S.Amdt. 1957Senate110th Congress (2007-2009)2nd degree
To change the enactment date.
Sponsored by 
Sen. Dianne Feinstein (D-CA)
Sen. Dianne Feinstein (D-CA)Submitted June 27, 2007
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Senate amendment submitted
June 27, 2007
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Senate amendment submitted
June 27, 2007
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Senate amendment proposed (on the floor): Amendment SA 1957 proposed by Senator Feinstein to Amendment SA 1934 (Division I).(consideration: CR S8570-8571; text: CR S8570)
June 27, 2007
Floor
Amendment SA 1957 proposed by Senator Feinstein to Amendment SA 1934 (Division I). (consideration: CR S8570-8571; text: CR S8570) To change the enactment date.
June 27, 2007
Floor
SA 1957 fell when SA 1934 (Division I) was tabled.
June 27, 2007
Text
Proposed
COMPREHENSIVE IMMIGRATION REFORM ACT--Continued
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DeMINT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
Mrs. FEINSTEIN. Objection.
Mr. DeMINT. Parliamentary inquiry.
The PRESIDING OFFICER. A parliamentary inquiry is not in order during
a quorum call.
Mr. VITTER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Objection.
The PRESIDING OFFICER. Objection is heard.
The clerk will continue with the call of the roll.
The legislative clerk continued with the call of the roll.
Mr. VITTER. Mr. President, I renew my unanimous consent request that
the order for the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Objection.
The PRESIDING OFFICER. Objection is heard.
The clerk will continue with the call of the roll.
The legislative clerk continued with the call of the roll.
Mr. SESSIONS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Objection.
The PRESIDING OFFICER. Objection is heard.
The clerk will continue with the call of the roll.
The legislative clerk continued with the call of the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Mr. VITTER. Reserving my right to object.
Mr. REID. Mr. President, he can either object or not object.
Mr. VITTER. I object.
The PRESIDING OFFICER. Objection is heard.
The clerk will continue with the call of the roll.
The legislative clerk continued with the call of the roll.
Mr. VITTER. Mr. President, I remove my objection.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Hearing no objection, it is so ordered.
Mr. REID. Mr. President, it is my understanding the distinguished
Senator from South Carolina thought they had 5 minutes left; is that
right?
I would ask unanimous consent that he be allowed to speak, and this
would be for debate only. Following the using of 7 minutes, I will take
the floor.
The PRESIDING OFFICER. Is there objection?
The Chair hears none, and it is so ordered.
Mr. DeMINT. Mr. President, I would like to yield my time to other
Senators. I will give 1 minute to Senator Vitter and 4 minutes to
Senator Sessions.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Louisiana is recognized for 1 minute.
Mr. VITTER. Mr. President, with the majority leader on the floor, I
want to use my brief minute to follow up on my inquiries and
frustrations.
Very soon, we are going to be presented with a brandnew version of
this mega-amendment, 400 pages or whatever it is. I would like to be
allowed some reasonable opportunity to independently study that mega-
amendment without having to depend on other people's summaries, and it
is for that reason I made the unanimous consent request that we be in
morning business for 5 hours once that brandnew mega-amendment is
presented.
With that explanation and background, given that the distinguished
majority leader recognized that right of ours yesterday, when we were
allowed to read the old version of the amendment, I would like to make
that unanimous consent request.
The PRESIDING OFFICER. The Senator has used his 1 minute.
Mr. REID. Mr. President, I object. I will use my own time in response
to him.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. So as not to use the time of the Senator from South
Carolina, Mr. President, there have been a few changes made, but they
are very minor. As I indicated to my friend, this is not a new mega-
amendment. This is the same amendment which was laid down last night,
and people on both sides have had ample opportunity to read this. As I
indicated, we would be happy to talk with him and/or his staff, with
individual Senators and/or their staff to indicate where the changes
have been made and what the purposes of those were. If that is not
sufficient, I don't know how I can be more fair than that.
So I will now turn it over----
Mr. VITTER. Mr. President, I ask unanimous consent for an additional
30 seconds.
The PRESIDING OFFICER. Is there objection?
Mr. REID. No, but I just want to make sure it is still under the same
time agreement we had before. We add 30 seconds to the time we had
given.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. VITTER. I would suggest, through the Chair to the distinguished
[[Page S8533]]
majority leader, that I have a real problem with depending on basically
the other side's summary of these changes which are being made as we
speak. So I would propound a new unanimous consent request, that if we
have to do that, if that summary is lacking or inaccurate in any way,
that all subsequent votes and actions of the Senate which are agreed to
have no effect because we have depended on the other side's information
and it could turn out to have been incomplete or inaccurate.
