shall award grants to eligible entities to
address priorities and recommendations to improve the health
of border area residents that are established by--
(1) the United States members of the United States-Mexico
Border Health Commission;
(2) the State border health offices; and
(3) the Secretary.
(c) Application.--An eligible entity that desires a grant
under subsection (b) shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(d) Use of Funds.--An eligible entity that receives a grant
under subsection (b) shall use the grant funds for--
(1) programs relating to--
(A) maternal and child health;
(B) primary care and preventative health;
(C) public health and public health infrastructure;
(D) health promotion;
(E) oral health;
(F) behavioral and mental health;
(G) substance abuse;
(H) health conditions that have a high prevalence in the
border area;
(I) medical and health services research;
(J) workforce training and development;
(K) community health workers or promotoras;
(L) health care infrastructure problems in the border area
(including planning and construction grants);
(M) health disparities in the border area;
(N) environmental health;
(O) health education;
(P) outreach and enrollment services with respect to
Federal programs (including programs authorized under titles
XIX and XXI of the Social Security Act (42 U.S.C. 1396 and
1397aa));
(Q) trauma care;
(R) infectious disease testing and monitoring;
(S) health research with an emphasis on infectious disease;
and
(T) cross-border health surveillance; and
(2) other programs determined appropriate by the Secretary.
(e) Supplement, Not Supplant.--Amounts provided to an
eligible entity awarded a grant under subsection (b) shall be
used to supplement and not supplant other funds available to
the eligible entity to carry out the activities described in
subsection (d).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to

[[Page S8470]]

carry out this section such sums as may be necessary for
fiscal year 2008 and each succeeding fiscal year.

SEC. _04. GRANTS FOR ALL HAZARDS PREPAREDNESS IN THE BORDER
AREA INCLUDING BIOTERRORISM AND INFECTIOUS
DISEASE.

(a) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State, local government, tribal
government, trauma centers, regional trauma center
coordinating entity, or public health entity.
(b) Authorization.--From funds appropriated under
subsection (e), the Secretary shall award grants to eligible
entities for all hazards preparedness in the border area
including bioterrorism and infectious disease.
(c) Application.--An eligible entity that desires a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(d) Uses of Funds.--An eligible entity that receives a
grant under subsection (b) shall use the grant funds to, in
coordination with State and local all hazards programs--
(1) develop and implement all hazards preparedness plans
and readiness assessments and purchase items necessary for
such plans;
(2) coordinate all hazard and emergency preparedness
planning in the region;
(3) improve infrastructure, including surge capacity
syndromic surveillance, laboratory capacity, and isolation/
decontamination capacity;
(4) create a health alert network, including risk
communication and information dissemination;
(5) educate and train clinicians, epidemiologists,
laboratories, and emergency personnel;
(6) implement electronic data systems to coordinate the
triage, transportation, and treatment of multi-casualty
incident victims;
(7) provide infectious disease testing in the border area;
and
(8) carry out such other activities identified by the
Secretary, the United States-Mexico Border Health Commission,
State and local public health offices, and border health
offices.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
fiscal year 2008 and such sums as may be necessary for each
succeeding fiscal year.

SEC. _05. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT
AMENDMENTS.

The United States-Mexico Border Health Commission Act (22
U.S.C. 290n et seq.) is amended by adding at the end the
following:

``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

``There is authorized to be appropriated to carry out this
Act $10,000,000 for fiscal year 2008 and such sums as may be
necessary for each succeeding fiscal year.''.

SEC. _06. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE.

The Secretary may coordinate with the Secretary of Homeland
Security in establishing a health alert system that--
(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the border
area; and
(2) is alerted to signs of health threats, disasters of
mass scale, or bioterrorism along the border area.

SEC. _07. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH
INSURANCE.

