[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1033

              To improve border security and immigration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2005

Mr. McCain (for himself, Mr. Kennedy, Mr. Brownback, Mr. Lieberman, Mr. 
Graham, and Mr. Salazar) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To improve border security and immigration.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secure America and 
Orderly Immigration Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                        TITLE I--BORDER SECURITY

Sec. 101. Definitions.
             Subtitle A--Border security strategic planning

Sec. 111. National Strategy for Border Security.
Sec. 112. Reports to Congress.
Sec. 113. Authorization of appropriations.
Subtitle B--Border infrastructure, technology integration, and security 
                              enhancement

Sec. 121. Border security coordination plan.
Sec. 122. Border security advisory committee.
Sec. 123. Programs on the use of technologies for border security.
Sec. 124. Combating human smuggling.
Sec. 125. Savings clause.
              Subtitle C--International Border Enforcement

Sec. 131. North American Security Initiative.
Sec. 132. Information sharing agreements.
Sec. 133. Improving the security of Mexico's southern border.
               TITLE II--STATE CRIMINAL ALIEN ASSISTANCE

Sec. 201. State criminal alien assistance program authorization of 
                            appropriations.
Sec. 202. Reimbursement of States for indirect costs relating to the 
                            incarceration of illegal aliens.
Sec. 203. Reimbursement of States for pre-conviction costs relating to 
                            the incarceration of illegal aliens.
                TITLE III--ESSENTIAL WORKER VISA PROGRAM

Sec. 301. Essential workers.
Sec. 302. Admission of essential workers.
Sec. 303. Employer obligations.
Sec. 304. Protection for workers.
Sec. 305. Market-based numerical limitations.
Sec. 306. Adjustment to lawful permanent resident status.
Sec. 307. Essential Worker Visa Program Task Force.
Sec. 308. Willing worker-willing employer electronic job registry.
Sec. 309. Authorization of appropriations.
                         TITLE IV--ENFORCEMENT

Sec. 401. Document and visa requirements.
Sec. 402. Employment Eligibility Confirmation System.
Sec. 403. Improved entry and exit data system.
Sec. 404. Department of labor investigative authorities.
Sec. 405. Protection of employment rights.
Sec. 406. Increased fines for prohibited behavior.
             TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS

Sec. 501. Labor migration facilitation programs.
Sec. 502. Bilateral efforts with Mexico to reduce migration pressures 
                            and costs.
              TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION

Sec. 601. Elimination of existing backlogs.
Sec. 602. Country limits.
Sec. 603. Allocation of immigrant visas.
Sec. 604. Relief for children and widows.
Sec. 605. Amending the affidavit of support requirements.
Sec. 606. Discretionary authority.
Sec. 607. Family unity.
                     TITLE VII--H-5B NONIMMIGRANTS

Sec. 701. H-5B nonimmigrants.
Sec. 702. Adjustment of status for H-5B nonimmigrants.
Sec. 703. Aliens not subject to direct numerical limitations.
Sec. 704. Employer protections.
Sec. 705. Authorization of appropriations.
            TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

Sec. 801. Right to qualified representation.
Sec. 802. Protection of witness testimony.
                      TITLE IX--CIVICS INTEGRATION

Sec. 901. Funding for the Office of Citizenship.
Sec. 902. Civics integration grant program.
                TITLE X--PROMOTING ACCESS TO HEALTH CARE

Sec. 1001. Federal reimbursement of emergency health services furnished 
                            to undocumented aliens.
Sec. 1002. Prohibition against offset of certain Medicare and Medicaid 
                            payments.
Sec. 1003. Prohibition against discrimination against aliens on the 
                            basis of employment in hospital-based 
                            versus nonhospital-based sites.
Sec. 1004. Binational public health infrastructure and health 
                            insurance.
                        TITLE XI--MISCELLANEOUS

Sec. 1101. Submission to Congress of information regarding H-5A 
                            nonimmigrants.
Sec. 1102. H-5 nonimmigrant petitioner account.
Sec. 1103. Anti-discrimination protections.
Sec. 1104. Women and children at risk of harm.
Sec. 1105. Expansion of S visa.
Sec. 1106. Volunteers.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Government of the United States has an obligation 
        to its citizens to secure its borders and ensure the rule of 
        law in its communities.
            (2) The Government of the United States must strengthen 
        international border security efforts by dedicating adequate 
        and significant resources for technology, personnel, and 
        training for border region enforcement.
            (3) Federal immigration policies must adhere to the United 
        States tradition as a nation of immigrants and reaffirm this 
        Nation's commitment to family unity, economic opportunity, and 
        humane treatment.
            (4) Immigrants have contributed significantly to the 
        strength and economic prosperity of the United States and 
        action must be taken to ensure their fair treatment by 
        employers and protection against fraud and abuse.
            (5) Current immigration laws and the enforcement of such 
        laws are ineffective and do not serve the people of the United 
        States, the national security interests of the United States, 
        or the economic prosperity of the United States.
            (6) The United States cannot effectively carry out its 
        national security policies unless the United States identifies 
        undocumented immigrants and encourages them to come forward and 
        participate legally in the economy of the United States.
            (7) Illegal immigration fosters other illegal activity, 
        including human smuggling, trafficking, and document fraud, all 
        of which undermine the national security interests of the 
        United States.
            (8) Illegal immigration burdens States and local 
        communities with hundreds of millions of dollars in 
        uncompensated expenses for law enforcement, health care, and 
        other essential services.
            (9) Illegal immigration creates an underclass of workers 
        who are vulnerable to fraud and exploitation.
            (10) Fixing the broken immigration system requires a 
        comprehensive approach that provides for adequate legal 
        channels for immigration and strong enforcement of immigration 
        laws which will serve the economic, social, and security 
        interests of the United States.
            (11) Foreign governments, particularly those that share an 
        international border with the United States, must play a 
        critical role in securing international borders and deterring 
        illegal entry of foreign nationals into the United States.
            (12) Federal immigration policy should foster economic 
        growth by allowing willing workers to be matched with willing 
        employers when no United States worker is available to take a 
        job.
            (13) Immigration reform is a key component to achieving 
        effective enforcement and will allow for the best use of 
        security and enforcement resources to be focused on the 
        greatest risks.
            (14) Comprehensive immigration reform and strong 
        enforcement of immigration laws will encourage legal 
        immigration, deter illegal immigration, and promote the 
        economic and national security interests of the United States.

                        TITLE I--BORDER SECURITY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.
            (2) International border of the united states.--The term 
        ``international border of the United States'' means the 
        international border between the United States and Canada and 
        the international border between the United States and Mexico, 
        including points of entry along such international borders.
            (3) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.
            (4) Security plan.--The term ``security plan'' means a 
        security plan developed as part of the National Strategy for 
        Border Security set forth under section 111(a) for the Border 
        Patrol and the field offices of the Bureau of Customs and 
        Border Protection of the Department of Homeland Security that 
        has responsibility for the security of any portion of the 
        international border of the United States.

             Subtitle A--Border Security Strategic Planning

SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) In General.--In conjunction with strategic homeland security 
planning efforts, the Secretary shall develop, implement, and update, 
as needed, a National Strategy for Border Security that includes a 
security plan for the Border Patrol and the field offices of the Bureau 
of Customs and Border Protection of the Department of Homeland Security 
that has responsibility for the security of any portion of the 
international border of the United States.
    (b) Contents.--The National Strategy for Border Security shall 
include--
            (1) the identification and evaluation of the points of 
        entry and all portions of the international border of the 
        United States that, in the interests of national security and 
        enforcement, must be protected from illegal transit;
            (2) a description of the most appropriate, practical, and 
        cost-effective means of defending the international border of 
        the United States against threats to security and illegal 
        transit, including intelligence capacities, technology, 
        equipment, personnel, and training needed to address security 
        vulnerabilities within the United States for the Border Patrol 
        and the field offices of the Bureau of Customs and Border 
        Protection that have responsibility for any portion of the 
        international border of the United States;
            (3) risk-based priorities for assuring border security and 
        realistic deadlines for addressing security and enforcement 
        needs identified in paragraphs (1) and (2);
            (4) a strategic plan that sets out agreed upon roles and 
        missions of Federal, State, regional, local, and tribal 
        authorities, including appropriate coordination among such 
        authorities, to enable security enforcement and border lands 
        management to be carried out in an efficient and effective 
        manner;
            (5) a prioritization of research and development objectives 
        to enhance the security of the international border of the 
        United States and enforcement needs to promote such security 
        consistent with the provisions of subtitle B;
            (6) an update of the 2001 Port of Entry Infrastructure 
        Assessment Study conducted by the United States Customs 
        Service, in consultation with the General Services 
        Administration;
            (7) strategic interior enforcement coordination plans with 
        personnel of Immigration and Customs Enforcement;
            (8) strategic enforcement coordination plans with overseas 
        personnel of the Department of Homeland Security and the 
        Department of State to end human smuggling and trafficking 
        activities;
            (9) any other infrastructure or security plan or report 
        that the Secretary determines appropriate for inclusion;
            (10) the identification of low-risk travelers and how such 
        identification would facilitate cross-border travel; and
            (11) ways to ensure that the trade and commerce of the 
        United States is not diminished by efforts, activities, and 
        programs aimed at securing the homeland.
    (c) Priority of National Strategy.--The National Strategy for 
Border Security shall be the governing document for Federal security 
and enforcement efforts related to securing the international border of 
the United States.

SEC. 112. REPORTS TO CONGRESS.

    (a) National Strategy.--
            (1) Initial submission.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall submit the 
        National Strategy for Border Security, including each security 
        plan, to the appropriate congressional committees. Such plans 
        shall include estimated costs of implementation and training 
        from a fiscal and personnel perspective and a cost-benefit 
        analysis of any technological security implementations.
            (2) Subsequent submissions.--After the submission required 
        under paragraph (1), the Secretary shall submit to the 
        appropriate congressional committees any revisions to the 
        National Strategy for Border Security, including any revisions 
        to a security plan, not less frequently than April 1 of each 
        odd-numbered year. The plan shall include estimated costs for 
        implementation and training and a cost-benefit analysis of 
        technological security implementations that take place during 
        the time frame under evaluation.
    (b) Periodic Progress Reports.--
            (1) Requirement for report.--Each year, in conjunction with 
        the submission of the budget to Congress under section 1105(a) 
        of title 31, United States Code, the Secretary shall submit to 
        the appropriate congressional committees an assessment of the 
        progress made on implementing the National Strategy for Border 
        Security, including each security plan.
            (2) Content.--Each progress report submitted under this 
        subsection shall include any recommendations for improving and 
        implementing the National Strategy for Border Security, 
        including any recommendations for improving and implementing a 
        security plan.
    (c) Classified Material.--
            (1) In general.--Any material included in the National 
        Strategy for Border Security, including each security plan, 
        that includes information that is properly classified under 
        criteria established by Executive order shall be submitted to 
        the appropriate congressional committees in a classified form.
            (2) Unclassified version.--As appropriate, an unclassified 
        version of the material described in paragraph (1) shall be 
        provided to the appropriate congressional committees.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out this subtitle for each of the 5 fiscal 
years beginning with the fiscal year after the fiscal year in which 
this Act was enacted.

Subtitle B--Border Infrastructure, Technology Integration, and Security 
                              Enhancement

SEC. 121. BORDER SECURITY COORDINATION PLAN.

    (a) In General.--The Secretary shall coordinate with Federal, 
State, local, and tribal authorities on law enforcement, emergency 
response, and security-related responsibilities with regard to the 
international border of the United States to develop and implement a 
plan to ensure that the security of such international border is not 
compromised--
            (1) when the jurisdiction for providing such security 
        changes from one such authority to another such authority;
            (2) in areas where such jurisdiction is shared by more than 
        one such authority; or
            (3) by one such authority relinquishing such jurisdiction 
        to another such authority pursuant to a memorandum of 
        understanding.
    (b) Elements of Plan.--In developing the plan, the Secretary shall 
consider methods to--
            (1) coordinate emergency responses;
            (2) improve data-sharing, communications, and technology 
        among the appropriate agencies;
            (3) promote research and development relating to the 
        activities described in paragraphs (1) and (2); and
            (4) combine personnel and resource assets when practicable.
    (c) Report.--Not later than 1 year after implementing the plan 
developed under subsection (a), the Secretary shall transmit a report 
to the appropriate congressional committees on the development and 
implementation of such plan.

SEC. 122. BORDER SECURITY ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary is authorized to establish a 
Border Security Advisory Committee (referred to in this section as the 
``Advisory Committee'') to provide advice and recommendations to the 
Secretary on border security and enforcement issues.
    (b) Composition.--
            (1) In general.--The members of the Advisory Committee 
        shall be appointed by the Secretary and shall include 
        representatives of--
                    (A) States that are adjacent to the international 
                border of the United States;
                    (B) local law enforcement agencies; community 
                officials, and tribal authorities of such States; and
                    (C) other interested parties.
            (2) Membership.--The Advisory Committee shall be comprised 
        of members who represent a broad cross section of perspectives.

SEC. 123. PROGRAMS ON THE USE OF TECHNOLOGIES FOR BORDER SECURITY.