Mr. REID. Mr. President, again using my time, I object to this, but
let me just say that it wasn't a hard piece of reasoning to come up
with to object to this.
The reason we are going through this process here is people--mostly
on the other side of the aisle because we on this side are satisfied
with the bill the way it was written, but mostly on the other side of
the aisle and some Democrats--said, OK, if you are going to do this, we
will do that. We are doing this to make people happy, so they have an
opportunity to talk about this bill some more. This is a process.
I have really tried to be fair. I have not tried to take advantage of
anyone. I have tried to be as candid with people who support the bill
as those who oppose the bill, not trying to take advantage of them. The
process here in the Senate wasn't invented yesterday; it has been going
on for 220 years. I am working my way through the rules, making sure we
follow every jot and tittle in these complicated rules, but they are
not that complicated. We simply want to work on an issue that is
important to the American people--immigration.
I acknowledge, as has my friend, that the system of immigration in
our country is broken. We need to try to fix it, and this is our way of
trying to fix it. Perfect? No. Good? Yes. The American people deserve
our attention to this problem we have in our country. We have people of
good will, Democrats and Republicans, who are trying to do this.
We have this occasion, for once in recent memory, where we are
working with the President on this side trying to get this done. I have
said publicly that I appreciate the President's advocacy on this issue.
If we are able to pass this bill, and I hope we can, it will be a shot
in the arm for the system, the political system which has been so
generous to our country for so many years, and I think people will look
and say: You know, those people in Washington who are always yelling
and screaming at each other were able to get something done.
The American people know that whatever we come up with here is not
going to solve every problem with immigration, but they also know it
will solve many of the problems. The No. 1 problem it is going to solve
that the American people want solved is border security. This amendment
has $4.4 billion which will go directly to that border.
I am, by profession, a trial lawyer, and I know people have the
ability to be advocates, as my friend from Louisiana who is speaking--
and I see on the floor today my friend from Alabama, whom I have told
publicly and privately that I appreciate his advocacy. But my friend
from Alabama is a lawyer, just as I am, and we should do everything we
can to present our case. Then, when the case is over, we walk out of
this shaking hands, as advocates, as Senators, and as friends. So I
have no resentment or ill-will toward anyone who is trying to move this
legislation in a way different than I am, but I think the time has come
where we have to fish or cut bait, as they say.
I know we still have some speaking time--5 minutes has been
allocated.
The PRESIDING OFFICER. Under the previous order, the Senator from
Alabama is recognized for 4 minutes.
Mr. SESSIONS. Mr. President, I know Senator Reid has assured people
of what is in the bill, but he hasn't read what is in this amendment--
neither has any Senator in this body, I suggest. Only a few staffers
have, and there have been tremendous errors made already in the
previous amendment they offered. And just to say there have been
nothing but minor changes is not something I think Senators ought to
rely on.
My good friend, Senator Reid, has always been courteous to me, but we
disagree on this issue. He said he wants to make people happy. How
about making the American people happy? They oppose this bill
overwhelmingly, and yet the leadership here continues to use every
parliamentary tactic that we have ever used, and new tactics never
before used, to limit debate and move this bill to final passage. I
object to that.
I think about our former colleagues, Senator Paul Wellstone and
Senator Helms. I wonder how they would feel if it was said: Well, this
is unprecedented, we are going to eliminate debate, but I have talked
to the leader on the other side, and we two leaders have just decided,
since it is bipartisan, we will do that.
Make no mistake about what is being done here, Mr. President. There
is no dispute whatsoever. Amendments will not be allowed to be voted on
that the majority leader does not personally sign off on. The power to
control this process is in the majority leader's hands, and he has met
with a group of people who are interested in this legislation and they
have agreed to control this process. It has never been done like this
before in the history of the Senate to eliminate these amendments. It
is not right.
My colleagues, I urge you to understand this is an unprecedented
step. It is a step by which the leadership is creating a new tactic
that will eliminate the power, the ability of individual Senators to
offer amendments and engage in debate.
This is a body of 100. Yes, we have leaders. They have significant
authority and we understand that. But that is a limited power and we
have always celebrated the great potential of this body that any one
Senator can raise an objection, any one Senator can have an amendment
voted on.
I tried to offer amendments when the bill was up before. Time and
time again they were objected to. Other Senators objected. Why? Because
they were able to object to making those amendments pending. Then, when
cloture is filed, they are not able to be voted on because they have
never been made pending, although they were filed.