(a) In General.--The Secretary of Health and Human Services
shall enter into a contract with the Institute of Medicine
for the conduct of a study concerning binational health
infrastructure (including trauma and emergency care) and
health insurance efforts. In conducting such study, the
Institute shall solicit input from border health experts and
health insurance issuers.
(b) Report.--Not later than 1 year after the date on which
the Secretary of Health and Human Services enters into the
contract under subsection (a), the Institute of Medicine
shall submit to the Secretary and the appropriate committees
of Congress a report concerning the study conducted under
such contract. Such report shall include the recommendations
of the Institute on ways to expand or improve binational
health infrastructure and health insurance efforts.

SEC. _08. PROVISION OF RECOMMENDATIONS AND ADVICE TO
CONGRESS.

Section 5 of the United States-Mexico Border Health
Commission Act (22 U.S.C. 290n-3) is amended by adding at the
end the following:
``(d) Providing Advice and Recommendations to Congress.--A
member of the Commission, or an individual who is on the
staff of the Commission, may at any time provide advice or
recommendations to Congress concerning issues that are
considered by the Commission. Such advice or recommendations
may be provided whether or not a request for such is made by
a member of Congress and regardless of whether the member or
individual is authorized to provide such advice or
recommendations by the Commission or any other Federal
official.''.

______

SA 1936. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 454, strike line 3 and all that follows to line 16,
and insert the following:
``Notwithstanding any other provision of this Act,
``(3) Annual limit on the total number of Y(ii) seasonal
non-agricultural temporary workers allowed to perform labor
in the U.S. during any single year--
``(a) a Y(ii) worker that returns to the United States for
subsequent seasonal work periods, or an individual who
previously worked in the United States as a H(ii)(b) worker
that returns to the United States as a Y(ii) worker, shall
count against the annual cap of 100,000 to 200,000 Y(ii)
workers; and
``(b) the total number of Y(ii) workers present in the
United States, at any one time shall not exceed 200,000.
``(4) Annual limit on the total number of Y(i) 2-year
temporary workers allowed to perform labor in the U.S. during
any single year--
``(a) a Y(i) worker returning to the United States for a
second or third two-year work period shall be counted against
the annual cap of 200,000 Y(i) workers; and
``(b) the total number of Y(i) workers present in the
United States during any single year shall not exceed
400,000. (The number will be higher than 200,000 because, in
any given year after the first fiscal year, workers will be
present in both their first and second years of their first,
second, or third 2-year work periods).''.
______

SA 1937. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In the appropriate place at the end of section 409, insert
the following:
``Notwithstanding any other provision of this Act,
``(4) Annual limit on the total number of Y(i) 2-year
temporary workers allowed to perform labor in the U.S. during
any single year--
``(a) a Y(i) worker returning to the United States for a
second or third two-year work period shall be counted against
the annual cap of 200,000 Y(i) workers; and
``(b) the total number of Y(i) workers present in the
United States during any single year shall not exceed
400,000. (The number will be higher than 200,000 because, in
any given year after the first fiscal year, workers will be
present in both their first and second years of their first,
second, or third 2-year work periods).''.
______

SA 1938. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 454, strike line 3 and all that follows to line 16,
and insert the following:
``Notwithstanding any other provision of this Act,
``(3) Annual limit on the total number of Y(ii) seasonal
non-agricultural temporary workers allowed to perform labor
in the U.S. during any single year--
``(a) a Y(ii) worker that returns to the United States for
subsequent seasonal work periods, or an individual who
previously worked in the United States as a H(ii)(b) worker
that returns to the United States as a Y(ii) worker, shall
count against the annual cap of 100,000 to 200,000 Y(ii)
workers; and
``(b) the total number of Y(ii) workers present in the
United States, at any one time shall not exceed 200,000.''.
______

SA 1939. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 595, between lines 12 and 13, insert the following:
(s) Numerical Limitation.--Notwithstanding any other
provision of this Act, not more than 13,000,000 visas
authorized to be issued under this title may be issued to
aliens described under section 101(a)(15)(Z) of the
Immigration and Nationality Act, as added by subsection (b).
______