    (a) Aerial Surveillance Technologies Program.--
            (1) In general.--In conjunction with the border 
        surveillance plan developed under section 5201 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458), the Secretary, not later than 60 days 
        after the date of enactment of this Act, shall develop and 
        implement a program to fully integrate aerial surveillance 
        technologies to enhance the border security of the United 
        States.
            (2) Assessment and consultation requirements.--In 
        developing the program under this subsection, the Secretary 
        shall--
                    (A) consider current and proposed aerial 
                surveillance technologies;
                    (B) assess the feasibility and advisability of 
                utilizing such technologies to address border threats, 
                including an assessment of the technologies considered 
                best suited to address respective threats;
                    (C) consult with the Secretary of Defense regarding 
                any technologies or equipment, which the Secretary may 
                deploy along the international border of the United 
                States; and
                    (D) consult with the Administrator of the Federal 
                Aviation Administration regarding safety, airspace 
                coordination and regulation, and any other issues 
                necessary for implementation of the program.
            (3) Additional requirements.--
                    (A) In general.--The program developed under this 
                subsection shall include the utilization of a variety 
                of aerial surveillance technologies in a variety of 
                topographies and areas, including populated and 
                unpopulated areas located on or near the international 
                border of the United States, in order to evaluate, for 
                a range of circumstances--
                            (i) the significance of previous 
                        experiences with such technologies in border 
                        security or critical infrastructure protection;
                            (ii) the cost and effectiveness of various 
                        technologies for border security, including 
                        varying levels of technical complexity; and
                            (iii) liability, safety, and privacy 
                        concerns relating to the utilization of such 
                        technologies for border security.
                    (B) Use of unmanned aerial vehicles.--The aerial 
                surveillance technologies utilized in the program shall 
                include unmanned aerial vehicles.
            (4) Continued use of aerial surveillance technologies.--The 
        Secretary may continue the operation of aerial surveillance 
        technologies while assessing the effectiveness of their 
        utilization and until such time the Secretary determines 
        appropriate.
            (5) Report.--
                    (A) Requirement.--Not later than 1 year after 
                implementing the program under this subsection, the 
                Secretary shall submit a report on such program to the 
                appropriate congressional committees.
                    (B) Content.--The Secretary shall include in the 
                report required by subparagraph (A) a description of 
                the program together with such recommendations as the 
                Secretary finds appropriate for enhancing the program.
    (b) Demonstration Programs.--The Secretary is authorized, as part 
of the development and implementation of the National Strategy for 
Border Security, to establish and carry out demonstration programs to 
strengthen communication, information sharing, technology, security, 
intelligence benefits, and enforcement activities that will protect the 
international border of the United States without diminishing 
international trade and commerce.
    (c) INSERT CONTINUED USE OF GROUND SURVEILLANCE TECHNOLOGIES.--

SEC. 124. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary shall develop and 
implement a plan to improve coordination between the Bureau of 
Immigration and Customs Enforcement and the Bureau of Customs and 
Border Protection of the Department of Homeland Security and any other 
Federal, State, local, or tribal authorities, as determined appropriate 
by the Secretary, to improve coordination efforts to combat human 
smuggling.
    (b) Content.--In developing the plan required by subsection (a), 
the Secretary shall consider--
            (1) the interoperability of databases utilized to prevent 
        human smuggling;
            (2) adequate and effective personnel training;
            (3) methods and programs to effectively target networks 
        that engage in such smuggling;
            (4) effective utilization of--
                    (A) visas for victims of trafficking and other 
                crimes; and
                    (B) investigatory techniques, equipment, and 
                procedures that prevent, detect, and prosecute 
                international money laundering and other operations 
                that are utilized in smuggling;
            (5) joint measures, with the Secretary of State, to enhance 
        intelligence sharing and cooperation with foreign governments 
        whose citizens are preyed on by human smugglers; and
            (6) other measures that the Secretary considers appropriate 
        to combating human smuggling.
    (c) Report.--Not later than 1 year after implementing the plan 
described in subsection (a), the Secretary shall submit to Congress a 
report on such plan, including any recommendations for legislative 
action to improve efforts to combating human smuggling.

SEC. 125. SAVINGS CLAUSE.

    Nothing in this subtitle or subtitle A may be construed to provide 
to any State or local entity any additional authority to enforce 
Federal immigration laws.

              Subtitle C--International Border Enforcement

SEC. 131. NORTH AMERICAN SECURITY INITIATIVE.

    (a) In General.--The Secretary of State shall enhance the mutual 
security and safety of the United States, Canada, and Mexico by 
providing a framework for better management, communication, and 
coordination between the Governments of North America.
    (b) Responsibilities.--In implementing the provisions of this 
subtitle, the Secretary of State shall carry out all of the activities 
described in this subtitle.

SEC. 132. INFORMATION SHARING AGREEMENTS.

    The Secretary of State, in coordination with the Secretary of 
Homeland Security and the Government of Mexico, is authorized to 
negotiate an agreement with Mexico to--
            (1) cooperate in the screening of third-country nationals 
        using Mexico as a transit corridor for entry into the United 
        States; and
            (2) provide technical assistance to support stronger 
        immigration control at the border with Mexico.

SEC. 133. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

    (a) Technical Assistance.--The Secretary of State, in coordination 
with the Secretary of Homeland Security, the Canadian Department of 
Foreign Affairs, and the Government of Mexico, shall establish a 
program to--
            (1) assess the specific needs of the governments of Central 
        American countries in maintaining the security of the borders 
        of such countries;
            (2) use the assessment made under paragraph (1) to 
        determine the financial and technical support needed by the 
        governments of Central American countries from Canada, Mexico, 
        and the United States to meet such needs;
            (3) provide technical assistance to the governments of 
        Central American countries to secure issuance of passports and 
        travel documents by such countries; and
            (4) encourage the governments of Central American countries 
        to--
                    (A) control alien smuggling and trafficking;
                    (B) prevent the use and manufacture of fraudulent 
                travel documents; and
                    (C) share relevant information with Mexico, Canada, 
                and the United States.
    (b) Immigration.--The Secretary of Homeland Security, in 
consultation with the Secretary of State and appropriate officials of 
the governments of Central American countries shall provide robust law 
enforcement assistance to such governments that specifically addresses 
migratory issues to increase the ability of such governments to 
dismantle human smuggling organizations and gain tighter control over 
the border.
    (c) Border Security Between Mexico and Guatemala or Belize.--The 
Secretary of State, in consultation with the Secretary of Homeland 
Security, the Government of Mexico, and appropriate officials of the 
Governments of Guatemala, Belize, and neighboring contiguous countries, 
shall establish a program to provide needed equipment, technical 
assistance, and vehicles to manage, regulate, and patrol the 
international border between Mexico and Guatemala and between Mexico 
and Belize.
    (d) Tracking Central American Gangs.--The Secretary of State, in 
coordination with the Secretary of Homeland Security, the Director of 
the Federal Bureau of Investigation, the Government of Mexico, and 
appropriate officials of the governments of Central American countries, 
shall--
            (1) assess the direct and indirect impact on the United 
        States and Central America on deporting violent criminal 
        aliens;
            (2) establish a program and database to track Central 
        American gang activities, focusing on the identification of 
        returning criminal deportees;
            (3) devise an agreed-upon mechanism for notification 
        applied prior to deportation and for support for reintegration 
        of these deportees; and
            (4) devise an agreement to share all relevant information 
        with the appropriate agencies of Mexico and other Central 
        American countries.

               TITLE II--STATE CRIMINAL ALIEN ASSISTANCE

SEC. 201. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM AUTHORIZATION OF 
              APPROPRIATIONS.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by striking paragraphs (5) and (6) and inserting 
the following:
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection--
                            ``(i) such sums as may be necessary for 
                        fiscal year 2005;
                            ``(ii) $750,000,000 for fiscal year 2006;
                            ``(iii) $850,000,000 for fiscal year 2007; 
                        and
                            ``(iv) $950,000,000 for each of the fiscal 
                        years 2008 through 2011.
                    ``(B) Limitation on use of funds.--Amounts 
                appropriated pursuant to subparagraph (A) that are 
                distributed to a State or political subdivision of a 
                State, including a municipality, may be used only for 
                correctional purposes.''.

SEC. 202. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE 
              INCARCERATION OF ILLEGAL ALIENS.

    Section 501 of the Immigration Reform and Control Act of 1986 (8 
U.S.C. 1365) is amended--
            (1) in subsection (a)--
                    (A) by striking ``for the costs'' and inserting the 
                following: ``for--
            ``(1) the costs''; and
                    (B) by striking ``such State.'' and inserting the 
                following: ``such State; and
            ``(2) the indirect costs related to the imprisonment 
        described in paragraph (1).''; and
            (2) by striking subsections (c) through (e) and inserting 
        the following:
    ``(c) Manner of Allotment of Reimbursements.--Reimbursements under 
this section shall be allotted in a manner that gives special 
consideration for any State that--
            ``(1) shares a border with Mexico or Canada; or
            ``(2) includes within the State an area in which a large 
        number of undocumented aliens reside relative to the general 
        population of that area.
    ``(d) Definitions.--As used in this section:
            ``(1) Indirect costs.--The term `indirect costs' includes--
                    ``(A) court costs, county attorney costs, detention 
                costs, and criminal proceedings expenditures that do 
                not involve going to trial;
                    ``(B) indigent defense costs; and
                    ``(C) unsupervised probation costs.
            ``(2) State.--The term `State' has the meaning given such 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for each of the fiscal years 2005 through 
2011 to carry out subsection (a)(2).''.

SEC. 203. REIMBURSEMENT OF STATES FOR PRE-CONVICTION COSTS RELATING TO 
              THE INCARCERATION OF ILLEGAL ALIENS.

    Section 241(i)(3)(A) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)(3)(a) is amended by inserting ``charged with or'' before 
``convicted.''

                TITLE III--ESSENTIAL WORKER VISA PROGRAM

SEC. 301. ESSENTIAL WORKERS.

    Section 101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) is amended--
            (1) by striking ``(H) an alien (i)(b)'' and inserting the 
        following:
                    ``(H) an alien--
                            ``(i)(b)'';
            (2) by striking ``or (ii)(a)'' and inserting the following:
                            ``(ii)(a)'';
            (3) by striking ``or (iii)'' and inserting the following:
                            ``(iii)''; and
            (4) by adding at the end the following:
                            ``(v)(a) subject to section 218A, having 
                        residence in a foreign country, which the alien 
                        has no intention of abandoning, who is coming 
                        temporarily to the United States to initially 
                        perform labor or services (other than those 
                        occupation classifications covered under the 
                        provisions of clause (i)(b) or (ii)(a) or 
                        subparagraph (L), (O), (P), or (R)); or.''.

SEC. 302. ADMISSION OF ESSENTIAL WORKERS.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after 
section 218 the following:

                 ``admission of temporary h-5a workers

    ``Sec. 218A. (a) The Secretary of State may grant a temporary visa 
to a nonimmigrant described in section 101(a)(15)(H)(v)(a) who 
demonstrates an intent to perform labor or services in the United 
States (other than those occupational classifications covered under the 
provisions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or 
subparagraph (L), (O), (P), or (R)) of section 101(a)(15).
    ``(b) Requirements for Admission.--In order to be eligible for 
nonimmigrant status under section 101(a)(15)(H)(v)(a), an alien shall 
meet the following requirements:
            ``(1) Eligibility to work.--The alien shall establish that 
        the alien is capable of performing the labor or services 
        required for an occupation under section 101(a)(15)(H)(v).
            ``(2) Evidence of employment.--The alien's evidence of 
        employment shall be provided through the Employment Eligibility 
        Confirmation System established under section 274E or in 
        accordance with requirements issued by the Secretary of State, 
        in consultation with the Secretary of Homeland Security. In 
        carrying out this paragraph, the Secretary may consider 
        evidence from employers, employer associations, and labor 
        representatives.
            ``(3) Fee.--The alien shall pay a $500 application fee to 
        apply for the visa in addition to the cost of processing and 
        adjudicating such application. Nothing in this paragraph shall 
        be construed to affect consular procedures for charging 
        reciprocal fees.
            ``(4) Medical examination.--The alien shall undergo a 
        medical examination (including a determination of immunization 
        status) at the alien's expense, that conforms to generally 
        accepted standards of medical practice.
    ``(c) Grounds of Inadmissibility.--
            ``(1) In general.--In determining an alien's admissibility 
        as a nonimmigrant under section 101(a)(15)(H)(v)(a)--
                    ``(A) paragraphs (5), (6) (except for subparagraph 
                (E)), (7), (9), and (10)(B) of section 212(a) may be 
                waived for conduct that occurred before the date on 
                which the Secure America and Orderly Immigration Act 
                was introduced;
                    ``(B) the Secretary of Homeland Security may not 
                waive--
                            ``(i) subparagraph (A), (B), (C), (E), (G), 
                        (H), or (I) of section 212(a)(2) (relating to 
                        criminals);
                            ``(ii) section 212(a)(3) (relating to 
                        security and related grounds); or
                            ``(iii) subparagraph (A) or (C) of section 
                        212(a)(10) (relating to polygamists and child 
                        abductors);
                    ``(C) for conduct that occurred before the date on 
                which the Secure America and Orderly Immigration Act 
                was introduced, the Secretary of Homeland Security may 
                waive the application of any provision of section 
                212(a) not listed in subparagraph (B) on behalf of an 
                individual alien for humanitarian purposes, to ensure 
                family unity, or when such waiver is otherwise in the 
                public interest; and
                    ``(D) nothing in this paragraph shall be construed 
                as affecting the authority of the Secretary of Homeland 
                Security to waive the provisions of section 212(a).
            ``(2) Waiver fine.--An alien who is granted a waiver under 
        subparagraph (1) shall pay a $1,500 fine upon approval of the 
        alien's visa application.
            ``(3) Applicability of other provisions.--Sections 240B(d) 
        and 241(a)(5) shall not apply to an alien who initially seeks 
        admission as a nonimmigrant under section 101(a)(15)(H)(v)(a).
            ``(4) Renewal of authorized admission and subsequent 
        admissions.--An alien seeking renewal of authorized admission 
        or subsequent admission as a nonimmigrant under section 
        101(a)(15)(H)(v)(a) shall establish that the alien is not 
        inadmissible under section 212(a).
    ``(d) Period of Authorized Admission.--
            ``(1) Initial period.--The initial period of authorized 
        admission as a nonimmigrant described in section 
        101(a)(15)(H)(v)(a) shall be 3 years.
            ``(2) Renewals.--The alien may seek an extension of the 
        period described in paragraph (1) for 1 additional 3-year 
        period.
            ``(3) Loss of employment.--
                    ``(A) In general.--Subject to subsection (c), the 
                period of authorized admission of a nonimmigrant alien 
                under section 101(a)(15)(H)(v)(a) shall terminate if 
                the nonimmigrant is unemployed for 45 or more 
                consecutive days.
                    ``(B) Return to foreign residence.--Any alien whose 
                period of authorized admission terminates under 
                subparagraph (A) shall be required to return to the 
                country of the alien's nationality or last residence.
                    ``(C) Period of visa validity.--Any alien, whose 
                period of authorized admission terminates under 
                subparagraph (A), who returns to the country of the 
                alien's nationality or last residence under 
                subparagraph (B), may reenter the United States on the 
                basis of the same visa to work for an employer, if the 
                alien has complied with the requirements of subsection 
                (b)(1).
            ``(4) Visits outside united states.--
                    ``(A) In general.--Under regulations established by 
                the Secretary of Homeland Security, a nonimmigrant 
                alien under section 101(a)(15)(H)(v)(a)--
                            ``(i) may travel outside of the United 
                        States; and
                            ``(ii) may be readmitted without having to 
                        obtain a new visa if the period of authorized 
                        admission has not expired.
                    ``(B) Effect on period of authorized admission.--
                Time spent outside the United States under subparagraph 
                (A) shall not extend the period of authorized admission 
                in the United States.
    ``(e) Portability.--A nonimmigrant alien described in this section, 
who was previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(v)(a), may accept new employment 
with a subsequent employer.
    ``(f) Waiver of Rights Prohibited.--A nonimmigrant alien described 
in section 101(a)(15)(H)(v)(a) may not be required to waive any rights 
or protections under the Secure America and Orderly Immigration Act.
    ``(g) Change of Address.--An alien having nonimmigrant status 
described in section 101(a)(15)(H)(v)(a) shall comply by either 
electronic or paper notification with the change of address reporting 
requirements under section 265.
    ``(h) Bar to Future Visas for Violations.--
            ``(1) In general.--Any alien having the nonimmigrant status 
        described in section 101(a)(15)(H)(v)(a) shall not be eligible 
        to renew such nonimmigrant status if the alien willfully 
        violates any material term or condition of such status.
            ``(2) Waiver.--The alien may apply for a waiver of the 
        application of subparagraph (A) for technical violations, 
        inadvertent errors, or violations for which the alien was not 
        at fault.
    ``(i) Collection of Fees.--All fees collected under this section 
shall be deposited in the Treasury in accordance with section 
286(w).''.
    (b) Conforming Amendment Regarding Presumption of Nonimmigrant 
Status.--Section 214(b) of the Immigration and Nationality Act (8 
U.S.C. 1184(b)) is amended by inserting ``(H)(v)(a),'' after 
``(H)(i),''.
    (c) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 218 the following:

        ``Sec. 218A. Admission of temporary H-5A workers.''.

SEC. 303. EMPLOYER OBLIGATIONS.

    Employers employing a nonimmigrant described in section 
101(a)(15)(H)(v)(a) of the Immigration and Nationality Act, as added by 
section 301, shall comply with all applicable Federal, State, and local 
laws, including--
            (1) laws affecting migrant and seasonal agricultural 
        workers; and
            (2) the requirements under section 274E of such Act, as 
        added by section 402.

SEC. 304. PROTECTION FOR WORKERS.

    Section 218A of the Immigration and Nationality Act, as added by 
section 302, is amended by adding at the end the following:
    ``(h) Application of Labor and Other Laws.--
            ``(1) Definitions.--As used in this subsection and in 
        subsections (i) through (k):
                    ``(A) Employ; employee; employer.--The terms 
                `employ', `employee', and `employer' have the meanings 
                given such terms in section 3 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 203).
                    ``(B) Foreign labor contractor.--The term `foreign 
                labor contractor' means any person who for any 
                compensation or other valuable consideration paid or 
                promised to be paid, performs any foreign labor 
                contracting activity.
                    ``(C) Foreign labor contracting activity.--The term 
                `foreign labor contracting activity' means recruiting, 
                soliciting, hiring, employing, or furnishing, an 
                individual who resides outside of the United States for 
                employment in the United States as a nonimmigrant alien 
                described in section 101(a)(15)(H)(v)(a).
            ``(2) Coverage.--Notwithstanding any other provision of 
        law--
                    ``(A) a nonimmigrant alien described in section 
                101(a)(15)(H)(v)(a) is prohibited from being treated as 
                an independent contractor; and
                    ``(B) no person may treat a nonimmigrant alien 
                described in section 101(a)(15)(H)(v)(a) as an 
                independent contractor.
            ``(3) Applicability of laws.--A nonimmigrant alien 
        described in section 101(a)(15)(H)(v)(a) shall not be denied 
        any right or any remedy under Federal, State, or local labor or 
        employment law that would be applicable to a United States 
        worker employed in a similar position with the employer because 
        of the alien's status as a nonimmigrant worker.
            ``(4) Tax responsibilities.--With respect to each employed 
        nonimmigrant alien described in section 101(a)(15)(H)(v)(a), an 
        employer shall comply with all applicable Federal, State, and 
        local tax and revenue laws.
            ``(5) Nondiscrimination in employment.--An employer shall 
        provide nonimmigrants issued a visa under this section with the 
        same wages, benefits, and working conditions that are provided 
        by the employer to United States workers similarly employed in 
        the same occupation and the same place of employment.
            ``(6) No replacement of striking employees.--An employer 
        may not hire a nonimmigrant alien described in section 
        101(a)(15)(H)(v)(a) as a replacement worker if there is a 
        strike or lockout in the course of a labor dispute in the 
        occupational classification at the place of employment.
            ``(7) Waiver of rights prohibited.--A nonimmigrant alien 
        described in section 101(a)(15)(H)(v)(a) may not be required to 
        waive any rights or protections under the Secure America and 
        Orderly Immigration Act. Nothing under this provision shall be 
        construed to affect the interpretation of other laws.
            ``(8) No threatening of employees.--It shall be a violation 
        of this section for an employer who has filed a petition under 
        section 203(b) to threaten the alien beneficiary of such a 
        petition with withdrawal of the application, or to withdraw 
        such a petition in retaliation for the beneficiary's exercise 
        of a right protected by the Secure America and Orderly 
        Immigration Act.
            ``(9) Whistleblower protection.--It shall be unlawful for 
        an employer or a labor contractor of a nonimmigrant alien 
        described in section 101(a)(15)(H)(v)(a) to intimidate, 
        threaten, restrain, coerce, retaliate, discharge, or in any 
        other manner, discriminate against an employee or former 
        employee because the employee or former employee--
                    ``(A) discloses information to the employer or any 
                other person that the employee or former employee 
                reasonably believes demonstrates a violation of Secure 
                America and Orderly Immigration Act.
                    ``(B) cooperates or seeks to cooperate in an 
                investigation or other proceeding concerning compliance 
                with the requirements of the Secure America and Orderly 
                Immigration Act.
    ``(i) Labor Recruiters.--
            ``(1) In general.--Each employer that engages in foreign 
        labor contracting activity and each foreign labor contractor 
        shall ascertain and disclose to each such worker who is 
        recruited for employment the following information at the time 
        of the worker's recruitment:
                    ``(A) The place of employment.
                    ``(B) The compensation for the employment.
                    ``(C) A description of employment activities.
                    ``(D) The period of employment.
                    ``(E) Any other employee benefit to be provided and 
                any costs to be charged for each benefit.
                    ``(F) Any travel or transportation expenses to be 
                assessed.
                    ``(G) The existence of any labor organizing effort, 
                strike, lockout, or other labor dispute at the place of 
                employment.
                    ``(H) The existence of any arrangement with any 
                owner, employer, foreign contractor, or its agent where 
                such person receives a commission from the provision of 
                items or services to workers.
                    ``(I) The extent to which workers will be 
                compensated through workers' compensation, private 
                insurance, or otherwise for injuries or death, 
                including work related injuries and death, during the 
                period of employment and, if so, the name of the State 
                workers' compensation insurance carrier or the name of 
                the policyholder of the private insurance, the name and 
                the telephone number of each person who must be 
                notified of an injury or death, and the time period 
                within which such notice must be given.
                    ``(J) Any education or training to be provided or 
                required, including the nature and cost of such 
                training, who will pay such costs, and whether the 
                training is a condition of employment, continued 
                employment, or future employment.
                    ``(K) A statement, in a form specified by the 
                Secretary of Labor, describing the protections of this 
                Act for workers recruited abroad.
            ``(2) False or misleading information.--No foreign labor 
        contractor or employer who engages in foreign labor contracting 
        activity shall knowingly provide material false or misleading 
        information to any worker concerning any matter required to be 
        disclosed in paragraph (1).
            ``(3) Languages.--The information required to be disclosed 
        under paragraph (1) shall be provided in writing in English or, 
        as necessary and reasonable, in the language of the worker 
        being recruited. The Department of Labor shall make forms 
        available in English, Spanish, and other languages, as 
        necessary, which may be used in providing workers with 
        information required under this section.
            ``(4) Fees.--A person conducting a foreign labor 
        contracting activity shall not assess any fee to a worker for 
        such foreign labor contracting activity.
            ``(5) Terms.--No employer or foreign labor contractor 
        shall, without justification, violate the terms of any 
        agreement made by that contractor or employer regarding 
        employment under this program.
            ``(6) Travel costs.--If the foreign labor contractor or 
        employer charges the employee for transportation such 
        transportation costs shall be reasonable.
            ``(7) Other worker protections.--
                    ``(A) Notification.--Every 2 years, each employer 
                shall notify the Secretary of Labor of the identity of 
                any foreign labor contractor engaged by the employer in 
                any foreign labor contractor activity for or on behalf 
                of the employer.
                    ``(B) Registration of foreign labor contractors.--
                            ``(i) In general.--No person shall engage 
                        in foreign labor recruiting activity unless 
                        such person has a certificate of registration 
                        from the Secretary of Labor specifying the 
                        activities that such person is authorized to 
                        perform. An employer who retains the services 
                        of a foreign labor contractor shall only use 
                        those foreign labor contractors who are 
                        registered under this subparagraph.
                            ``(ii) Issuance.--The Secretary shall 
                        promulgate regulations to establish an 
                        efficient electronic process for the 
                        investigation and approval of an application 
                        for a certificate of registration of foreign 
                        labor contractors not later than 14 days after 
                        such application is filed. Such process shall 
                        include requirements under paragraphs (1), (4), 
                        and (5) of section 1812 of title 29, United 
                        States Code, an expeditious means to update 
                        registrations and renew certificates and any 
                        other requirements the Secretary may prescribe.
                            ``(iii) Term.--Unless suspended or revoked, 
                        a certificate under this subparagraph shall be 
                        valid for 2 years.
                            ``(iv) Refusal to issue; revocation; 
                        suspension.--In accordance with regulations 
                        promulgated by the Secretary of Labor, the 
                        Secretary may refuse to issue or renew, or may 
                        suspend or revoke, a certificate of 
                        registration under this subparagraph. The 
                        justification for such refusal, suspension, or 
                        revocation may include the following:
                                    ``(I) The application or holder of 
                                the certification has knowingly made a 
                                material misrepresentation in the 
                                application for such certificate.
                                    ``(II) The applicant for or holder 
                                of the certification is not the real 
                                party in interest in the application or 
                                certificate of registration and the 
                                real party in interest is a person who 
                                has been refused issuance or renewal of 
                                a certificate, has had a certificate 
                                suspended or revoked, or does not 
                                qualify for a certificate under this 
                                paragraph.
                                    ``(III) The applicant for or holder 
                                of the certification has failed to 
                                comply with the Secure America and 
                                Orderly Immigration Act.
                    ``(C) Remedy for violations.--An employer engaging 
                in foreign labor contracting activity and a foreign 
                labor contractor that violates the provisions of this 
                subsection shall be subject to remedies for foreign 
                labor contractor violations under subsections (j) and 
                (k). If a foreign labor contractor acting as an agent 
                of an employer violates any provision of this 
                subsection, the employer shall also be subject to 
                remedies under subsections (j) and (k). An employer 
                that violates a provision of this subsection relating 
                to employer obligations shall be subject to remedies 
                under this subsections (j) and (k).
                    ``(D) Employer notification.--An employer shall 
                notify the Secretary of Labor any time the employer 
                becomes aware of a violation of this subsection by a 
                foreign labor recruiter.
                    ``(E) Written agreements.--No foreign labor 
                contractor shall violate the terms of any written 
                agreements made with an employer relating to any 
                contracting activity or worker protection under this 
                subsection.
                    ``(F) Bonding requirement.--The Secretary of Labor 
                may require a foreign labor contractor under this 
                subsection to post a bond in an amount sufficient to 
                ensure the protection of individuals recruited by the 
                foreign labor contractor. The Secretary may consider 
                the extent to which the foreign labor contractor has 
                sufficient ties to the United States to adequately 
                enforce this subsection.
    ``(j) Enforcement.--
            ``(1) In general.--The Secretary of Labor shall prescribe 
        regulations for the receipt, investigation, and disposition of 
        complaints by an aggrieved person respecting a violation of 
        this section.
            ``(2) Definition.--As used in this subsection, an 
        `aggrieved person' is a person adversely affected by the 
        alleged violation, including--
                    ``(A) a worker whose job, wages, or working 
                conditions are adversely affected by the violation; and
                    ``(B) a representative for workers whose jobs, 
                wages, or working conditions are adversely affected by 
                the violation who brings a complaint on behalf of such 
                worker.
            ``(3) Filing deadline.--No investigation or hearing shall 
        be conducted on a complaint concerning a violation under this 
        section unless the complaint was filed not later than 12 months 
        after the date of such violation.
            ``(4) Reasonable cause.--The Secretary of Labor shall 
        conduct an investigation under this subsection if there is 
        reasonable cause to believe that a violation of this section 
        has occurred. The process established under this subsection 
        shall provide that, not later than 30 days after a complaint is 
        filed, the Secretary shall determine if there is reasonable 
        cause to find such a violation.
            ``(5) Notice and hearing.--
                    ``(A) In general.--Not later than 60 days after the 
                Secretary of Labor makes a determination of reasonable 
                cause under paragraph (4), the Secretary shall issue a 
                notice to the interested parties and offer an 
                opportunity for a hearing on the complaint, in 
                accordance with section 556 of title 5, United States 
                Code.
                    ``(B) Complaint.--If the Secretary of Labor, after 
                receiving a complaint under this subsection, does not 
                offer the aggrieved party or organization an 
                opportunity for a hearing under subparagraph (A), the 
                Secretary shall notify the aggrieved party or 
                organization of such determination and the aggrieved 
                party or organization may seek a hearing on the 
                complaint in accordance with such section 556.
                    ``(C) Hearing deadline.--Not later than 60 days 
                after the date of a hearing under this paragraph, the 
                Secretary of Labor shall make a finding on the matter 
                in accordance with paragraph (6).
            ``(6) Attorneys' fees.--A complainant who prevails with 
        respect to a claim under this subsection shall be entitled to 
        an award of reasonable attorneys' fees and costs.
            ``(7) Power of the secretary.--The Secretary may bring an 
        action in any court of competent jurisdiction--
                    ``(A) to seek remedial action, including injunctive 
                relief;
                    ``(B) to recover the damages described in 
                subsection (k); or
                    ``(C) to ensure compliance with terms and 
                conditions described in subsection (i).
            ``(8) Solicitor of labor.--Except as provided in section 
        518(a) of title 28, United States Code, the Solicitor of Labor 
        may appear for and represent the Secretary of Labor in any 
        civil litigation brought under this subsection. All such 
        litigation shall be subject to the direction and control of the 
        Attorney General.
            ``(9) Procedures in addition to other rights of 
        employees.--The rights and remedies provided to workers under 
        this section are in addition to, and not in lieu of, any other 
        contractual or statutory rights and remedies of the workers, 
        and are not intended to alter or affect such rights and 
        remedies.
    ``(k) Penalties.--
            ``(1) In general.--If, after notice and an opportunity for 
        a hearing, the Secretary of Labor finds a violation of 
        subsection (h) or (i), the Secretary may impose administrative 
        remedies and penalties, including--
                    ``(A) back wages;
                    ``(B) fringe benefits; and
                    ``(C) civil monetary penalties.
            ``(2) Civil penalties.--The Secretary of Labor may impose, 
        as a civil penalty--
                    ``(A) for a violation of subsection (h)--
                            ``(i) a fine in an amount not to exceed 
                        $2,000 per violation per affected worker;
                            ``(ii) if the violation was willful 
                        violation, a fine in an amount not to exceed 
                        $5,000 per violation per affected worker;
                            ``(iii) if the violation was willful and if 
                        in the course of such violation a United States 
                        worker was harmed, a fine in an amount not to 
                        exceed $25,000 per violation per affected 
                        worker; and
                    ``(B) for a violation of subsection (i)--
                            ``(i) a fine in an amount not less than 
                        $500 and not more than $4,000 per violation per 
                        affected worker;
                            ``(ii) if the violation was willful, a fine 
                        in an amount not less than $2,000 and not more 
                        than $5,000 per violation per affected worker; 
                        and
                            ``(iii) if the violation was willful and if 
                        in the course of such violation a United States 
                        worker was harmed, a fine in an amount not less 
                        than $6,000 and not more than $35,000 per 
                        violation per affected worker.
            ``(3) Use of civil penalties.--All penalties collected 
        under this subsection shall be deposited in the Treasury in 
        accordance with section 286(w).
            ``(4) Criminal penalties.--If a willful and knowing 
        violation of subsection (i) causes extreme physical or 
        financial harm to an individual, the person in violation of 
        such subsection may be imprisoned for not more than 6 months, 
        fined not more than $35,000 fine, or both.''.