This is not a small matter. I do not think our colleagues understand.
I see Senator Specter here. He will stand by himself on an issue in
which he believes. There are other Senators here who share those same
independent views. We do not need to go down this path. I think it is a
big mistake.
I would say this: The majority leader said the people want one thing,
they want border security. What do we know about this legislation? It
does not give us border security. The Congressional Budget Office, our
own analysis team, has looked at this bill and concluded in the next 20
years we will have another 8.7 million people in our country illegally.
It will only reduce illegal immigration by 13 percent. That is what our
own staff, under the majority leader's control, has told us.
The PRESIDING OFFICER. Two minutes remain to the Senator from South
Carolina.
Mr. DeMINT. I yield the final 2 minutes to Senator Sessions.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. I think that is the fundamental thing. I am
flabbergasted and amazed our leaders keep telling us this bill is
essential to have security. You have to have this amnesty. You have to
give up and we will have amnesty. In exchange for that, we will have a
legal system that will work in the future.
But it will not work. That is what they said in 1986. Senator
Grassley noted on the floor, people in this body do not even say there
will not be another amnesty anymore, as they did in 1986, because they
know this bill will not create a legal system. There will be 8.7
million more people in our country illegally and the same group will be
here, asking for amnesty again. It is a failed system.
Let me add one thing. One thing I have learned in this debate, we can
make this immigration system lawful and we can make it work. We ought
not to be having a 13-percent reduction in illegality, as the
Congressional Budget Office says. We can get to 90, 95 percent
reduction of illegality. We can create a system of immigration that
serves our national interests. It is within our power to do so. This
bill will not do it. We must not go forward with it because it will not
work.
[[Page S8534]]
I yield the floor and reserve the remainder of the time.
The PRESIDING OFFICER. The majority leader is recognized.
Amendment No. 1934, as Modified
Mr. REID. Mr. President, I modify my amendment with the changes now
at the desk.
The PRESIDING OFFICER. The Senator has that right.
Mr. REID. Mr. President, the amendment is so modified, I understand.
I now ask the amendment be divided as indicated at the desk.
The PRESIDING OFFICER. The Senator has that right and the amendment
is divided.
The amendment, as modified and divided, is as follows:
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--
``(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
[[Page S8535]]
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:
(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) or the requirements in Section
_ 31, as applicable, 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
[[Page S8536]]
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 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.
[[Page S8537]]
(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 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
[[Page S8538]]
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 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
[[Page S8539]]
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 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
[[Page S8540]]
(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.
(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) The first $4,400,000,000 of such penalties shall be
deposited into the general fund of the Treasury as repayment
of funds transferred into the Immigration Security Account
under section 286(z)(1) of the Immigration and Nationality
Act.
(b) Penalties in excess of $4,400,000,000 shall be
deposited and remain available as otherwise provided under
this Act.
(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
[[Page S8541]]
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
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).
[[Page S8542]]
``(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).
``(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 dependent 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
[[Page S8543]]
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 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)
[[Page S8544]]
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--
``(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.
``(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
[[Page S8545]]
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 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 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
[[Page S8546]]
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
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 15
or daughter 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.
[[Page S8547]]
``(B) Exception.--Until the date that an employer is
required to participate in the Electronic Employment
Verification System under subsection (d) or is participating
in such System on a voluntary basis, the employer may
establish an affirmative defense under subparagraph (A) by
complying with the requirements of subsection (c).
``(b) Order of Internal Review and Certification of
Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is authorized, at
any time, to require that the employer certify that the
employer is in compliance with this section, or has
instituted a program to come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the employer shall certify
under penalty of perjury that--
``(A) the employer is in compliance with the requirements
of subsections (c) and (d); or
``(B) that the employer has instituted a program to come
into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good
cause, at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for
certification under paragraph (1) and for specific
recordkeeping practices with respect to such certification,
and procedures for the audit of any records related to such
certification.
``(c) Document Verification Requirements.--An employer
hiring, or recruiting or referring for a fee, an individual
for employment in the United States, shall verify that the
individual is eligible for such employment by meeting the
following requirements:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall attest, under penalty
of perjury and on a form prescribed by the Secretary, that
the employer has verified the identity and eligibility for
employment of the individual by examining a document
described in subparagraph (B).
``(ii) Signature requirements.--An attestation required by
clause (i) may be manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--The employer has
complied with the requirement of this paragraph with respect
to examination of documentation if a reasonable person would
conclude that the document examined is genuine and relates to
the individual whose identity and eligibility for employment
in the United States is being verified. If the individual
provides a document sufficient to meet the requirements of
this paragraph, nothing in this paragraph shall be construed
as requiring an employer to solicit any other document or as
requiring the individual to produce any other document.
