[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3651 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3651

 To account for all aliens unlawfully present in the United States by 
providing incentives for such aliens to register with the Secretary of 
 Homeland Security, to provide immunity from criminal prosecution for 
   the employer of such an alien if the employer pays all taxes and 
  penalties owed by reason of such employment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2003

   Mr. Issa introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To account for all aliens unlawfully present in the United States by 
providing incentives for such aliens to register with the Secretary of 
 Homeland Security, to provide immunity from criminal prosecution for 
   the employer of such an alien if the employer pays all taxes and 
  penalties owed by reason of such employment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alien Accountability Act''.

SEC. 2. ACCOUNTING FOR ALL UNLAWFULLY PRESENT ALIENS.

    (a) Registration.--
            (1) In general.--In the case of each alien unlawfully 
        present in the United States on December 8, 2003 (or in the 
        case of each alien who is a resident in a foreign contiguous 
        territory and was habitually unlawfully present in the United 
        States during the 6-month period ending on December 8, 2003) 
        who registers with the Secretary of Homeland Security during 
        the 6-month period beginning on a date (not later than 180 days 
        after the date of the enactment of this Act) designated by the 
        Secretary, and provides the Secretary with such biometric 
        identifiers as the Secretary may require--
                    (A) if the alien is eligible for adjustment of 
                status under section 251 of the Immigration and 
                Nationality Act (as added by section 3 of this Act), 
                the Secretary shall permit the alien to apply for such 
                adjustment; or
                    (B) if the alien is not so eligible, or does not 
                desire to apply for such adjustment, and has not been 
                determined by an immigration judge to be inadmissible 
                under paragraph (2) or (3) of section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a)) or 
                deportable under paragraph (2)(A)(iii) or (4) of 
                section 237(a) of such Act (8 U.S.C. 1227(a))--
                            (i) the Secretary shall permit the alien 
                        voluntarily to depart the United States at the 
                        alien's own expense in lieu of being subject to 
                        proceedings under section 240 of such Act (8 
                        U.S.C. 1229a) during a voluntary departure 
                        period not exceeding 120 days; and
                            (ii) if the alien does so depart, the 
                        Secretary shall disregard such unlawful 
                        presence in the United States (and the alien's 
                        unlawful entrance into the United States, where 
                        applicable) for purposes of any determination 
                        under such Act, or any other immigration law of 
                        the United States, made subsequent to such 
                        departure.
            (2) Employer-employee joint registration.--An alien 
        unlawfully present in the United States may register under 
        paragraph (1) alone or together with the alien's present or 
        former employer.
            (3) Employer notification of unlawfully employed alien.--If 
        an employer desires to make a joint registration described in 
        paragraph (2) with an alien who has not yet registered under 
        paragraph (1), but the alien refuses to do so, the employer may 
        notify the Secretary of Homeland Security of such refusal.
    (b) Immunity From Fines and Penalties for Unlawful Employment of 
Aliens.--
            (1) In general.--In the case of an employer who submits a 
        joint registration described in subsection (a)(2) or a 
        notification described in subsection (a)(3), if the employer 
        pays to the Secretary of the Treasury any Federal tax 
        (including penalties and interest) owed by reason of the 
        employment of the alien, the employer shall considered relieved 
        of liability for any violation of section 274A of the 
        Immigration and Nationality Act (8 U.S.C. 1324a) arising out of 
        such employment. Such immunity shall cover employment of the 
        alien from the commencement of such employment through the 
        earlier of--
                    (A) the end of the application period described in 
                section 251(a)(1) of such Act (as added by section 3 of 
                this Act), if the alien fails to submit an application 
                under such section; or
                    (B) the date on which the application of the alien 
                under such section is finally adjudicated.
            (2) Recoupment of certain costs.--The Secretary of the 
        Treasury may impose a fee on an employer paying taxes, 
        penalties, or interest under paragraph (1), to be set at a 
        level necessary to recover the costs of collecting and 
        processing such payments.
            (3) Provision of information to states.--The Secretary of 
        the Treasury shall provide to any State in which an employer 
        conducts (or has conducted) business information that is 
        collected by the Federal Government pursuant to the employer's 
        submission of a joint registration described in subsection 
        (a)(2) or a notification described in subsection (a)(3), or 
        pursuant to the employer's payment of taxes, penalties, or 
        interest under paragraph (1), but only if the State agrees to 
        accept payment of all State and local taxes (including 
        penalties and interest) owed by the employer in lieu of 
        criminal prosecution.
    (c) Exit Program.--The Secretary of Homeland Security shall 
implement an exit program to ensure that appropriate data are collected 
about aliens departing voluntarily under subsection (a)(1)(B).
    (d) Minors.--In the case of an alien who is under 18 years of age, 
a parent or legal guardian of the alien may exercise the authorities 
under this section on behalf of the alien.
    (e) Limitation on Registration.--Any alien whose unlawful presence 
in the United States is known to officials of the Bureau of Immigration 
and Customs Enforcement of the Department of Homeland Security (as 
evidenced by documentary records) at any time prior to the alien's 
registration under this section is ineligible for such registration. 
Any purported registration by such an alien, or any purported 
notification made by an employer under subsection (a)(3) with respect 
to such an alien, shall be deemed null and void.
    (f) Limitations on Voluntary Departure.--
            (1) Financial means.--No alien may be permitted to depart 
        voluntarily under this section unless the alien has established 
        by clear and convincing evidence that the alien has the means 
        to depart the United States and intends to do so.
            (2) Bond.--An alien permitted to depart voluntarily under 
        this section shall be required to post a voluntary departure 
        bond, in an amount necessary to ensure that the alien will 
        depart, to be surrendered upon proof that the alien has 
        departed the United States within the time specified.
            (3) Aliens not eligible.--The Secretary of Homeland 
        Security shall not permit an alien to depart voluntarily under 
        this section if the alien is subject to pending civil or 
        criminal proceedings, imprisoned, sentenced to imprisonment, or 
        on parole, supervised release, or probation.
            (4) Civil penalty for failure to depart.--In addition to 
        being subject to removal proceedings under section 240 of the 
        Immigration and Nationality Act (8 U.S.C. 1229a), if an alien 
        is permitted to depart voluntarily under this section and fails 
        to do so within the time period specified, the alien shall be 
        subject to a civil penalty in accordance with section 240B(d) 
        of such Act (8 U.S.C. 1229c(d)).