SEC. 305. MARKET-BASED NUMERICAL LIMITATIONS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(beginning with fiscal year 
                1992)'';
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) under section 101(a)(15)(H)(v)(a), may not 
                exceed--
                            ``(i) 400,000 for the first fiscal year in 
                        which the program is implemented;
                            ``(ii) in any subsequent fiscal year--
                                    ``(I) if the total number of visas 
                                allocated for that fiscal year are 
                                allotted within the first quarter of 
                                that fiscal year, then an additional 20 
                                percent of the allocated number shall 
                                be made available immediately and the 
                                allocated amount for the following 
                                fiscal year shall increase by 20 
                                percent of the original allocated 
                                amount in the prior fiscal year;
                                    ``(II) if the total number of visas 
                                allocated for that fiscal year are 
                                allotted within the second quarter of 
                                that fiscal year, then an additional 15 
                                percent of the allocated number shall 
                                be made available immediately and the 
                                allocated amount for the following 
                                fiscal year shall increase by 15 
                                percent of the original allocated 
                                amount in the prior fiscal year;
                                    ``(III) if the total number of 
                                visas allocated for that fiscal year 
                                are allotted within the third quarter 
                                of that fiscal year, then an additional 
                                10 percent of the allocated number 
                                shall be made available immediately and 
                                the allocated amount for the following 
                                fiscal year shall increase by 10 
                                percent of the original allocated 
                                amount in the prior fiscal year;
                                    ``(IV) if the total number of visas 
                                allocated for that fiscal year are 
                                allotted within the last quarter of 
                                that fiscal year, then the allocated 
                                amount for the following fiscal year 
                                shall increase by 10 percent of the 
                                original allocated amount in the prior 
                                fiscal year; and
                                    ``(V) with the exception of the 
                                first subsequent fiscal year to the 
                                fiscal year in which the program is 
                                implemented, if fewer visas were 
                                allotted the previous fiscal year than 
                                the number of visas allocated for that 
                                year and the reason was not due to 
                                processing delays or delays in 
                                promulgating regulations, then the 
                                allocated amount for the following 
                                fiscal year shall decrease by 10 
                                percent of the allocated amount in the 
                                prior fiscal year.''; and
            (2) by adding at the end the following:
            ``(9)(A) Of the total number of visas allocated for each 
        fiscal year under paragraph (1)(C)--
                    ``(i) 50,000 visas shall be allocated to qualifying 
                counties; and
                    ``(ii) any of the visas allocated under clause (i) 
                that are not issued by June 30 of such fiscal year, may 
                be made available to any qualified applicant.
            ``(B) In this paragraph, the term `qualifying county' means 
        any county that--
                    ``(i) that is outside a metropolitan statistical 
                area; and
                    ``(ii) during the 20-year-period ending on the last 
                day of the calendar year preceding the date of 
                enactment of the Secure America and Orderly Immigration 
                Act, experienced a net out-migration of inhabitants 
                from the county of at least 10 percent of the 
                population of the county at the beginning of such 
                period.
            ``(10) In allocating visas under this subsection, the 
        Secretary of State may take any additional measures necessary 
        to deter illegal immigration.''.

SEC. 306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n)(1) For purposes of adjustment of status under subsection (a), 
employment-based immigrant visas shall be made available to an alien 
having nonimmigrant status described in section 101(a)(15)(H)(v)(a) 
upon the filing of a petition for such a visa--
            ``(A) by the alien's employer; or
            ``(B) by the alien, if the alien has maintained such 
        nonimmigrant status in the United States for a cumulative total 
        of 4 years.
    ``(2) An alien having nonimmigrant status described in section 
101(a)(15)(H)(v)(a) may not apply for adjustment of status under this 
section unless the alien--
            ``(A) is physically present in the United States; and
            ``(B) the alien establishes that the alien--
                    ``(i) meets the requirements of section 312; or
                    ``(ii) is satisfactorily pursuing a course of study 
                to achieve such an understanding of English and 
                knowledge and understanding of the history and 
                government of the United States.
    ``(3) An alien who demonstrates that the alien meets the 
requirements of section 312 may be considered to have satisfied the 
requirements of that section for purposes of becoming naturalized as a 
citizen of the United States under title III.
    ``(4) Filing a petition under paragraph (1) on behalf of an alien 
or otherwise seeking permanent residence in the United States for such 
alien shall not constitute evidence of the alien's ineligibility for 
nonimmigrant status under section 101(a)(15)(H)(v)(a).
    ``(5) The limitation under section 302(d) regarding the period of 
authorized stay shall not apply to any alien having nonimmigrant status 
under section 101(a)(15)(H)(v)(a) if--
            ``(A) a labor certification petition filed under section 
        203(b) on behalf of such alien is pending; or
            ``(B) an immigrant visa petition filed under section 204(b) 
        on behalf of such alien is pending.
    ``(6) The Secretary of Homeland Security shall extend the stay of 
an alien who qualifies for an exemption under paragraph (5) in 1-year 
increments until a final decision is made on the alien's lawful 
permanent residence.
    ``(7) Nothing in this subsection shall be construed to prevent an 
alien having nonimmigrant status described in section 
101(a)(15)(H)(v)(a) from filing an application for adjustment of status 
under this section in accordance with any other provision of law.''.

SEC. 307. ESSENTIAL WORKER VISA PROGRAM TASK FORCE.

    (a) Establishment of Task Force.--
            (1) In general.--There is established a task force to be 
        known as the Essential Worker Visa Program Task Force (referred 
        to in this section as the ``Task Force'').
            (2) Purposes.--The purposes of the Task Force are--
                    (A) to study the Essential Worker Visa Program 
                (referred to in this section as the ``Program'') 
                established under this title; and
                    (B) to make recommendations to Congress with 
                respect to such program.
            (3) Membership.--The Task Force shall be composed of 10 
        members, of whom--
                    (A) 1 shall be appointed by the President and shall 
                serve as chairman of the Task Force;
                    (B) 1 shall be appointed by the leader of the 
                Democratic Party in the Senate, in consultation with 
                the leader of the Democratic Party in the House of 
                Representatives, and shall serve as vice chairman of 
                the Task Force;
                    (C) 2 shall be appointed by the majority leader of 
                the Senate;
                    (D) 2 shall be appointed by the minority leader of 
                the Senate;
                    (E) 2 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (F) 2 shall be appointed by the minority leader of 
                the House of Representatives.
            (4) Qualifications.--
                    (A) In general.--Members of the Task Force shall 
                be--
                            (i) individuals with expertise in 
                        economics, demography, labor, business, or 
                        immigration or other pertinent qualifications 
                        or experience; and
                            (ii) representative of a broad cross-
                        section of perspectives within the United 
                        States, including the public and private 
                        sectors and academia;
                    (B) Political affiliation.--Not more than 5 members 
                of the Task Force may be members of the same political 
                party.
                    (C) Nongovernmental appointees.--An individual 
                appointed to the Task Force may not be an officer or 
                employee of the Federal Government or of any State or 
                local government.
            (5) Deadline for appointment.--All members of the Task 
        Force shall be appointed not later than 6 months after the 
        Program has been implemented.
            (6) Vacancies.--Any vacancy in the Task Force shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (7) Meetings.--
                    (A) Initial meeting.--The Task Force shall meet and 
                begin the operations of the Task Force as soon as 
                practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Task Force shall meet upon the call of the 
                chairman or a majority of its members.
            (8) Quorum.--Six members of the Task Force shall constitute 
        a quorum.
    (b) Duties.--The Task Force shall examine and make recommendations 
regarding the Program, including recommendations regarding--
            (1) the development and implementation of the Program;
            (2) the criteria for the admission of temporary workers 
        under the Program;
            (3) the formula for determining the yearly numerical 
        limitations of the Program;
            (4) the impact of the Program on immigration;
            (5) the impact of the Program on the United States 
        workforce and United States businesses; and
            (6) any other matters regarding the Program that the Task 
        Force considers appropriate.
    (c) Information and Assistance From Federal Agencies.--
            (1) Information from federal agencies.--The Task Force may 
        seek directly from any Federal department or agency such 
        information, including suggestions, estimates, and statistics, 
        as the Task Force considers necessary to carry out the 
        provisions of this section. Upon request of the Task Force, the 
        head of such department or agency shall furnish such 
        information to the Task Force.
            (2) Assistance from federal agencies.--The Administrator of 
        General Services shall, on a reimbursable base, provide the 
        Task Force with administrative support and other services for 
        the performance of the Task Force's functions. The departments 
        and agencies of the United States may provide the Task Force 
        with such services, funds, facilities, staff, and other support 
        services as they determine advisable and as authorized by law.
    (d) Reports.--
            (1) Initial report.--Not later than 2 years after the 
        Program has been implemented, the Task Force shall submit a 
        report to Congress, the Secretary of State, the Secretary of 
        Labor, and the Secretary of Homeland Security that contains--
                    (A) findings with respect to the duties of the Task 
                Force;
                    (B) recommendations for improving the Program; and
                    (C) suggestions for legislative or administrative 
                action to implement the Task Force recommendations.
            (2) Final report.--Not later than 4 years after the 
        submission of the initial report under paragraph (1), the Task 
        Force shall submit a final report to Congress, the Secretary of 
        State, the Secretary of Labor, and the Secretary of Homeland 
        Security that contains additional findings, recommendations, 
        and suggestions, as described in paragraph (1).

SEC. 308. WILLING WORKER-WILLING EMPLOYER ELECTRONIC JOB REGISTRY.

    (a) Establishment.--The Secretary of Labor shall direct the 
coordination and modification of the national system of public labor 
exchange services (commonly known as ``America's Job Bank'') in 
existence on the date of enactment of this Act to provide information 
on essential worker employment opportunities available to United States 
workers and nonimmigrant workers under section 101(a)(15)(H)(v)(a) of 
the Immigration and Nationality Act, as added by this Act.
    (b) Recruitment of United States Workers.--Before the completion of 
evidence of employment for a potential nonimmigrant worker under 
section 101(a)(15)(H)(v)(a) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(v)(a), an employer shall attest that the employer 
has posted in the Job Registry for not less than 30 days in order to 
recruit United States workers. An employer shall maintain records for 
not less than 1 year demonstrating why United States workers who 
applied were not hired.
    (c) Oversight and Maintenance of Records.--The Secretary of Labor 
shall maintain electronic job registry records, as established by 
regulation, for the purpose of audit or investigation.
    (d) Access to Job Registry.--
            (1) Circulation in interstate employment service system.--
        The Secretary of Labor shall ensure that job opportunities 
        advertised on the electronic job registry established under 
        this section are accessible by the State workforce agencies, 
        which may further disseminate job opportunity information to 
        other interested parties.
            (2) Internet.--The Secretary of Labor shall ensure that the 
        Internet-based electronic job registry established or approved 
        under this section may be accessed by workers, employers, labor 
        organizations, and other interested parties.

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of State 
such sums as may be necessary to carry out this title and the 
amendments made by this title for the period beginning on the date of 
enactment of this Act and ending on the last day of the sixth fiscal 
year beginning after the effective date of the regulations promulgated 
by the Secretary to implement this title.

                         TITLE IV--ENFORCEMENT

SEC. 401. DOCUMENT AND VISA REQUIREMENTS.