``(B) Identification documents.--A document described in
this subparagraph is--
``(i) in the case of an individual who is a national of the
United States--
``(I) a United States passport, or 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
[[Page S8548]]
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
``(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.
[[Page S8549]]
``(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.
``(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
[[Page S8550]]
United States for an order requiring compliance with such
subpoena, and any failure to obey such order may be punished
by such court as contempt.
``(C) Department of labor.--The Secretary of Labor shall
have the investigative authority provided under section 11(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to
ensure compliance with the provisions of this section.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has reasonable
cause to believe that there has been a violation of a
requirement of this section and determines that further
proceedings related to such violation are warranted, the
Secretary shall issue to the employer concerned a written
notice of the Secretary's intention to issue a claim for a
fine or other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) specify the amount of fines or other penalties to
be imposed;
``(iv) disclose the material facts which establish the
alleged violation; and
``(v) inform such employer that the employer shall have a
reasonable opportunity to make representations as to why a
claim for a monetary or other penalty should not be imposed.
``(B) Remission or mitigation of penalties.--
``(i) Review by secretary.--If the Secretary determines
that such fine or other penalty was incurred erroneously, or
determines the existence of such mitigating circumstances as
to justify the remission or mitigation of such fine or
penalty, the Secretary may remit or mitigate such fine or
other penalty on the terms and conditions as the Secretary
determines are reasonable and just, or order termination of
any proceedings related to the notice. 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
[[Page S8551]]
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 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))--
[[Page S8552]]
``(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 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;
[[Page S8553]]
``(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'';
(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:
[[Page S8554]]
``(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.
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
[[Page S8555]]
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--
(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 or the Secretary determines a
waiver is necessary for humanitarian purposes.''.
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
[[Page S8556]]
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 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
[[Page S8557]]
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, 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
be considered authorized 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.--
[[Page S8558]]
(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 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: ``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. If the wage determination is not
issued within 14 days of the request, the employer shall
determine the prevailing wage pursuant to section
212(n)(1)(A)(i) and submit this determination to the
Secretary. This determination shall be treated as an
attestation pursuant to section 212(n)(1).''.
(2) Labor condition applications.--
(A) Section 212(n)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(1)(A)) is amended--
(i) in clause (1), by striking ``and'' at the end;
(ii) by redesignating clause (ii) as clause (iv); and
(iii) 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) is not as its primary business using the
nonimmigrant for purposes of entering into a job shop
arrangement where the employer outplaces the nonimmigrant to
a second employer and receives compensation for the labor
service provided, nor as its primary business entering into a
virtual job shop arrangement with a second employer, where
the nonimmigrant performs work outsourced from the second
employer to the first employer, and the first employer
receives compensation for the labor provided; and''.
(B) Section 212(n) of such Act, as amended by this Act is
further amended by adding at the end the following:
``(I) No later than six months after enactment, the
Secretary of Labor shall promulgate rules, after notice and a
period for comment, to implement Section 212(n)(1)(A)(iii)
regarding job shop arrangements and virtual job shop
arrangements.''.
(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) Audits.--Section 212(n)(2)(A) of such Act, as amended
by section 421, is further amended by adding at the end the
following: ``During the first calendar year in which an
employer pays more than 30 percent of the employer's H-1B
nonimmigrant employees wages equivalent to the lowest wage
level under section 212(p)(4), the Secretary shall conduct a
compliance audit of the employer.''.
(5) 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:
[[Page S8559]]
``(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.
``(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) for a cumulative period of time
greater than one year 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.
(3) Regulations.--The Secretary shall promulgate rules,
after notice and a period for comment, to implement the
requirements of this subsection. In promulgating these rules,
the Secretary shall take into consideration any special
circumstances relating to intra- company transfers.
(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) for a cumulative period of
time greater than one year 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.
(h) Prohibition on Job Shops.--
(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:
``(N)(i) An employer who imports an alien as a nonimmigrant
described in section 101(a)(15)(L) shall not as its primary
business use the nonimmigrant for purposes of entering into a
job shop arrangement where the employer outplaces the
nonimmigrant to a second employer and receives compensation
for the labor service provided, nor as its primary business
entering into a virtual job shop arrangement with a second
employer, where the nonimmigrant performs work outsourced
from the second employer to the first employer, and the first
employer receives compensation for the labor services
provided.