SA 1940. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 595, between lines 12 and 13, insert the following:
(s) Numerical Limitation.--Section 214(g) (8 U.S.C.
1184(g)), as amended by title IV, is further amended by
adding at the end the following:
``(13) Notwithstanding any provision of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007, not
more than 13,000,000 visas authorized to be issued under
title VI of such Act may be issued to aliens described under
section 101(a)(15)(Z).''.
______

SA 1941. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

[[Page S8471]]

On page 668, between lines 12 and 13, insert the following:

Subtitle D--Self-Sufficiency

SEC. 631. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by
inserting after section 213A the following:

``SEC. 213B. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

``(a) In General.--In addition to the eligibility
requirements under section 601(e) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007, an
alien applying for Z nonimmigrant status under section 601 of
such Act shall submit a signed a guarantee of self-
sufficiency in accordance with this section.
``(b) Enforceability.--
``(1) In general.--No guarantee of self-sufficiency may be
accepted by the Secretary or by any consular officer to
establish that an alien is not excludable as a public charge
under section 212(a)(4) unless such guarantee is executed as
a contract--
``(A) which is legally enforceable against the guarantor of
self-sufficiency by the alien seeking immigration benefits,
the Federal Government, and by any State (or any political
subdivision of such State) providing any means-tested public
benefits program during the 10-year period beginning on the
date on which the alien last received any such immigration
benefit;
``(B) in which the guarantor of self-sufficiency agrees to
financially support the alien to prevent the alien from
becoming a public charge; and
``(C) in which the guarantor of self-sufficiency agrees to
submit to the jurisdiction of any Federal or State court for
the purpose of actions brought under subsection (e)(2).
``(2) Scope.--A contract under paragraph (1) shall be
enforceable with respect to means-tested public benefits
(other than the benefits described in subsection (g))
provided to the alien before the alien is naturalized as a
United States citizen under chapter 2 of title III.
``(c) Forms.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Homeland
Security, in consultation with the Secretary of State and the
Secretary of Health and Human Services, shall develop a form
of guarantee of self-sufficiency that is consistent with the
provisions under this section.
``(d) Remedies.--
``(1) In general.--Remedies available to enforce a
guarantee of self-sufficiency under this section include--
``(A) any of the remedies described in section 3201, 3203,
3204, or 3205 of title 28, United States Code;
``(B) an order for specific performance and payment of
legal fees and other costs of collection; and
``(C) corresponding remedies available under State law.
``(2) Collection.--A Federal agency may seek to collect
amounts owed under this section in accordance with the
provisions of subchapter II of chapter 37 of title 31, United
States Code.
``(e) Notification of Change of Address.--
``(1) In general.--The guarantor of self-sufficiency shall
notify the Secretary and the State in which the guaranteed
alien is a resident not later than 30 days after any change
of address of the guarantor of self-sufficiency during the
period specified in subsection (b)(2).
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of--
``(A) not less than $25,000 and not more than $50,000; or
``(B) if such failure occurs with knowledge that the alien
has received any means-tested public benefit, not less than
$50,000 or more than $100,000.
``(f) Reimbursement of Government Expenses.--
``(1) Request.--
``(A) In general.--Upon notification that a guaranteed
alien has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the guarantor of
self-sufficiency equal to the amount of assistance received
by such alien.
``(B) Rulemaking.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall prescribe such regulations as may be necessary to carry
out subparagraph (A).
``(2) Civil action.--If the appropriate Federal, State, or
local agency has not received a response from the guarantor