SEC. 3. ADJUSTMENT OF STATUS FOR CERTAIN REGISTRANTS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 250 the following:

``SEC. 251. ADJUSTMENT OF STATUS FOR CERTAIN REGISTRANTS.

    ``(a) Adjustment of Status.--The Secretary of Homeland Security 
shall adjust the status of an alien who has registered under section 
2(a) of the Alien Accountability Act to that of a nonimmigrant under 
section 101(a)(15)(W) if the alien meets the following requirements:
            ``(1) Application period.--The alien applies for such 
        adjustment during the 6-month period beginning on a date 
        designated by the Secretary and occurring not later than 6 
        months after the termination of the registration period 
        described in such section.
            ``(2) Fee.--The alien (or a present or former employer of 
        the alien) pays a fee established by the Secretary in 
        accordance with subsection (g).
            ``(3) Abandonment of other applications for relief.--The 
        alien must withdraw or otherwise demonstrate voluntary 
        abandonment or termination of any other application for relief 
        from removal under this Act, or any other Federal immigration 
        law, which may have been pending prior to the submission of the 
        application under paragraph (1), and the alien must permanently 
        relinquish the opportunity subsequently to submit any such 
        application.
            ``(4) Employment or sponsorship.--The alien, or an employer 
        or other sponsor of the alien, has satisfied the requirements 
        of subsection (b).
            ``(5) Continuous unlawful residence or habitual presence.--
                    ``(A) In general.--The alien must establish that 
                the alien entered the United States before December 8, 
                2003, and has resided continuously in the United States 
                in an unlawful status since such date and through the 
                date the application is filed under this subsection.
                    ``(B) Nonimmigrants.--
                            ``(i) In general.--In the case of an alien 
                        who entered the United States as a nonimmigrant 
                        before December 8, 2003, the alien must 
                        establish that the alien's period of authorized 
                        stay as a nonimmigrant expired before such date 
                        through the passage of time.
                            ``(ii) Exchange visitors.--If the alien was 
                        at any time a nonimmigrant exchange alien (as 
                        defined in section 101(a)(15)(J)), the alien 
                        must establish that the alien was not subject 
                        to the two-year foreign residence requirement 
                        of section 212(e) or has fulfilled that 
                        requirement or received a waiver thereof.
                    ``(C) Habitual border crossers.--Notwithstanding 
                subparagraph (A), in the case of an alien who is a 
                resident of a foreign contiguous territory and has not 
                established a residence in the United States, the alien 
                must establish that the alien was habitually unlawfully 
                present in the United States during the 6-month period 
                ending on December 8, 2003.
            ``(6) Criminal, security, or related grounds.--The alien 
        must establish that the alien has not been determined by an 
        immigration judge to be inadmissible under paragraph (2) or (3) 
        of section 212(a) or deportable under paragraph (2)(A)(iii) or 
        (4) of section 237(a).
            ``(7) Cooperation.--The alien must have provided truthful 
        answers to all questions posed by officials of the Department 
        of Homeland Security, and otherwise have cooperated in 
        investigative efforts by such officials.
    ``(b) Means of Support.--
            ``(1) Employment.--An employer employing an alien in the 
        United States may demonstrate (to the satisfaction of the 
        Secretary pursuant to such standards as the Secretary shall by 
        regulations establish) that such employment produces adequate 
        means financially to support the alien, and dependents of the 
        alien, for the duration of the period during which the alien 
        will be a nonimmigrant described in section 101(a)(15)(W). 
        Alternatively, if the employer of the alien does not desire to 
        make such demonstration, the alien may do so using adequate 
        employment documentation established by the Secretary.
            ``(2) Sponsorship.--In the case of an alien who is not able 
        to satisfy the requirements of paragraph (1), if the alien is a 
        financial dependent of another individual, the alien may 
        demonstrate (to the satisfaction of the Secretary pursuant to 
        such standards as the Secretary shall by regulations establish) 
        that such individual possesses lawful means adequately to 
        support the alien financially and has agreed (in a legally 
        enforceable writing promulgated by the Secretary under such 
        regulations) to provide such support for the duration of the 
        period during which the alien will be a nonimmigrant described 
        in section 101(a)(15)(W).
    ``(c) Identification Document.--
            ``(1) In general.--Each alien provided status under section 
        101(a)(15)(W) shall be given an identification document that 
        uses biometric identifiers. In carrying out the preceding 
        sentence, the Secretary of Homeland Security shall select from 
        among biometric identifiers recognized by domestic and 
        international standards organizations.
            ``(2) Cost.--The cost of producing and issuing the 
        identification documents described in paragraph (1) shall be 
        taken into account in establishing fees under subsection (g).
    ``(d) Benefits.----
            ``(1) Work authorization.--The Secretary of Homeland 
        Security shall authorize an adult alien whose status has been 