``(ii) No later than six months after enactment, the
Secretary of Labor shall promulgate rules, after notice and a
period for comment, to implement this subparagraph.''
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) 115,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous
[[Page S8560]]
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) for
aliens under section 101(a)(15)(H)(i)(b) who are counted
under subsection (g)(1)(A) 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 is
fully eliminated.
(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:
``(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
[[Page S8561]]
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 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.
[[Page S8562]]
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.''.
(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
[[Page S8563]]
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 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'';
[[Page S8564]]
(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
additional 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.
(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
[[Page S8565]]
(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.--
(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
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
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
[[Page S8566]]
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. __. 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. __. 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. __. 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).
[[Page S8567]]
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 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. __. 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
[[Page S8568]]
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--
(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.
[[Page S8569]]
(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.''.
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
[[Page S8570]]
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:
Mr. VITTER. I ask for the yeas and nays.
The PRESIDING OFFICER. The Senator from California.
Amendment No. 1957 to Division I of Amendment No. 1934, as Modified
Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk to
division I.
The PRESIDING OFFICER. The clerk will report the amendment.
Mr. VITTER. I ask for the yeas and nays.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from California [Mrs. Feinstein] proposes an
amendment numbered 1957 to division I to amendment No. 1934,
as modified.
Mr. REID. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the amendment add the following:
This section shall take effect one day after the date of
enactment.
Mrs. HUTCHISON. Parliamentary inquiry.
Mr. REID. Let me say, very briefly----
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. I don't want it to go unanswered. This bill, as I mentioned
earlier today, is different than what we did before--$4.4 billion goes
to the border for security. It is totally different than the last bill.
Remember, we are at this point because we only got seven Republican
votes in the prior vote. Now we have worked together. I was told there
were a lot of people on the Republican side, if they had the
opportunity to have more amendments, would vote with us. I am confident
that will happen. This has worked out extremely well.
I would say, our work on comprehensive immigration reform has been
pretty significant. Due to the man to my right, and Senator Leahy, who
is not here, and Senator Kennedy, we have had 36 hearings on
immigration since 9/11. That is a lot of hearings. We have had 6 full
days of committee action. We have had 59 committee amendments. We have
had 21 days of Senate debate since 2006--21 days, not hours. We have
had 92 floor amendments. We have worked this thing hard. This is a bill
people should fully understand.
Mr. President, it is my understanding there is now a unanimous
consent in effect that there will be 10 minutes of debate on the first
amendment, is that true, equally divided?
The PRESIDING OFFICER. The Senator from California is not presently
under a time limit. However, the Senator from Texas is guaranteed 5
minutes.
Mr. REID. And the Senator from California also 5 minutes?
Mrs. FEINSTEIN. I ask I be granted 5 minutes, following the Senator
from Texas, to speak on the amendment.
The PRESIDING OFFICER. The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I object because the agreement was
that Senator Feinstein would speak before me, after which I would have
5 minutes to respond. She would have 5 minutes, I would have 5 minutes
to respond.
The PRESIDING OFFICER. Is there objection to that arrangement?
Mr. DeMINT. Reserving the right to object, is it my understanding we
will be in morning business or on the amendment?
The PRESIDING OFFICER. We are currently on the measure.
Mr. DeMINT. I ask I be included in the time.
Mr. REID. How much time does the Senator require?
Mr. DeMINT. Five minutes.
Mr. REID. We have no objection.
The PRESIDING OFFICER. Is there objection?
Mr. VITTER. Mr. President, I ask for 5 minutes under the same time
agreement.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. And for any purposes.
Mrs. BOXER. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. FEINSTEIN. Mr. President, shall I proceed?
The PRESIDING OFFICER. The Senator from California is recognized.
Mrs. FEINSTEIN. Mr. President, I worked with the Senator from Texas,
now, 10 years up close. I do not like to oppose her amendment, but in
this case I believe I must. This is an issue we debated in many
conversations during the process of drafting this legislation.
I was opposed to the touchback idea and I am skeptical about it now.
However, in the spirit of compromise, we went forward with the
touchback that we have in the base bill, specifically in title VI. We
included some important safeguards to make sure it is workable.
This amendment from the distinguished Senator from Texas actually
does away with this by creating a touchback requirement before people
get their full Z visa. What immigrant is going to show up and register
for a program if he has to take his chances on leaving the country and
coming back in before he gets some kind of immigration status? What
immigrant is going to report to deport?
I wager that many, if not most, will simply stay underground and try
to keep their heads down for as long as possible. They have built lives
here, they have families, they own homes, and they have jobs they want
to keep. Very few undocumented immigrants are going to show up for a
program that offers no certainty they will actually be able to legalize
their status.