    (a) In General.--Section 221(a) of the Immigration and Nationality 
Act (8 U.S.C. 1201(a)) is amended by adding at the end the following:
    ``(3) Visas and immigration related document requirements.--
            ``(A) Visas issued by the Secretary of State and 
        immigration related documents issued by the Secretary of State 
        or the Secretary of Homeland Security shall comply with 
        authentication and biometric standards recognized by domestic 
        and international standards organizations.
            ``(B) Such visas and documents shall--
                    ``(i) be machine-readable and tamper-resistant;
                    ``(ii) use biometric identifiers that are 
                consistent with the requirements of section 303 of the 
                Enhanced Border Security and Visa Entry Reform Act of 
                2002 (8 U.S.C. 1732), and represent the benefits and 
                status set forth in such section;
                    ``(iii) comply with the biometric and document 
                identifying standards established by the International 
                Civil Aviation Organization; and
                    ``(iv) be compatible with the United States Visitor 
                and Immigrant Status Indicator Technology and the 
                employment verification system established under 
                section 274E.
            ``(C) The information contained on the visas or immigration 
        related documents described in subparagraph (B) shall include--
                    ``(i) the alien's name, date and place of birth, 
                alien registration or visa number, and, if applicable, 
                social security number;
                    ``(ii) the alien's citizenship and immigration 
                status in the United States; and
                    ``(iii) the date that such alien's authorization to 
                work in the United States expires, if appropriate.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 6 months after the date of enactment of 
this Act.

SEC. 402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

    (a) In General.--Chapter 8 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after 
section 274D the following:

                        ``employment eligibility

    ``Sec. 274E. (a) Employment Eligibility Confirmation System.--
            ``(1) In general.--The Commissioner of Social Security, in 
        consultation and coordination with the Secretary of Homeland 
        Security, shall establish an Employment Eligibility 
        Confirmation System (referred to in this section as the 
        `System') through which the Commissioner responds to inquiries 
        made by employers who have hired individuals concerning each 
        individual's identity and employment authorization.
            ``(2) Maintenance of records.--The Commissioner shall 
        electronically maintain records by which compliance under the 
        System may be verified.
            ``(3) Objectives of the system.--The System shall--
                    ``(A) facilitate the eventual transition for all 
                businesses from the employer verification system 
                established in section 274A with the System;
                    ``(B) utilize, as a central feature of the System, 
                machine-readable documents that contain encrypted 
                electronic information to verify employment 
                eligibility; and
                    ``(C) provide for the evidence of employment 
                required under section 218A.
            ``(4) Initial response.--The System shall provide--
                    ``(A) confirmation or a tentative nonconfirmation 
                of an individual's identity and employment eligibility 
                not later than 1 working day after the initial inquiry; 
                and
                    ``(B) an appropriate code indicating such 
                confirmation or tentative nonconfirmation.
            ``(5) Secondary verification process in case of tentative 
        nonconfirmation.--
                    ``(A) Establishment.--For cases of tentative 
                nonconfirmation, the Commissioner of Social Security, 
                in consultation and coordination with the Secretary of 
                Homeland Security, shall establish a secondary 
                verification process. The employer shall make the 
                secondary verification inquiry not later than 10 days 
                after receiving a tentative nonconfirmation.
                    ``(B) Discrepancies.--If an employee chooses to 
                contest a secondary nonconfirmation, the employer shall 
                provide the employee with a referral letter and 
                instruct the employee to visit an office of the 
                Department of Homeland Security or the Social Security 
                Administration to resolve the discrepancy not later 
                than 10 working days after the receipt of such referral 
                letter in order to obtain confirmation.
                    ``(C) Failure to contest.--An individual's failure 
                to contest a confirmation shall not constitute 
                knowledge (as defined in section 274a.1(l) of title 8, 
                Code of Federal Regulations.
            ``(6) Design and operation of system.--The System shall be 
        designed, implemented, and operated--
                    ``(A) to maximize its reliability and ease of use 
                consistent with protecting the privacy and security of 
                the underlying information through technical and 
                physical safeguards;
                    ``(B) to allow employers to verify that a newly 
                hired individual is authorized to be employed;
                    ``(C) to permit individuals to--
                            ``(i) view their own records in order to 
                        ensure the accuracy of such records; and
                            ``(ii) contact the appropriate agency to 
                        correct any errors through an expedited process 
                        established by the Commissioner of Social 
                        Security, in consultation and coordination with 
                        the Secretary of Homeland Security; and
                    ``(D) to prevent discrimination based on national 
                origin or citizenship status under section 274B.
            ``(7) Unlawful uses of system.--It shall be an unlawful 
        immigration-related employment practice--
                    ``(A) for employers or other third parties to use 
                the System selectively or without authorization;
                    ``(B) to use the System prior to an offer of 
                employment;
                    ``(C) to use the System to exclude certain 
                individuals from consideration for employment as a 
                result of a perceived likelihood that additional 
                verification will be required, beyond what is required 
                for most job applicants;
                    ``(D) to use the System to deny certain employment 
                benefits, otherwise interfere with the labor rights of 
                employees, or any other unlawful employment practice; 
                or
                    ``(E) to take adverse action against any person, 
                including terminating or suspending an employee who has 
                received a tentative nonconfirmation.
    ``(b) Employment Eligibility Database.--
            ``(1) Requirement.--The Commissioner of Social Security, in 
        consultation and coordination with the Secretary of Homeland 
        Security and other appropriate agencies, shall design, 
        implement, and maintain an Employment Eligibility Database 
        (referred to in this section as the `Database') as described in 
        this subsection.
            ``(2) Data.--The Database shall include, for each 
        individual who is not a citizen or national of the United 
        States, but is authorized or seeking authorization to be 
        employed in the United States, the individual's--
                    ``(A) country of origin;
                    ``(B) immigration status;
                    ``(C) employment eligibility;
                    ``(D) occupation;
                    ``(E) metropolitan statistical area of employment;
                    ``(F) annual compensation paid;
                    ``(G) period of employment eligibility;
                    ``(H) employment commencement date; and
                    ``(I) employment termination date.
            ``(3) Reverification of employment eligibility.--The 
        Commissioner of Social Security shall prescribe, by regulation, 
        a system to annually reverify the employment eligibility of 
        each individual described in this section--
                    ``(A) by utilizing the machine-readable documents 
                described in section 221(a)(3); or
                    ``(B) if machine-readable documents are not 
                available, by telephonic or electronic communication.
            ``(4) Confidentiality.--
                    ``(A) Access to database.--No officer or employee 
                of any agency or department of the United States, other 
                than individuals responsible for the verification of 
                employment eligibility or for the evaluation of the 
                employment verification program at the Social Security 
                Administration, the Department of Homeland Security, 
                and the Department of Labor, may have access to any 
                information contained in the Database.
                    ``(B) Protection from unauthorized disclosure.--
                Information in the Database shall be adequately 
                protected against unauthorized disclosure for other 
                purposes, as provided in regulations established by the 
                Commissioner of Social Security, in consultation with 
                the Secretary of Homeland Security and the Secretary of 
                Labor.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        design, implement, and maintain the Database.
    ``(c) Gradual Implementation.--The Commissioner of Social Security, 
in coordination with the Secretary of Homeland Security and the 
Secretary of Labor shall develop a plan to phase all workers into the 
Database and phase out the employer verification system established in 
section 274A over a period of time that the Commissioner determines to 
be appropriate.
    ``(d) Employer Responsibilities.--Each employer shall--
            ``(1) notify employees and prospective employees of the use 
        of the System and that the System may be used for immigration 
        enforcement purposes;
            ``(2) verify the identification and employment 
        authorization status for newly hired individuals described in 
        section 101(a)(15)(H)(v)(a) not later than 3 days after the 
        date of hire;
            ``(3) use--
                    ``(A) a machine-readable document described in 
                subsection (a)(3)(B); or
                    ``(B) the telephonic or electronic system to access 
                the Database;
            ``(4) provide, for each employer hired, the occupation, 
        metropolitan statistical area of employment, and annual 
        compensation paid;
            ``(5) retain the code received indicating confirmation or 
        nonconfirmation, for use in investigations described in section 
        212(n)(2); and
            ``(6) provide a copy of the employment verification receipt 
        to such employees.
    ``(e) Good-Faith Compliance.--
            ``(1) Affirmative defense.--A person or entity that 
        establishes good faith compliance with the requirements of this 
        section with respect to the employment of an individual in the 
        United States has established an affirmative defense that the 
        person or entity has not violated this section.
            ``(2) Limitation.--Paragraph (1) shall not apply if a 
        person or entity engages in an unlawful immigration-related 
        employment practice described in subsection (a)(7).''.
    (b) Interim Directive.--Before the implementation of the Employment 
Eligibility Confirmation System (referred to in this section as the 
``System'') established under section 274E of the Immigration and 
Nationality Act, as added by subsection (a), the Commissioner of Social 
Security, in coordination with the Secretary of Homeland Security, 
shall, to the maximum extent practicable, implement an interim system 
to confirm employment eligibility that is consistent with the 
provisions of such section.
    (c) Reports.--
            (1) In general.--Not later than 3 months after the last day 
        of the second year and of the third year that the System is in 
        effect, the Comptroller General of the United States shall 
        submit to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives a 
        report on the System.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an assessment of the impact of the System on 
                the employment of unauthorized workers;
                    (B) an assessment of the accuracy of the Employment 
                Eligibility Database maintained by the Department of 
                Homeland Security and Social Security Administration 
                databases, and timeliness and accuracy of responses 
                from the Department of Homeland Security and the Social 
                Security Administration to employers;
                    (C) an assessment of the privacy, confidentiality, 
                and system security of the System;
                    (D) assess whether the System is being implemented 
                in a nondiscriminatory manner; and
                    (E) include recommendations on whether or not the 
                System should be modified.

SEC. 403. IMPROVED ENTRY AND EXIT DATA SYSTEM.

    Section 110 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1365a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C), by striking ``Justice'' 
                and inserting ``Homeland Security'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(6) collects the biometric machine-readable information 
        from an alien's visa or immigration-related document described 
        in section 221(a)(3) of the Immigration and Nationality Act (8 
        U.S.C. 1201(a)(3) at the time an alien arrives in the United 
        States and at the time an alien departs from the United States 
        to determine if such alien is entering, or is present in, the 
        United States unlawfully.''; and
            (3) in subsection (f)(1), by striking ``Departments of 
        Justice and State'' and inserting ``Department of Homeland 
        Security and the Department of State''.

SEC. 404. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

    Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(2)) is amended--
            (1) by redesignating subparagraph (H) as subparagraph (J); 
        and
            (2) by inserting after subparagraph (G) the following:
            ``(H)(i) The Secretary of Labor may initiate an 
        investigation of any employer that employs nonimmigrants 
        described in section 101(a)(15)(H)(v)(a) if the Secretary, or 
        the Secretary's designee--
                    ``(I) certifies that reasonable cause exists to 
                believe that the employer is out of compliance with the 
                Secure America and Orderly Immigration Act or section 
                274E; and
                    ``(II) approves the commencement of the 
                investigation.
            ``(ii) In determining whether reasonable cause exists to 
        initiate an investigation under this section, the Secretary 
        shall--
                    ``(I) monitor the Willing Worker-Willing Employer 
                Electronic Job Registry;
                    ``(II) monitor the Employment Eligibility 
                Confirmation System, taking into consideration 
                whether--
                            ``(aa) an employer's submissions to the 
                        System generate a high volume of tentative 
                        nonconfirmation responses relative to other 
                        comparable employers;
                            ``(bb) an employer rarely or never screens 
                        hired individuals;
                            ``(cc) individuals employed by an employer 
                        rarely or never pursue a secondary verification 
                        process as established in section 274E; or
                            ``(dd) any other indicators of illicit, 
                        inappropriate or discriminatory use of the 
                        System, especially those described in section 
                        274E(a)(6)(D), exist; and
                    ``(III) consider any additional evidence that the 
                Secretary determines appropriate.
            ``(iii) Absent other evidence of noncompliance, an 
        investigation under this subparagraph should not be initiated 
        for lack of completeness or obvious inaccuracies by the 
        employer in complying with section 101(a)(15)(H)(v)(a).''.

SEC. 405. PROTECTION OF EMPLOYMENT RIGHTS.

    The Secretary and the Secretary of Homeland Security shall 
establish a process under which a nonimmigrant worker described in 
clause (ii)(b) or (v)(a) of section 101(a)(15)(H) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)) who files a nonfrivolous 
complaint regarding a violation of this section and is otherwise 
eligible to remain and work in the United States may be allowed to seek 
other appropriate employment in the United States with an employer for 
a period not to exceed the maximum period of stay authorized for that 
nonimmigrant classification.

SEC. 406. INCREASED FINES FOR PROHIBITED BEHAVIOR.

    Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1324b(g)(2)(B)(iv)) is amended--
            (1) in subclause (I), by striking ``not less than $250 and 
        not more than $2,000'' and inserting ``not less than $500 and 
        not more than $4,000'';
            (2) in subclause (II), by striking ``not less than $2,000 
        and not more than $5,000'' and inserting ``not less than $4,000 
        and not more than $10,000''; and
            (3) in subclause (III), by striking ``not less than $3,000 
        and not more than $10,000'' and inserting ``not less than 
        $6,000 and not more than $20,000''.

             TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS

SEC. 501. LABOR MIGRATION FACILITATION PROGRAMS.

    (a) Authority for Program.--
            (1) In general.--The Secretary of State is authorized to 
        enter into an agreement to establish and administer a labor 
        migration facilitation program jointly with the appropriate 
        official of a foreign government whose citizens participate in 
        the temporary worker program authorized under section 
        101(a)(15)(H)(v)(a) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(v)(a)).
            (2) Priority.--In establishing programs under subsection 
        (a), the Secretary of State shall place a priority on 
        establishing such programs with foreign governments that have a 
        large number of nationals working as temporary workers in the 
        United States under such section 101(a)(15)(H)(v)(a). The 
        Secretary shall enter into such agreements not later than 3 
        months after the date of enactment of this Act or as soon 
        thereafter as is practicable.
            (3) Elements of program.--A program established under 
        paragraph (1) may provide for--
                    (A) the Secretary of State, in conjunction with the 
                Secretary of Homeland Security and the Secretary of 
                Labor, to confer with a foreign government--
                            (i) to establish and implement a program to 
                        assist temporary workers from such a country to 
                        obtain nonimmigrant status under such section 
                        101(a)(15)(H)(v)(a);
                            (ii) to establish programs to create 
                        economic incentives for aliens to return to 
                        their home country;
                    (B) the foreign government to monitor the 
                participation of its nationals in such a temporary 
                worker program, including departure from and return to 
                a foreign country;
                    (C) the foreign government to develop and promote a 
                reintegration program available to such individuals 
                upon their return from the United States;
                    (D) the foreign government to promote or facilitate 
                travel of such individuals between the country of 
                origin and the United States; and
                    (E) any other matters that the foreign government 
                and United States find appropriate to enable such 
                individuals to maintain strong ties to their country of 
                origin.