        adjusted under subsection (a) to engage in employment in the 
        United States during the term of the alien's lawful status and 
        shall provide the alien with an `employment authorized' 
        endorsement or other appropriate document signifying 
        authorization of employment.
            ``(2) Change in nonimmigrant classification; adjustment of 
        status.--In the case of a nonimmigrant having lawful status 
        under section 101(a)(15)(W), the Secretary of Homeland Security 
        may authorize a change of nonimmigrant classification, or may 
        adjust the status of the alien to that of an alien lawfully 
        admitted for permanent residence, if the alien otherwise 
        satisfies the requirements for such change or adjustment.
            ``(3) Travel abroad.--The Secretary of Homeland Security 
        shall permit the alien to travel abroad for temporary periods 
        without the prior consent of the Secretary during periods of 
        lawful status as a nonimmigrant under section 101(a)(15)(W).
            ``(4) Inapplicability of certain grounds for removal.--For 
        purposes of obtaining the benefits described in this 
        subsection, and for purposes of any other determination under 
        the immigration laws of the United States, any ground for 
        removal or denial of admission applicable to an alien granted 
        status under section 101(a)(15)(W) shall be disregarded if the 
        ground is reflected in the records of the Department of 
        Homeland Security or the Department of State on the date on 
        which the alien first applied for such status.
            ``(5) Special rule for habitual border crossers.--
        Notwithstanding any other provision of this section, in the 
        case of an alien described in subsection (a)(5)(C), the 
        Secretary of Homeland Security shall have the discretion to 
        impose conditions on the alien's status under section 
        101(a)(15)(W) designed to permit the alien to engage solely in 
        those activities in the United States in which the alien 
        engaged during the 6-month period described in subsection 
        (a)(5)(C).
            ``(6) Family members may not follow to join.--No relative 
        of an alien having status under section 101(a)(15)(W) may 
        follow to join the alien.
    ``(e) Minors.--In the case of an alien who is under 18 years of 
age, a parent or legal guardian of the alien may exercise the 
authorities under this section on behalf of the alien.
    ``(f) Period of Authorized Admission.--
            ``(1) In general.--The initial period of authorized 
        admission as a nonimmigrant described in section 101(a)(15)(W) 
        shall be 1 year.
            ``(2) Renewal.--Such initial period may be renewed by the 
        Secretary of Homeland Security up to 5 times, in 1-year 
        increments. The Secretary of Homeland Security shall impose a 
        fee on applicants for status renewal in accordance with 
        subsection (g). Renewal shall be contingent on the alien, or an 
        employer or other sponsor of the alien, demonstrating 
        continuous satisfaction of the employment or sponsorship 
        requirements of subsection (b).
            ``(3) Employment or sponsorship termination.--If at any 
        time the employment or sponsorship conditions described in 
        subsection (b) that were the predicate for an initial or 
        subsequent grant of status as a nonimmigrant under section 
        101(a)(15)(W) terminate or change, the nonimmigrant shall 
        notify the Secretary of Homeland Security. The Secretary shall 
        grant the alien 30 days to arrange new employment or 
        sponsorship so as to satisfy such conditions. Such 30-day 
        period may be extended by the Secretary in 30-day increments 
        not more than twice. If the alien is unable to satisfy such 
        conditions within the period granted by the Secretary, the 
        Secretary shall terminate the alien's authorization to remain 
        in the United States. If the Secretary determines that an alien 
        has failed to comply with the notification requirement of this 
        paragraph, the Secretary shall terminate the alien's 
        authorization to remain in the United States.
    ``(g) Amount of Fees.--Fees collected under subsection (a)(2), and 
upon renewal of nonimmigrant status pursuant to subsection (f)(2), 
shall be set at a level that ensures recovery of at least the following 
costs:
            ``(1) The cost of processing applications for adjustment of 
        status under subsection (a)(1) and applications for status 
        renewal under subsection (f)(2).
            ``(2) Other costs of administering this section and section 
        2 of the Alien Accountability Act.
            ``(3) The cost of increasing the personnel of the Bureau of 
        Immigration and Customs Enforcement by the number established 
        under section 5(a)(2) of such Act.
    ``(h) Sunset.--The authority of the Secretary of Homeland Security 
to adjust the status of an alien under subsection (a) shall expire 6 
years after the first day on which any alien is provided status under 
section 101(a)(15)(W).
    ``(i) Work Authorization for Applicants.--The Secretary of Homeland 
Security may authorize an alien who has applied for adjustment of 
status under subsection (a) to engage in employment in the United 
States during the pendency of such application and may provide the 
alien with an `employment authorized' endorsement or other appropriate 
document signifying authorization of employment, except that if such 
application is pending for a period exceeding 180 days, and has not 
been denied, the Secretary shall authorize such employment. 
Notwithstanding the preceding sentence, the Secretary shall not be 
required to authorize employment for an alien described in subsection 
(a)(5)(C) unless the alien engaged in employment in the United States 
during the 6-month period described in such subsection.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 250 the following:

``Sec. 251. Adjustment of status for certain registrants.''.

SEC. 4. NEW NONIMMIGRANT VISA CATEGORY.

    Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) in subparagraph (U), by striking ``or'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(W) an alien whose status is adjusted under section 
        251.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF 
              CERTAIN IMMIGRATION-RELATED PERSONNEL.

    (a) In General.--There are authorized to be appropriated for fiscal 
year 2005 and subsequent fiscal years such sums as may be necessary to 
enable the Secretary of Homeland Security to increase, above the number 
of positions for which funds were allotted for the preceding fiscal 
year, the total number of personnel of the Bureau of Immigration and 
Customs Enforcement engaged in interior enforcement and alien removal 
functions by--
            (1) 3,000, for the fiscal year in which this Act is 
        enacted; and
            (2) the number derived under subsection (b) for each 
        subsequent fiscal year.
    (b) Increase.--The number derived under this subsection shall equal 
1,000 for each 1,000,000 aliens initially granted status as 
nonimmigrants under section 101(a)(15)(H)(W) of the Immigration and 
Nationality Act (as added by section 4 of this Act) during the previous 
fiscal year.

SEC. 6. STUDY OF IMMIGRATION LEVELS.

    The Secretary of Homeland Security shall conduct a study to 
determine whether, for each program under Federal immigration law for 
which a number of eligible aliens is specified for a year or otherwise, 
such number ought to be modified in view of the number of aliens 
registered under section 2.
                                 <all>