What this amendment does is essentially front load the requirement
that makes the program unworkable from both an agency and an applicant
perspective. Requiring consular officers to steal themselves for a
flood of applications, 8 to 10 years down the line, is one thing.
Requiring them to gear up for adjudication of this in-person
application in the next 2 years following registration is a very
different story.
I hope the body will defeat the amendment. Those of us--Senator Craig
and I and others--who have worked on the AgJOBS program believe that
the agriculture jobs program is the way to go. It is negotiated by
farmers, by unions, by growers, and it has a specific requirement.
I know the Senator does not touch this specific requirement, but the
main problem with the amendment is requiring this touchback so soon,
before people have acquired any kind of legal status. They register and
then in 2 years, they would have to go and perform this touchback.
We believe it strikes at the heart of the bill and urge a ``no''
vote.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I, like my colleague from California,
do not remember being on opposite sides on an issue such as this
before. But she has brought up a key point that I think it is important
for us to address. She says, What immigrant is going to report to
deport? What she is asking is, what is the incentive of an illegal
immigrant to come forward and say they are illegal and they want to get
right with the process to become legal? That is a very important
question that many people in our country have asked. Who is going to do
that?
Here is the incentive. First, the secure ID that is provided in the
amendment allows exit and reentry. It is a tamperproof ID already, and
it does allow the exit to finalize the Z, or Z-A status, and it allows
the reentry.
The secure card is issued first. It is temporary until it is
finalized because
[[Page S8571]]
the final point that is required is that you return home to apply. That
is the standardization we must achieve if we are going to avoid the
amnesty that would say: Our laws mean nothing. If you come here
illegally, eventually you will be able to be regularized without ever
going home.
We want to change that whole impression that anyone might have by
saying we are going to start today with a process that will apply to
every work-eligible adult, and that is you get your secure ID and you
have 1 year to do it. Then you must finalize the process outside the
country, as everyone will have to, going into the future.
The question is still there: So why wouldn't they stay here and be
illegal? Why wouldn't they keep their families and their homes? Here is
why. Because when the 3 years is up and the trigger is pulled, because
the border security measures have gone into effect--you have the 1 year
for people to come forward, say they are illegal, after which they will
get their tamperproof card and they must have the ``go home'' provision
then stamped outside the country and they have 2 years to do it. You
have 3 years there.
After that 3 years, there is going to be an employer verification
system that is going to work. So these people will not be able to go
back to their jobs if they have not completed the process. That is the
incentive. That is why they will report. That is why they will become
legal in the system, because with the employer verification that is a
key part of this bill, they will have to have that tamperproof ID
stamped that they have been home to apply from outside the country
before they come back in and become regularized and are job eligible.
This is going to be the key. The employer verification system will
assure that they will not get jobs in this country without that visa
that is tamperproof and shows they have been home to do it. It can be
done because there is a 3-year period and there will be a constant
process to get the people who are illegal working. They will be able to
go to the American consulate in their home country. The Secretary can
allow exceptions to that for farm workers, if they cannot go home to a
faraway place.
This is the amendment that will take the amnesty out of this bill and
say: Today's standards will be enforced and they will be enforced
tomorrow. With this amendment, we can take the amnesty out of this bill
and we will have an employer verification system that will assure the
incentive is there for people to come forward and know that the law
will be enforced.
If we do this, you will not be able to hear people say: There is
amnesty in this bill. If my amendment is not passed, then the amnesty
tag that has been put on this bill will remain. It is the key issue in
the bill for the American people. It is the key issue for the
regularization of the 12 million people who are here, and then we will
have a guest worker program for new people coming in in the future that
will also work with the border security that is established in this
bill.
In my opinion, my amendment will make this bill a fully operational
bill, because we will then have border security, a tamperproof ID, we
will deal with the 12 million, without amnesty but with a
regularization process, and it will strengthen the bill for the
American people.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Mr. President, because of the various activities here on
the floor, the Senator from South Carolina and the Senator from
Louisiana did not have an opportunity to speak on this amendment. I
would be happy to propound a unanimous consent request that they both
be allowed to speak for up to 5 minutes each for debate only.
Mr. DeMINT. Reserving the right to object.
Mr. REID. Either object or don't object.
The PRESIDING OFFICER. Is there objection?
Mr. DeMINT. Parliamentary inquiry: Do I not have the right to reserve
the right to object? How many rules are we going to change?
The PRESIDING OFFICER. The reservation of objection occurs only with
the suffrage of the Senate. There is no right to reserve the right to
object.