SEC. 502. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION PRESSURES 
              AND COSTS.

    (a) Findings.--Congress makes the following findings:
            (1) Migration from Mexico to the United States is directly 
        linked to the degree of economic opportunity and the standard 
        of living in Mexico.
            (2) Mexico comprises a prime source of migration to the 
        United States.
            (3) Remittances from Mexican citizens working in the United 
        States reached a record high of nearly $17,000,000,000 in 2004.
            (4) Migration patterns may be reduced from Mexico to the 
        United States by addressing the degree of economic opportunity 
        available to Mexican citizens.
            (5) Many Mexican assets are held extra-legally and cannot 
        be readily used as collateral for loans.
            (6) A majority of Mexican businesses are small or medium 
        size with limited access to financial capital.
            (7) These factors constitute a major impediment to broad-
        based economic growth in Mexico.
            (8) Approximately 20 percent of Mexico's population works 
        in agriculture, with the majority of this population working on 
        small farms and few on large commercial enterprises.
            (9) The Partnership for Prosperity is a bilateral 
        initiative launched jointly by the President of the United 
        States and the President of Mexico in 2001, which aims to boost 
        the social and economic standards of Mexican citizens, 
        particularly in regions where economic growth has lagged and 
        emigration has increased.
            (10) The Presidents of Mexico and the United States and the 
        Prime Minister of Canada, at their trilateral summit on March 
        23, 2005, agreed to promote economic growth, competitiveness, 
        and quality of life in the agreement on Security and Prosperity 
        Partnership of North America.
    (b) Sense of Congress Regarding Partnership for Prosperity.--It is 
the sense of Congress that the United States and Mexico should 
accelerate the implementation of the Partnership for Prosperity to help 
generate economic growth and improve the standard of living in Mexico, 
which will lead to reduced migration, by--
            (1) increasing access for poor and under served populations 
        in Mexico to the financial services sector, including credit 
        unions;
            (2) assisting Mexican efforts to formalize its extra-legal 
        sector, including the issuance of formal land titles, to enable 
        Mexican citizens to use their assets to procure capital;
            (3) facilitating Mexican efforts to establish an effective 
        rural lending system for small- and medium-sized farmers that 
        will--
                    (A) provide long term credit to borrowers;
                    (B) develop a viable network of regional and local 
                intermediary lending institutions; and
                    (C) extend financing for alternative rural economic 
                activities beyond direct agricultural production;
            (4) expanding efforts to reduce the transaction costs of 
        remittance flows in order to increase the pool of savings 
        available to help finance domestic investment in Mexico;
            (5) encouraging Mexican corporations to adopt 
        internationally recognized corporate governance practices, 
        including anti-corruption and transparency principles;
            (6) enhancing Mexican efforts to strengthen governance at 
        all levels, including efforts to improve transparency and 
        accountability, and to eliminate corruption, which is the 
        single biggest obstacle to development;
            (7) assisting the Government of Mexico in implementing all 
        provisions of the Inter-American Convention Against Corruption 
        (ratified by Mexico on May 27, 1997) and urging the Government 
        of Mexico to participate fully in the Convention's formal 
        implementation monitoring mechanism;
            (8) helping the Government of Mexico to strengthen 
        education and training opportunities throughout the country, 
        with a particular emphasis on improving rural education; and
            (9) encouraging the Government of Mexico to create 
        incentives for persons who have migrated to the United States 
        to return to Mexico.
    (c) Sense of Congress Regarding Bilateral Partnership on Health 
Care.--It is the sense of Congress that the Government of the United 
States and the Government of Mexico should enter into a partnership to 
examine uncompensated and burdensome health care costs incurred by the 
United States due to legal and illegal immigration, including--
            (1) increasing health care access for poor and under served 
        populations in Mexico;
            (2) assisting Mexico in increasing its emergency and trauma 
        health care facilities along the border, with emphasis on 
        expanding prenatal care in the United States-Mexico border 
        region;
            (3) facilitating the return of stable, incapacitated 
        workers temporarily employed in the United States to Mexico in 
        order to receive extended, long-term care in their home 
        country; and
            (4) helping the Government of Mexico to establish a program 
        with the private sector to cover the health care needs of 
        Mexican nationals temporarily employed in the United States.

              TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION

SEC. 601. ELIMINATION OF EXISTING BACKLOGS.

    (a) Family-Sponsored Immigrants.--Section 201(c) of the Immigration 
and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to the sum of--
            ``(1) 480,000;
            ``(2) the difference between the maximum number of visas 
        authorized to be issued under this subsection during the 
        previous fiscal year and the number of visas issued during the 
        previous fiscal year; and
            ``(3) the difference between--
                    ``(A) the maximum number of visas authorized to be 
                issued under this subsection during fiscal years 2001 
                through 2005 minus the number of visas issued under 
                this subsection during those years; and
                    ``(B) the number of visas described in subparagraph 
                (A) that were issued after fiscal year 2005.''.
    (b) Employment-Based Immigrants.--Section 201(d) of the Immigration 
and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is equal to the sum of--
            ``(1) 290,000;
            ``(2) the difference between the maximum number of visas 
        authorized to be issued under this subsection during the 
        previous fiscal year and the number of visas issued during the 
        previous fiscal year; and
            ``(3) the difference between--
                    ``(A) the maximum number of visas authorized to be 
                issued under this subsection during fiscal years 2001 
                through 2005 and the number of visa numbers issued 
                under this subsection during those years; and
                    ``(B) the number of visas described in subparagraph 
                (A) that were issued after fiscal year 2005.''.

SEC. 602. COUNTRY LIMITS.

    Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``, (4), and (5)'' and inserting 
                ``and (4)''; and
                    (B) by striking ``7 percent (in the case of a 
                single foreign state) or 2 percent'' and inserting ``10 
                percent (in the case of a single foreign state) or 5 
                percent''; and
            (2) by striking paragraph (5).

SEC. 603. ALLOCATION OF IMMIGRANT VISAS.

    (a) Preference Allocation for Family-Sponsored Immigrants.--Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is 
amended to read as follows:
    ``(a) Preference Allocations for Family-Sponsored Immigrants.--
Aliens subject to the worldwide level specified in section 201(c) for 
family-sponsored immigrants shall be allocated visas as follows:
            ``(1) Unmarried sons and daughters of citizens.--Qualified 
        immigrants who are the unmarried sons or daughters of citizens 
        of the United States shall be allocated visas in a quantity not 
        to exceed 10 percent of such worldwide level plus any visas not 
        required for the class specified in paragraph (4).
            ``(2) Spouses and unmarried sons and daughters of permanent 
        resident aliens.--Visas in a quantity not to exceed 50 percent 
        of such worldwide level plus any visas not required for the 
        class specified in paragraph (1) shall be allocated to 
        qualified immigrants--
                    ``(A) who are the spouses or children of an alien 
                lawfully admitted for permanent residence, which visas 
                shall constitute not less than 77 percent of the visas 
                allocated under this paragraph; or
                    ``(B) who are the unmarried sons or daughters of an 
                alien lawfully admitted for permanent residence.
            ``(3) Married sons and daughters of citizens.--Qualified 
        immigrants who are the married sons and daughters of citizens 
        of the United States shall be allocated visas in a quantity not 
        to exceed 10 percent of such worldwide level plus any visas not 
        required for the classes specified in paragraphs (1) and (2).
            ``(4) Brothers and sisters of citizens.--Qualified 
        immigrants who are the brothers or sisters of citizens of the 
        United States who are at least 21 years of age shall be 
        allocated visas in a quantity not to exceed 30 percent of the 
        worldwide level plus any visas not required for the classes 
        specified in paragraphs (1) through (3).''.
    (b) Preference Allocation for Employment-based Immigrants.--Section 
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is 
amended--
            (1) in paragraph (1), by striking ``28.6 percent'' and 
        inserting ``20 percent'';
            (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
        inserting ``20 percent'';
            (3) in paragraph (3)(A)--
                    (A) by striking ``28.6 percent'' and inserting ``35 
                percent''; and
                    (B) by striking clause (iii);
            (4) by striking paragraph (4);
            (5) by redesignating paragraph (5) as paragraph (4);
            (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
        percent'' and inserting ``5 percent'';
            (7) by inserting after paragraph (4), as redesignated, the 
        following:
            ``(5) Other workers.--Visas shall be made available, in a 
        number not to exceed 30 percent of such worldwide level, plus 
        any visa numbers not required for the classes specified in 
        paragraphs (1) through (4), to qualified immigrants who are 
        capable, at the time of petitioning for classification under 
        this paragraph, of performing unskilled labor that is not of a 
        temporary or seasonal nature, for which qualified workers are 
        determined to be unavailable in the United States, or to 
        nonimmigrants under section 101(a)(15)(H)(v)(a).''; and
            (8) by striking paragraph (6).
    (c) Conforming Amendments.--
            (1) Definition of special immigrant.--Section 101(a)(27)(M) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(27)(M)) is amended by striking ``subject to the 
        numerical limitations of section 203(b)(4),''.
            (2) Repeal of temporary reduction in workers' visas.--
        Section 203(e) of the Nicaraguan Adjustment and Central 
        American Relief Act (8 U.S.C. 1153 note) is repealed.

SEC. 604. RELIEF FOR CHILDREN AND WIDOWS.

    (a) In General.--Section 201(b)(2)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking 
``spouses, and parents of a citizen of the United States'' and 
inserting ``(and their children who are accompanying or following to 
join them), the spouses (and their children who are accompanying or 
following to join them), and the parents of a citizen of the United 
States (and their children who are accompanying or following to join 
them)''.
    (b) Petition.--Section 204(a)(1)(A)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1154 (a)(1)(A)(ii) is amended by inserting 
``or an alien child or alien parent described in the third sentence of 
section 201(b)(2)(A)(i)'' after ``section 201(b)(2)(A)(i)''.
    (c) Adjustment of Status.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
    ``(n) Applications for Adjustment of Status by Surviving Spouses, 
Children, and Parents.--
            ``(1) In general.--Notwithstanding subsections (a) and (c) 
        (except subsection (c)(6)), any alien described in paragraph 
        (2) who applied for adjustment of status prior to the death of 
        the qualifying relative, may have such application adjudicated 
        as if such death had not occurred.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) is an immediate relative (as defined in 
                section 201(b)(2)(A)(i));
                    ``(B) is a family-sponsored immigrant (as described 
                in subsection (a) or (d) of section 203);
                    ``(C) is a derivative beneficiary of an employment-
                based immigrant under section 203(b), as described in 
                section 203(d); or
                    ``(D) is a derivative beneficiary of a diversity 
                immigrant (as described in section 203(c)).''.
    (d) Transition Period.--Notwithstanding a denial of an application 
for adjustment of status not more than 2 years before the date of 
enactment of this Act, in the case of an alien whose qualifying 
relative died before the date of enactment of this Act, such 
application may be renewed by the alien through a motion to reopen, 
without fee, filed not later than 1 year after the date of enactment of 
this Act.

SEC. 605. AMENDING THE AFFIDAVIT OF SUPPORT REQUIREMENTS.

    Section 213A of the Immigration and Nationality Act (8 U.S.C. 
1183a) is amended--
            (1) in subsection (a)(1)(A), by striking ``125'' and 
        inserting ``100''; and
            (2) in subsection (f), by striking ``125'' each place it 
        appears and inserting ``100''.

SEC. 606. DISCRETIONARY AUTHORITY.

    Section 212(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(i)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2)(A) The Secretary of Homeland Security may waive the 
        application of subsection (a)(6)(C)--
                    ``(i) in the case of an immigrant who is the 
                spouse, parent, son, or daughter of a United States 
                citizen or of an alien lawfully admitted for permanent 
                residence, if the Secretary of Homeland Security 
                determines that the refusal of admission to the United 
                States of such immigrant alien would result in extreme 
                hardship to the citizen or lawfully resident spouse, 
                child, son, daughter, or parent of such an alien; or
                    ``(ii) in the case of an alien granted 
                classification under clause (iii) or (iv) of section 
                204(a)(1)(A) or clause (ii) or (iii) of section 
                204(a)(1)(B), the alien demonstrates extreme hardship 
                to the alien or the alien's parent or child if, such 
                parent or child is a United States citizen, a lawful 
                permanent resident, or a qualified alien.
            ``(B) An alien who is granted a waiver under subparagraph 
        (A) shall pay a $2,000 fine.''.

SEC. 607. FAMILY UNITY.

    Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)) is amended--
            (1) in subparagraph (B)(iii)(I), by striking ``18'' and 
        inserting ``21''; and
            (2) in subparagraph (C)(ii)--
                    (A) by redesignating subclauses (1) and (2) as 
                subclauses (I) and (II); and
                    (B) in subclause (II), as redesignated, by 
                redesignating items (A), (B), (C), and (D) as items 
                (aa), (bb), (cc), and (dd); and
            (3) by adding at the end the following:
                    ``(D) Waiver.--
                            ``(i) In general.--The Secretary may waive 
                        the application of subparagraphs (B) and (C) 
                        for an alien who is a beneficiary of a petition 
                        filed under sections 201 and 203 if such 
                        petition was filed on or before the date of 
                        introduction of Secure America and Orderly 
                        Immigration Act.
                            ``(ii) Fine.--An alien who is granted a 
                        waiver under clause (i) shall pay a $2,000 
                        fine.''.

                     TITLE VII--H-5B NONIMMIGRANTS

SEC. 701. H-5B NONIMMIGRANTS.

