S.Amdt. 2140

1. Adds SEC. __. PERIODS OF ADMISSION wherever appropriate

   Adds a section

   Inserted: SEC. __. PERIODS OF ADMISSION.

   Inserted: (a) Short Title.--This section may be cited as the "Secure Border Crossing Card Entry Act of 2007".

   Inserted: (b) Periods of Admission.--Section 214(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)) is amended by adding at the end the following:

   Inserted: "(C)(i) Except as provided under clauses (ii) and (iii), the initial period of admission to the United States of an alien who possesses a valid machine-readable biometric border crossing identification card issued by a consular officer, has successfully completed required background checks, and is admitted to the United States as a nonimmigrant under section 101(a)(15)(B) at a port of entry at which such card is processed through a machine reader, shall not be short than the initial period of admission granted to any other alien admitted to the United States under section 101(a)(15)(B).

   Inserted: "(ii) The Secretary of Homeland Security may prescribe, by regulation, the length of the initial period of admission described in clause (i), which period shall be--

   Inserted: "(I) a minimum of 6 months; or

   Inserted: "(II) the length of time provided for under clause (iii)

   Inserted: "(iii) The Secretary may, on a case-by-case basis, provide for a period of admission that is shorter or longer than the initial period described in clause (ii)(I) if the Secretary finds good cause for such action.

   Inserted: "(iv) An alien who possesses a valid machine-readable biometric border crossing identification card may not be admitted to the United States for the period of admission specified under clause (i) or granted extensions of such period of admission if--

   Inserted: "(I) the alien previously violated the terms and conditions of the alien's nonimmigrant status;

   Inserted: "(II) the alien is inadmissible as a nonimmigrant; or

   Inserted: "(III) the alien's border crossing card has not been processed through a machine reader at the United States port of entry or land border at which the person seeks admission to the United States.".

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   Inserted: (c) Rulemaking.--

   Inserted: (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendment made by subsection (b).

   Inserted: (2) Waiver of apa.--In promulgating regulations under paragraph (1), the Secretary may waive any provision of chapter 5 of title 5, United States Code (commonly known as the "Administrative Procedure Act") or any other law relating to rulemaking if the Secretary determines that compliance with such provision would impede the timely implementation of this Act.

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   Original wording

   At the appropriate place, insert the following:

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As printed