Mr. DeMINT. There are not many rights. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Mr. President, I move to table the amendment and ask for
the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion. The clerk will call the
roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from South Dakota (Mr.
Johnson) is necessarily absent.
Mr. LOTT. The following Senator is necessarily absent: the Senator
from Arizona (Mr. McCain).
The PRESIDING OFFICER (Mr. Durbin). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 53, nays 45, as follows:
[Rollcall Vote No. 229 Leg.]
YEAS--53
Akaka
Bayh
Biden
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Conrad
Craig
Dodd
Durbin
Feingold
Feinstein
Graham
Hagel
Harkin
Inouye
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
Menendez
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Salazar
Sanders
Schumer
Specter
Stabenow
Warner
Webb
Whitehouse
Wyden
NAYS--45
Alexander
Allard
Barrasso
Baucus
Bennett
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cochran
Coleman
Collins
Corker
Cornyn
Crapo
DeMint
Dole
Domenici
Dorgan
Ensign
Enzi
Grassley
Gregg
Hatch
Hutchison
Inhofe
Isakson
Lott
McCaskill
McConnell
Murkowski
Roberts
Rockefeller
Sessions
Shelby
Smith
Snowe
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
NOT VOTING--2
Johnson
McCain
The motion was agreed to.
amendment No. 1958 to division II of amendment No. 1934, as Modified
Mr. SPECTER. Mr. President, I sent a second-degree amendment to the
desk.
The PRESIDING OFFICER. The Clerk will report the amendment.
The legislative Clerk read as follows:
The Senator from Pennsylvania [Mr. Specter] proposes an
amendment numbered 1958 to division II of amendment No. 1934,
as modified.
Mr. REID. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the amendment add the following:
This section shall take effect one day after the date of
enactment.
Mr. REID. Mr. President, we are now on division II, which is the
amendment offered by Senator Webb, as I understand it.
Mr. President, I would like to have everyone have the opportunity to
debate this amendment to their heart's content. What I would like to do
is ask that we have an hour of time on this admendment equally divided
between the proponents and opponents of this admendment, and the
debate, of course, would be on this amendment. So I ask unanimous
consent that there be an hour of debate on this amendment. As I have
indicated, Mr. President, it would be for debate only on this
amendment. And I ask that because it is his amendment Senator Webb,
even though he has had an opportunity earlier to speak, would be
allowed to speak for up to 10 minutes to start this debate of the 1
hour that I have proposed. So I ask unanimous consent that the Senate
proceed to debate this amendment--it will be for debate only--that of
the half hour on the majority side, 10 minutes of that be for Senator
Webb.
The PRESIDING OFFICER. Is there objection?
Mr. VITTER. Mr. President, reserving my right to object, I would like
to ask that my full rights as a Senator be protected with a unanimous
consent request also.
[[Page S8572]]
Mr. REID. Mr. President, is there an objection to my request?
The PRESIDING OFFICER. Regular order is demanded.
Is there objection to the Senator's request?
Mr. VITTER. There is objection. I would like to propose an
alternative unanimous consent request.
The PRESIDING OFFICER. Objection is heard.
The Senator from Nevada.
Mr. REID. Mr. President, if the present proposal is inadequate, I
would be happy to yield for 1 minute to my friend from Louisiana, and I
will get the floor when he completes his statement.
Mr. VITTER. I thank the Majority Leader.
As the majority leader knows, several of us have been continually
frustrated about our ability to exercise our rights on the floor of the
Senate as duly elected officials. All of our amendments have been shut
out. We have not had the opportunity to read this new mega-amendment.
The last vote occurred with one copy of that division being at the
desk, no copies being on the floor of the Senate.
I would like to protect my rights as an individual Senator and,
therefore, I would like to propose a modified UC request incorporating
the Senator's suggestions, but offering me 5 minutes within that 1-hour
period for any purpose whatsoever.
Mr. REID. Mr. President, I appreciate the good faith of my friend,
but we cannot do that. I cannot do that. I would have to object to
that.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. I would be happy to give him whatever amount of time he
wishes to debate this amendment. Of course, as he knows, it would be
for debate only. He could talk about anything he cared to, but it would
be for debate only--5 minutes, 10 minutes, whatever he feels
appropriate, within reason, I would be happy to do that.