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

                          ``h-5b nonimmigrants

    ``Sec. 250A. (a) In General.--The Secretary of Homeland Security 
shall adjust the status of an alien to that of a nonimmigrant under 
section 101(a)(15)(H)(v)(b) if the alien--
            ``(1) submits an application for such adjustment; and
            ``(2) meets the requirements of this section.
    ``(b) Presence in the United States.--The alien shall establish 
that the alien--
            ``(1) was present in the United States before the date on 
        which the Secure America and Orderly Immigration Act was 
        introduced, and has been continuously in the United States 
        since such date; and
            ``(2) was not legally present in the United States on the 
        date on which the Secure America and Orderly Immigration Act 
        was introduced under any classification set forth in section 
        101(a)(15).
    ``(c) Spouses and Children.--Notwithstanding any other provision of 
law, the Secretary of Homeland Security shall, if the person is 
otherwise eligible under subsection (b)--
            ``(1) adjust the status to that of a nonimmigrant under 
        section 101(a)(15)(H)(v)(b) for, or provide a nonimmigrant visa 
        to, the spouse or child of an alien who is provided 
        nonimmigrant status under section 101(a)(15)(H)(v)(b); or
            ``(2) adjust the status to that of a nonimmigrant under 
        section 101(a)(15)(H)(v)(b) for an alien who, before the date 
        on which the Secure America and Orderly Immigration Act was 
        introduced in Congress, was the spouse or child of an alien who 
        is provided nonimmigrant status under section 
        101(a)(15)(H)(v)(b), or is eligible for such status, if--
                    ``(A) the termination of the qualifying 
                relationship was connected to domestic violence; and
                    ``(B) the spouse or child has been battered or 
                subjected to extreme cruelty by the spouse or parent 
                alien who is provided nonimmigrant status under section 
                101(a)(15)(H)(v)(b).
    ``(d) Other Criteria.--
            ``(1) In general.--An alien may be granted nonimmigrant 
        status under section 101(a)(15)(H)(v)(b), or granted status as 
        the spouse or child of an alien eligible for such status under 
        subsection (c), if the alien establishes that the alien--
                    ``(A) is not inadmissible to the United States 
                under section 212(a), except as provided in paragraph 
                (2); or
                    ``(B) has not 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.
            ``(2) Grounds of inadmissibility.--In determining an 
        alien's admissibility under paragraph (1)(A)--
                    ``(A) paragraphs (5), (6)(A), (6)(B), (6)(C), 
                (6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a) 
                shall not apply for conduct that occurred before the 
                date on which the Secure America and Orderly 
                Immigration Act was introduced;
                    ``(B) the Secretary of Homeland Security may not 
                waive--
                            ``(i) subparagraph (A), (B), (C), (E), (G), 
                        (H), or (I) of section 212(a)(2) (relating to 
                        criminals);
                            ``(ii) section 212(a)(3) (relating to 
                        security and related grounds); or
                            ``(iii) subparagraph (A) or (C) of section 
                        212(a)(10) (relating to polygamists and child 
                        abductors);
                    ``(C) for conduct that occurred before the date on 
                which the Secure America and Orderly Immigration Act 
                was introduced, the Secretary of Homeland Security may 
                waive the application of any provision of section 
                212(a) not listed in subparagraph (B) on behalf of an 
                individual alien for humanitarian purposes, to ensure 
                family unity, or when such waiver is otherwise in the 
                public interest; and
                    ``(D) nothing in this paragraph shall be construed 
                as affecting the authority of the Secretary of Homeland 
                Security other than under this paragraph to waive the 
                provisions of section 212(a).
            ``(3) Applicability of other provisions.--Sections 240B(d) 
        and 241(a)(5) shall not apply to an alien who is applying for 
        adjustment of status in accordance with this title for conduct 
        that occurred before the date on which the Secure America and 
        Orderly Immigration Act was introduced.
    ``(e) Employment.--
            ``(1) In general.--The Secretary of Homeland Security may 
        not adjust the status of an alien to that of a nonimmigrant 
        under section 101(a)(15)(H)(v)(b) unless the alien establishes 
        that the alien--
                    ``(A) was employed in the United States, whether 
                full time, part time, seasonally, or self-employed, 
                before the date on which the Secure America and Orderly 
                Immigration Act was introduced; and
                    ``(B) has been employed in the United States since 
                that date.
            ``(2) Evidence of employment.--
                    ``(A) Conclusive documents.--An alien may 
                conclusively establish employment status in compliance 
                with paragraph (1) by submitting to the Secretary of 
                Homeland Security records demonstrating such employment 
                maintained by--
                            ``(i) the Social Security Administration, 
                        Internal Revenue Service, or by any other 
                        Federal, State, or local government agency;
                            ``(ii) an employer; or
                            ``(iii) a labor union, day labor center, or 
                        an organization that assists workers in matters 
                        related to employment.
                    ``(B) Other documents.--An alien who is unable to 
                submit a document described in clauses (i) through 
                (iii) of subparagraph (A) may satisfy the requirement 
                in paragraph (1) 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) sworn affidavits from nonrelatives 
                        who have direct knowledge of the alien's work; 
                        or
                            ``(iv) remittance records.
            ``(3) Intent of congress.--It is the intent of Congress 
        that the requirement in this subsection be interpreted and 
        implemented in a manner that recognizes and takes into account 
        the difficulties encountered by aliens in obtaining evidence of 
        employment due to the undocumented status of the alien.
            ``(4) Burden of proof.--An alien described in paragraph (1) 
        who is applying for adjustment of status under this section has 
        the burden of proving by a preponderance of the evidence that 
        the alien has satisfied the requirements of this subsection. An 
        alien may meet such burden of proof by producing sufficient 
        evidence to demonstrate such employment as a matter of 
        reasonable inference.
    ``(f) Special Rules for Minors and Individuals Who Entered as 
Minors.--The employment requirements under this section shall not apply 
to any alien under 21 years of age.
    ``(g) Education Permitted.--An alien may satisfy the employment 
requirements under this section, in whole or in part, by full-time 
attendance at--
            ``(1) an institution of higher education (as defined in 
        section 101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001)); or
            ``(2) a secondary school (as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)).
    ``(h) Security and Law Enforcement Background Checks.--
            ``(1) Submission of fingerprints.--An alien may not be 
        granted nonimmigrant status under section 101(a)(15)(H)(v)(b), 
        or granted status as the spouse or child of an alien eligible 
        for such status under subsection (c), unless the alien submits 
        fingerprints in accordance with procedures established by the 
        Secretary of Homeland Security.
            ``(2) Background checks.--The Secretary of Homeland 
        Security shall utilize fingerprints and other data provided by 
        the alien to conduct a background check of such alien relating 
        to criminal, national security, or other law enforcement 
        actions that would render the alien ineligible for adjustment 
        of status as described in this section.
            ``(3) Expeditious processing.--The background checks 
        required under paragraph (2) shall be conducted as 
        expeditiously as possible.
    ``(i) Period of Authorized Stay and Application Fee and Fine.--
            ``(1) Period of authorized stay.--
                    ``(A) In general.--The period of authorized stay 
                for a nonimmigrant described in section 
                101(a)(15)(H)(v)(b) shall be 6 years.
                    ``(B) Limitation.--The Secretary of Homeland 
                Security may not authorize a change from such 
                nonimmigrant classification to any other immigrant or 
                nonimmigrant classification until the termination of 
                the 6-year period described in subparagraph (A). The 
                Secretary may only extend such period to accommodate 
                the processing of an application for adjustment of 
                status under section 245B.
            ``(2) Application fee.--The Secretary of Homeland Security 
        shall impose a fee for filing an application for adjustment of 
        status under this section. Such fee shall be sufficient to 
        cover the administrative and other expenses incurred in 
        connection with the review of such applications.
            ``(3) Fines.--
                    ``(A) In general.--In addition to the fee required 
                under paragraph (2), the Secretary of Homeland Security 
                may accept an application for adjustment of status 
                under this section only if the alien pays a $1,000 
                fine.
                    ``(B) Exception.--Fines paid under this paragraph 
                shall not be required from an alien under the age of 
                21.
            ``(4) Collection of fees and fines.--All fees and fines 
        collected under this section shall be deposited in the Treasury 
        in accordance with section 286(w).
    ``(j) Treatment of Applicants.--
            ``(1) In general.--An alien who files an application under 
        this section, including the alien's spouse or child--
                    ``(A) shall be granted employment authorization 
                pending final adjudication of the alien's application 
                for adjustment of status;
                    ``(B) shall be granted permission to travel abroad;
                    ``(C) may not be detained, determined inadmissible 
                or deportable, or removed pending final adjudication of 
                the alien's application for adjustment of status, 
                unless the alien, through conduct or criminal 
                conviction, becomes ineligible for such adjustment of 
                status; and
                    ``(D) may not be considered an unauthorized alien 
                (as defined in section 274A(h)(3)) until employment 
                authorization under subparagraph (A) is denied.
            ``(2) Before application period.--If an alien is 
        apprehended after the date of enactment of this section, but 
        before the promulgation of regulations pursuant to this 
        section, and the alien can establish prima facie eligibility as 
        a nonimmigrant under section 101(a)(15)(H)(v)(b), the Secretary 
        of Homeland Security shall provide the alien with a reasonable 
        opportunity, after promulgation of regulations, to file an 
        application for adjustment.
            ``(3) During certain proceedings.--Notwithstanding any 
        provision of this Act, an alien who is in removal proceedings 
        shall have an opportunity to apply for adjustment of status 
        under this title unless a final administrative determination 
        has been made.
            ``(4) Relationships of application to certain orders.--An 
        alien who is present in the United States and has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of this Act may, 
        notwithstanding such order, apply for adjustment of status in 
        accordance with this section. Such an alien shall not be 
        required to file a separate motion to reopen, reconsider, or 
        vacate the exclusion, deportation, removal, or voluntary 
        departure order. If the Secretary of Homeland Security grants 
        the application, the Secretary shall cancel such order. If the 
        Secretary of Homeland Security renders a final administrative 
        decision to deny the application, such order shall be effective 
        and enforceable to the same extent as if the application had 
        not been made.
    ``(k) Administrative and Judicial Review.--
            ``(1) Administrative review.--
                    ``(A) Single level of administrative appellate 
                review.--The Secretary of Homeland Security shall 
                establish an appellate authority within the United 
                States Citizenship and Immigration Services to provide 
                for a single level of administrative appellate review 
                of a determination respecting an application for 
                adjustment of status under this section.
                    ``(B) Standard for review.--Administrative 
                appellate review referred to in subparagraph (A) shall 
                be based solely upon the administrative record 
                established at the time of the determination on the 
                application and upon the presentation of additional or 
                newly discovered evidence during the time of the 
                pending appeal.
            ``(2) Judicial review.--
                    ``(A) In general.--There shall be judicial review 
                in the Federal courts of appeal of the denial of an 
                application for adjustment of status under this 
                section. Notwithstanding any other provision of law, 
                the standard for review of such a denial shall be 
                governed by subparagraph (B).
                    ``(B) Standard for judicial review.--Judicial 
                review of a denial of an application under this section 
                shall be based solely upon the administrative record 
                established at the time of the review. The findings of 
                fact and other determinations contained in the record 
                shall be conclusive unless the applicant can establish 
                abuse of discretion or that the findings are directly 
                contrary to clear and convincing facts contained in the 
                record, considered as a whole.
                    ``(C) Jurisdiction of courts.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, the district courts of 
                        the United States shall have jurisdiction over 
                        any cause or claim arising from a pattern or 
                        practice of the Secretary of Homeland Security 
                        in the operation or implementation of this 
                        section that is arbitrary, capricious, or 
                        otherwise contrary to law, and may order any 
                        appropriate relief.
                            ``(ii) Remedies.--A district court may 
                        order any appropriate relief under clause (i) 
                        if the court determines that resolution of such 
                        cause or claim will serve judicial and 
                        administrative efficiency or that a remedy 
                        would otherwise not be reasonably available or 
                        practicable.
            ``(3) Stay of removal.--Aliens seeking administrative or 
        judicial review under this subsection shall not be removed from 
        the United States until a final decision is rendered 
        establishing ineligibility under this section.
    ``(l) Confidentiality of Information.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, no Federal agency or bureau, nor any officer, 
        employee, or agent of such agency or bureau, may--
                    ``(A) use the information furnished by the 
                applicant pursuant to an application filed under this 
                section for any purpose other than to make a 
                determination on the application;
                    ``(B) make any publication through which the 
                information furnished by any particular applicant can 
                be identified; or
                    ``(C) permit anyone other than the sworn officers 
                and employees of such agency or bureau to examine 
                individual applications.
            ``(2) Required disclosures.--The Secretary of Homeland 
        Security shall provide the information furnished pursuant to an 
        application filed under this section, and any other information 
        derived from such furnished information, to a duly recognized 
        law enforcement entity 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 in writing by such entity.
            ``(3) Criminal penalty.--Any person who knowingly uses, 
        publishes, or permits information to be examined in violation 
        of this subsection shall be fined not more than $10,000.
    ``(m) Penalties for False Statements in Applications.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person--
                            ``(i) to file or assist in filing an 
                        application for adjustment of status under this 
                        section and knowingly and willfully falsify, 
                        misrepresent, conceal, or cover up a material 
                        fact or make any false, fictitious, or 
                        fraudulent statements or representations, or 
                        make or use any false writing or document 
                        knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry; 
                        or
                            ``(ii) to create or supply a false writing 
                        or document for use in making such an 
                        application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) 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).
            ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
        any alien or other entity (including an employer or union) that 
        submits an employment record that contains incorrect data that 
        the alien used in order to obtain such employment before the 
        date on which the Secure America and Orderly Immigration Act is 
        introduced, shall not, on that ground, be determined to have 
        violated this section.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 250 the following:

``Sec. 250A. H-5B nonimmigrants.''.

SEC. 702. ADJUSTMENT OF STATUS FOR H-5B NONIMMIGRANTS.