of self-sufficiency within 45 days after requesting
reimbursement, which indicates that such guarantor is willing
to commence payments, an action may be brought against the
guarantor of self-sufficiency to enforce the terms of the
guarantee of self-sufficiency.
``(3) Failure to comply with repayment terms.--If the
guarantor of self-sufficiency fails to comply with the
repayment terms established by such agency, the agency may,
not earlier than 60 days after such failure, bring an action
against the guarantor of self-sufficiency pursuant to the
affidavit of support.
``(4) Statute of limitations.--No cause of action may be
brought under this subsection later than 50 years after the
alien last received a benefit under any means-tested public
benefits program.
``(5) Collection agencies.--If a Federal, State, or local
agency requests reimbursement under this subsection from the
guarantor of self-sufficiency in the amount of assistance
provided, or brings an action against the guarantor of self-
sufficiency pursuant to the affidavit of support, the
appropriate agency may appoint or hire an individual or other
person to act on behalf of such agency acting under the
authority of law for purposes of collecting any moneys owed.
Nothing in this subsection shall preclude any appropriate
Federal, State, or local agency from directly requesting
reimbursement from a guarantor of self-sufficiency for the
amount of assistance provided, or from bringing an action
against a guarantor of self-sufficiency pursuant to an
affidavit of support.
``(g) Benefits Not Subject to Reimbursement.--A guarantor
shall not be liable under this section for the reimbursement
of any of the following benefits provided to a guaranteed
alien:
``(1) Emergency medical services under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
``(2) Short-term, non-cash, in-kind emergency disaster
relief.
``(3) Assistance or benefits under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(4) Assistance or benefits under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
``(5) Public health assistance for immunizations with
respect to immunizable diseases and for testing and treatment
of symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
``(6) Payments for foster care and adoption assistance
under part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.) for a child, but only if the foster or
adoptive parent or parents of such child are not otherwise
ineligible pursuant to section 4403 of this Act.
``(7) Programs, services, or assistance (including soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General`s sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which--'
``(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
``(B) do not condition the provision of assistance, the
amount of assistance provided, or the cost of assistance
provided on the individual recipient's income or resources;
and
``(C) are necessary for the protection of life or safety.
``(8) Programs of student assistance under titles IV, V,
IX, and X of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.).
``(9) Benefits under the Head Start Act (42 U.S.C. 9831 et
seq.).
``(10) Means-tested programs under the Elementary and
Secondary Education Act of 1965 (Public Law 89-10).
``(11) Benefits under the Job Training Partnership Act
(Public Law 97-300).
``(h) Definitions.--In this section:
``(1) Guarantor of self-sufficiency.--The term `guarantor'
means an individual who--
``(A) seeks a benefit under title IV or VI of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007, or under any amendment made under either such title;
``(B) is at least 18 years of age; and
``(C) is domiciled in any of the 50 States or in the
District of Columbia.
``(2) Means-tested public benefits program.--The term
`means-tested public benefits program' means a program of
public benefits (including cash, medical, housing, food
assistance, and social services) administered by the Federal
Government, a State, or a political subdivision of a State in
which the eligibility of an individual, household, or family
eligibility unit for benefits under the program or the amount
of such benefits is determined on the basis of income,
resources, or financial need of the individual, household, or
unit.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 213A
the following:

``Sec. 213B. Requirement for guarantee of self-sufficiency.''.
______

SA 1942. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Beginning on page 311, strike line 17 and all that follows
through page 315, line 14, and insert the following:
``(f) Grounds of Inadmissibility.--
``(1) Waived grounds of inadmissibility.--In determining an
alien's admissibility as a Y nonimmigrant, such alien shall
be found to be inadmissible if the alien would be subject to
the grounds of inadmissibility under section 601(d)(2) of the
Secure Borders, Economic Opportunity, and Immigration Reform
Act of 2007.
``(2) Waiver.--The Secretary may in the Secretary's
discretion waive the application of any provision of section
212(a) not listed in paragraph (2) of such section on behalf
of an individual alien for humanitarian purposes, to ensure
family unity, or if such waiver is otherwise in the public
interest.
``(3) Construction.--Nothing in this subsection shall be
construed as affecting the

[[Page S8472]]

authority of the Secretary other than under this paragraph to
waive the provisions of section 212(a).
``(g) Background Checks.--The Secretary of Homeland
Security shall not admit, and the Secretary of State shall
not issue a visa to, an alien seeking a Y nonimmigrant visa
or Y nonimmigrant status unless all appropriate background
checks have been completed to the satisfaction of the
Secretary of State and the Secretary of Homeland Security.
``(h) Grounds of Ineligibility.--
``(1) In general.--An alien is ineligible for a Y
nonimmigrant visa or Y nonimmigrant status if the alien is
described in section 601(d)(1)(A), (D), (E), (F), or (G) of
the Secure Borders, Economic Opportunity, and Immigration
Reform Act of 2007.
``(2) Ineligibility of derivative y-3 nonimmigrants.--An
alien is ineligible for Y-3 nonimmigrant status if the
principal Y nonimmigrant is ineligible under paragraph (1).
``(3) Applicability to grounds of inadmissibility.--Nothing
in this subsection shall be construed to limit the
applicability of any ground of inadmissibility under section
212.
``(i) Period of Authorized Admission.--
``(1) In general.--Aliens admitted to the United States as
Y nonimmigrants shall be granted the following periods of
admission:
``(A) Y-1 nonimmigrants.--Except as provided in paragraph
(2), aliens granted admission as Y-1 nonimmigrants shall be
granted an authorized period of admission of 2 years. Subject
to paragraph (4), such 2-year period of admission may be
extended for an indefinite number of subsequent 2-year
periods if the alien remains outside the United States for
the 12-month period immediately prior to each 2-year period
of admission.
``(B) Y-2b nonimmigrants.--Aliens granted admission as Y-2B
nonimmigrants shall be granted an authorized period of
admission of 10 months.
``(2) Family members.--A Y-1 nonimmigrant--
``(A) may not be accompanied by the nonimmigrant's spouse
or other dependants while in the United States under Y-1
nonimmigrant status; and
``(B) may not sponsor a family member to enter the United
States through a `parent visitor visa' authorized under
section 214(s).
______

SA 1943. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 137, on line 25, strike ``.'' and insert the
following:
`; or
`(D) knowingly violates for a period of 90 days or more the
terms or conditions of the alien's admission or parole into
the United States.''
______

SA 1944. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 663, line 7, strike ``not''.
______

SA 1945. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. ____. 5-YEAR LIMITATION ON CLAIMING EARNED INCOME TAX
CREDIT.

Section 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) is
amended by inserting ``, including the tax credit provided
under section 32 of the Internal Revenue Code (relating to
earned income),'' after ``means-tested public benefit''.
______

SA 1946. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 118, between lines 8 and 9, insert the following:

SEC. 203A. TERRORIST BARS.

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

SEC. 203B. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT
BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

(a) Authority.--Law enforcement personnel of a State, or a
political subdivision of a State, have the inherent authority
of a sovereign entity to investigate, apprehend, arrest,
detain, or transfer to Federal custody (including the
transportation across State lines to detention centers) an
alien for the purpose of assisting in the enforcement of the
immigration laws of the United States in the normal course of
carrying out the law enforcement duties of such personnel.
This State authority has never been displaced or preempted by
Federal law.
(b) Construction.--Nothing in this section may be construed
to require law enforcement personnel of a State or a
political subdivision to assist in the enforcement of the
immigration laws of the United States.

[[Page S8473]]

SEC. 203C. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

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

SA 1947. Mr. SALAZAR (for Mr. Dodd) proposed an amendment to the bill
S. 1612, to amend the penalty provisions in the International Emergency
Economic Powers Act, and for other purposes; as follows:

Strike subsection (b), and insert the following:
(b) Effective Date.--
(1) Civil penalties.--Section 206(b) of the International
Emergency Economic Powers Act, as amended by subsection (a),
shall apply to violations described in section 206(a) of such
Act with respect to which enforcement action is pending or
commenced on or after the date of the enactment of this Act.
(2) Criminal penalties.--Section 206(c) of the
International Emergency Economic Powers Act, as amended by
subsection (a), shall apply to violations described in
section 206(a) of such Act with respect to which enforcement
action is commenced on or after the date of the enactment of
this Act.

____________________