Mr. President, I say to everyone here----
Mr. SESSIONS. Mr. President, reserving the right to object--
Mr. REID. As I have said before, I want everyone to have the
opportunity to speak. I nor the managers of this legislation are trying
to stop people from talking. We have certain rules. They need to be
followed, and that is what we are trying to do. So I repeat, I would
have no problem with my friend from Louisiana speaking for whatever
time he wishes, for debate only, on this amendment. I think that is a
reasonable proposal. I would be happy to consider that.
Mr. SESSIONS addressed the Chair.
Mr. REID. Mr. President, I have the floor.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, does my friend from Louisiana--I thought I
heard his voice. Oh, Alabama.
Mr. SESSIONS. Is the proposal--
Mr. REID. I may have the State wrong, but I had the voice right.
Mr. President, I would be happy to yield for a question to my
friend--for not a long question--a couple minutes, if he needs that.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. Mr. President, I have a brief question. I thank the
majority leader for his courtesy. I had asked, in exchange for agreeing
to a process that kept us from working this past weekend, that I would
have 2 hours in the debate today set aside. It is in the agreement. But
I am hearing that people want to push that into the wee hours of the
night, if not into the morning.
I ask that I have a substantial portion of that before the afternoon
is over. What is the status of that negotiation and discussion?
The PRESIDING OFFICER (Mr. Menendez). The majority leader is
recognized.
Mr. REID. Mr. President, what I would say to my friend--and I know he
has a lot to say; he has said a lot of things, and I am anxious to hear
more--but we would like to be able to dispose of some of these
amendments. I would consider if he would like to talk for an hour now--
and then I would get the floor after he completes his statement--and it
would be for debate only. He can divide the time any way he wants. That
is my proposal.
Mr. DeMINT. Mr. President, will the Senator yield for a request?
The PRESIDING OFFICER. The majority leader.
Mr. REID. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
Mr. DeMINT. I object.
The PRESIDING OFFICER. Objection is heard.
The legislative clerk continued with the call of the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The majority leader is recognized.
Mr. REID. Mr. President, here is what we are going to do. I ask
unanimous consent that the Senator from Pennsylvania be recognized to
make a motion in relation to the Webb amendment.
Following that, I ask unanimous consent that when the vote is
completed, Senator Sessions be recognized to speak in morning business
until 2:30. He can allocate that time after the vote is concluded until
2:30 any way he sees fit. So I ask unanimous consent. I think it is
clear that the time we are spending in morning business be for debate
only.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. The final thing: We understand the desire of the Senator
from Alabama to be heard. He has, under the terms of the agreement that
is already in effect, 2 hours of time. We ask that the time which is
going to be used now be counted against the 2 hours he has under the
previous order before the Senate.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. The only thing I left out is that at 2:30, when Senator
Sessions finishes his remarks, that I be recognized.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I ask my friends, would it be permissible
that my friend from Virginia be recognized for 1 minute prior to the
Senator from Pennsylvania?
The PRESIDING OFFICER. Is there objection?
Mr. REID. Before he makes his motion to table.
Mr. VITTER. Mr. President, reserving the right to object, I would
like to ask if my rights on the Senate floor can also be protected in
that unanimous consent.
Mr. REID. Senator Sessions can do whatever he wants in relation to
you because it is for debate only, anyway.
Mr. VITTER. That is not really responding to my request. Again,
reserving the right to object, I ask the distinguished majority leader
whether my rights as a Senator can also be protected in that unanimous
consent request regarding Senator Webb's time by allowing me 1 minute
on the floor for any purpose.
Mr. REID. It would have to be for debate only, I say to my friend.
Mr. VITTER. Then I object.
The PRESIDING OFFICER. Objection is heard.
The Senator from Pennsylvania is recognized.
Mr. SPECTER. Mr. President, I move to table the Webb amendment, and I
ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton)
and the Senator from South Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senator is necessarily absent: the Senator
from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 79, nays 18, as follows:
[[Page S8573]]
[Rollcall Vote No. 230 Leg.]
YEAS--79
Akaka
Alexander
Allard
Barrasso
Bennett
Biden
Bingaman
Bond
Boxer
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
Dodd
Domenici
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Martinez
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Obama
Reed
Reid
Roberts
Salazar
Sanders
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Thune
Voinovich
Warner
Whitehouse
Wyden
NAYS--18
Baucus
Bayh
Brown
DeMint
Dole
Dorgan
Gregg
Hagel
Lincoln
McCaskill
McConnell
Nelson (NE)
Pryor
Rockefeller
Sessions
Tester
Vitter
Webb
NOT VOTING--3
Clinton
Johnson
McCain
The motion to table was agreed to.
Ms. KLOBUCHAR. Mr. President, I move to reconsider the vote and I
move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________