    (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 245A the following:

 ``adjustment of status of former h-5b nonimmigrant to that of person 
                admitted for lawful permanent residence

    ``Sec. 245B. (a) Requirements.--The Secretary shall adjust the 
status of an alien from nonimmigrant status under section 
101(a)(15)(H)(v)(b) to that of an alien lawfully admitted for permanent 
residence under this section if the alien satisfies the following 
requirements:
            ``(1) Completion of employment or education requirement.--
        The alien establishes that the alien has been employed in the 
        United States, either full time, part time, seasonally, or 
        self-employed, or has met the education requirements of 
        subsection (f) or (g) of section 250A during the period 
        required by section 250A(e).
            ``(2) Rulemaking.--The Secretary shall establish 
        regulations for the timely filing and processing of 
        applications for adjustment of status for nonimmigrants under 
        section 101(a)(15)(H)(v)(b).
            ``(3) Application and fee.--The alien who applies for 
        adjustment of status under this section shall pay the 
        following:
                    ``(A) Application fee.--An alien who files an 
                application under section 245B of the Immigration and 
                Nationality Act, shall pay an application fee, set by 
                the Secretary.
                    ``(B) Additional fine.--Before the adjudication of 
                an application for adjustment of status filed under 
                this section, an alien who is at least 21 years of age 
                shall pay a fine of $1,000.
            ``(4) Admissible under immigration laws.--The alien 
        establishes that the alien is not inadmissible under section 
        212(a), except for any provision of that section that is not 
        applicable or waived under section 250A(d)(2).
            ``(5) Medical examination.--The alien shall undergo, at the 
        alien's expense, an appropriate medical examination (including 
        a determination of immunization status) that conforms to 
        generally accepted professional standards of medical practice.
            ``(6) Payment of income taxes.--
                    ``(A) In general.--Not later than the date on which 
                status is adjusted under this section, the alien shall 
                establish the payment of all Federal income taxes owed 
                for employment during the period of employment required 
                by section 250A(e) 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.
                    ``(B) IRS cooperation.--The Commissioner of 
                Internal Revenue shall provide documentation to an 
                alien upon request to establish the payment of all 
                income taxes required by this paragraph.
            ``(7) Basic citizenship skills.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the alien shall establish that the 
                alien--
                            ``(i) meets the requirements of section 
                        312; or
                            ``(ii) is satisfactorily pursuing a course 
                        of study to achieve such an understanding of 
                        English and knowledge and understanding of the 
                        history and government of the United States.
                    ``(B) Relation to naturalization examination.--An 
                alien who demonstrates that the alien meets the 
                requirements of section 312 may be considered to have 
                satisfied the requirements of that section for purposes 
                of becoming naturalized as a citizen of the United 
                States under title III.
            ``(8) Security and law enforcement background checks.--The 
        Secretary shall conduct a security and law enforcement 
        background check in accordance with procedures described in 
        section 250A(h).
            ``(9) 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.
    ``(b) Treatment of Spouses and Children.--
            ``(1) Adjustment of status.--Notwithstanding any other 
        provision of law, the Secretary of Homeland Security shall--
                    ``(A) adjust the status to that of a lawful 
                permanent resident under this section, or provide an 
                immigrant visa to the spouse or child of an alien who 
                adjusts status to that of a permanent resident under 
                this section; or
                    ``(B) adjust the status to that of a lawful 
                permanent resident under this section for an alien who 
                was the spouse or child of an alien who adjusts status 
                or is eligible to adjust status to that of a permanent 
                resident under section 245B in accordance with 
                subsection (a), if--
                            ``(i) the termination of the qualifying 
                        relationship was connected to domestic 
                        violence; and
                            ``(ii) the spouse or child has been 
                        battered or subjected to extreme cruelty by the 
                        spouse or parent who adjusts status to that of 
                        a permanent resident under this section.
            ``(2) Application of other law.--In acting on applications 
        filed under this subsection with respect to aliens who have 
        been battered or subjected to extreme cruelty, the Secretary of 
        Homeland Security shall apply the provisions of section 
        204(a)(1)(J) and the protections, prohibitions, and penalties 
        under section 384 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
    ``(c) Judicial Review; Confidentiality; Penalties.--Subsections 
(n), (o), and (p) of section 250A shall apply to this section.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status of former H-5B nonimmigrant to that 
                            of person admitted for lawful permanent 
                            residence.''.

SEC. 703. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

    Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (A) or 
        (B) of''; and
            (2) by adding at the end the following:
            ``(F) Aliens whose status is adjusted from the status 
        described in section 101(a)(15)(H)(v)(b).''.

SEC. 704. EMPLOYER PROTECTIONS.

    (a) Immigration Status of Alien.--Employers of aliens applying for 
adjustment of status under section 245B or 250A of the Immigration and 
Nationality Act, as added by this title, shall not be subject to civil 
and criminal tax liability relating directly to the employment of such 
alien prior to such alien receiving employment authorization under this 
title.
    (b) Provision of Employment Records.--Employers that provide 
unauthorized aliens with copies of employment records or other evidence 
of employment pursuant to an application for adjustment of status under 
section 245B or 250A of the Immigration and Nationality Act or any 
other application or petition pursuant to any other immigration law, 
shall not be subject to civil and criminal liability under section 274A 
of such Act for employing such unauthorized aliens.
    (c) 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. 705. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Homeland Security such sums as may be necessary to carry 
out this title and the amendments made by this title.
    (b) Availability of Funds.--Funds appropriated pursuant subsection 
(a) shall remain available until expended.
    (c) Sense of Congress.--It is the sense of 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 245B and 250A of 
the Immigration and Nationality Act, as added by this Act.

            TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

SEC. 801. RIGHT TO QUALIFIED REPRESENTATION.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended to read as follows:

       ``right to qualified representation in immigration matters

    ``Sec. 292. (a) Authorized Representatives in Immigration 
Matters.--Only the following individuals are authorized to represent an 
individual in an immigration matter before any Federal agency or 
entity:
            ``(1) An attorney.
            ``(2) A law student who is enrolled in an accredited law 
        school, or a graduate of an accredited law school who is not 
        admitted to the bar, if--
                    ``(A) the law student or graduate is appearing at 
                the request of the individual to be represented;
                    ``(B) in the case of a law student, the law student 
                has filed a statement that the law student is 
                participating, under the direct supervision of a 
                faculty member, attorney, or accredited representative, 
                in a legal aid program or clinic conducted by a law 
                school or nonprofit organization, and that the law 
                student is appearing without direct or indirect 
                remuneration from the individual the law student 
                represents;
                    ``(C) in the case of a graduate, the graduate has 
                filed a statement that the graduate is appearing under 
                the supervision of an attorney or accredited 
                representative and that the graduate is appearing 
                without direct or indirect remuneration from the 
                individual the graduate represents; and
                    ``(D) the law student's or graduate's appearance 
                is--
                            ``(i) permitted by the official before whom 
                        the law student or graduate wishes to appear; 
                        and
                            ``(ii) accompanied by the supervising 
                        faculty member, attorney, or accredited 
                        representative, to the extent required by such 
                        official.
            ``(3) Any reputable individual, if--
                    ``(A) the individual is appearing on an individual 
                case basis, at the request of the individual to be 
                represented;
                    ``(B) the individual is appearing without direct or 
                indirect remuneration and the individual files a 
                written declaration to that effect, except as described 
                in subparagraph (D);
                    ``(C) the individual has a pre-existing 
                relationship or connection with the individual entitled 
                to representation, such as a relative, neighbor, 
                clergyman, business associate, or personal friend, 
                except that this requirement may be waived, as a matter 
                of administrative discretion, in cases where adequate 
                representation would not otherwise be available; and
                    ``(D) if making a personal appearance on behalf of 
                another individual, the appearance is permitted by the 
                official before whom the individual wishes to appear, 
                except that such permission shall not be granted with 
                respect to any individual who regularly engages in 
                immigration and naturalization practice or preparation, 
                or holds himself or herself out to the public as 
                qualified to do so.
            ``(4) An individual representing a recognized organization 
        (as described in subsection (f)) who has been approved to serve 
        as an accredited representative by the Board of Immigration 
        Appeals under subsection (f)(2).
            ``(5) An accredited official, in the United States, of the 
        government to which an alien owes allegiance, if the official 
        appears solely in his or her official capacity and with the 
        consent of the person to be represented.
            ``(6) An individual who is licensed to practice law and is 
        in good standing in a court of general jurisdiction of the 
        country in which the individual resides and who is engaged in 
        such practice, if the person represents persons only in matters 
        outside the United States and that the official before whom 
        such person wishes to appear allows such representation, as a 
        matter of discretion.
            ``(7) An attorney, or an organization represented by an 
        attorney, may appear, on a case-by-case basis, as amicus 
        curiae, if the Board of Immigration Appeals grants such 
        permission and the public interest will be served by such 
        appearance.
    ``(b) Former Employees.--No individual previously employed by the 
Department of Justice, Department of State, Department of Labor, or 
Department of Homeland Security may be permitted to act as an 
authorized representative under this section, if such authorization 
would violate any other applicable provision of Federal law or 
regulation. In addition, any application for such authorization must 
disclose any prior employment by or contract with such agencies for 
services of any nature.
    ``(c) Advertising.--Only an attorney or an individual approved 
under subsection (f)(2) as an accredited representative may advertise 
or otherwise hold themselves out as being able to provide 
representation in an immigration matter. This provision shall in no way 
be deemed to diminish any Federal or State law to regulate, control, or 
enforce laws regarding such advertisement, solicitation, or offer of 
representation.
    ``(d) Removal Proceedings.--In any proceeding for the removal of an 
individual from the United States and in any appeal proceedings from 
such proceeding, the individual shall have the privilege, as the 
individual shall choose, of being represented (at no expense to the 
Government) by an individual described in subsection (a). 
Representation by an individual other than a person described in 
subsection (a) may cause the representative to be subject to civil 
penalties or such other penalties as may be applicable.
    ``(e) Benefits Filings.--In any filing or submission for an 
immigration related benefit or a determination related to the 
immigration status of an individual made to the Department of Homeland 
Security, the Department of Labor, or the Department of State, the 
individual shall have the privilege, as the individual shall choose, of 
being represented (at no expense to the Government) by an individual 
described in subsection (a). Representation by an individual other than 
an individual described in subsection (a) is cause for the 
representative to be subject to civil or criminal penalties, as may be 
applicable.
    ``(f) Recognized Organizations and Accredited Representatives.--
            ``(1) Recognized organizations.--
                    ``(A) In general.--The Board of Immigration Appeals 
                may determine that a person is a recognized 
                organization if such person--
                            ``(i) is a nonprofit religious, charitable, 
                        social service, or similar organization 
                        established in the United States that--
                                    ``(I) is recognized by the Board of 
                                Immigration Appeals; and
                                    ``(II) is authorized to designate a 
                                representative to appear in an 
                                immigration matter before the 
                                Department of Homeland Security or the 
                                Executive Office for Immigration Review 
                                of the Department of Justice; and
                            ``(ii) demonstrates to the Board that such 
                        person--
                                    ``(I) makes only nominal charges 
                                and assesses no excessive membership 
                                dues for individuals given assistance; 
                                and
                                    ``(II) has at its disposal adequate 
                                knowledge, information, and experience.
                    ``(B) Bonding.--The Board, in its discretion, may 
                impose a bond requirement on new organizations seeking 
                recognition.
                    ``(C) Reporting obligations.--Recognized 
                organizations shall promptly notify the Board when the 
                organization no longer meets the requirements for 
                recognition or when an accredited representative 
                employed by the recognized organization ceases to be 
                employed by the recognized organization.
            ``(2) Accredited representatives.--The Board of Immigration 
        Appeals shall approve any qualified individual designated by a 
        recognized organization to serve as an accredited 
        representative. Such individual must be employed by the 
        recognized organization and must meet all requirements set 
        forth in this section and in the accompanying regulations to be 
        authorized to represent individuals in an immigration matter. 
        Accredited representatives, through their recognized 
        organizations, must certify their continuing eligibility for 
        accreditation every 3 years with the Board of Immigration 
        Appeals. Accredited representatives who fail to comply with 
        these requirements shall not have authority to represent 
        persons in an immigration matter for the recognized 
        organization.
    ``(g) Prohibited Acts.--An individual, other than an individual 
authorized to represent an individual under this section, may not--
            ``(1) directly or indirectly provide or offer 
        representation regarding an immigration matter for compensation 
        or contribution;
            ``(2) advertise or solicit representation in an immigration 
        matter;
            ``(3) retain any compensation provided for a prohibited act 
        described in paragraph (1) or (2), regardless of whether any 
        petition, application, or other document was filed with any 
        government agency or entity and regardless of whether a 
        petition, application, or other document was prepared or 
        represented to have been prepared by such individual;
            ``(4) represent directly or indirectly that the individual 
        is an attorney or supervised by or affiliated with an attorney, 
        when such representation is false; or
            ``(5) violate any applicable civil or criminal statute or 
        regulation of a State regarding the provision of representation 
        by providing or offering to provide immigration or immigration-
        related assistance referenced in this subsection.
    ``(h) Civil Enforcement.--
            ``(1) In general.--Any person, or any entity acting for the 
        interests of itself, its members, or the general public 
        (including a Federal law enforcement official or agency or law 
        enforcement official or agency of any State or political 
        subdivision of a State), that has reason to believe that any 
        person is being or has been injured by reason of a violation of 
        subsection (g) may commence a civil action in any court of 
        competent jurisdiction.
            ``(2) Remedies.--
                    ``(A) Damages.--In any civil action brought under 
                this subsection, if the court finds that the defendant 
                has violated subsection (g), it shall award actual 
                damages, plus the greater of--
                            ``(i) an amount treble the amount of actual 
                        damages; or
                            ``(ii) $1,000 per violation.
                    ``(B) Injunctive relief.--The court may award 
                appropriate injunctive relief, including temporary, 
                preliminary, or permanent injunctive relief, and 
                restitution. Injunctive relief may include, where 
                appropriate, an order temporarily or permanently 
                enjoining the defendant from providing any service to 
                any person in any immigration matter. The court may 
                make such orders or judgments, including the 
                appointment of a receiver, as may be necessary to 
                prevent the commission of any act described in 
                subsection (g).
                    ``(C) Attorney's fees.--The court shall also grant 
                a prevailing plaintiff reasonable attorney's fees and 
                costs, including expert witness fees.
                    ``(D) Civil penalties.--The court may also assess a 
                civil penalty not exceeding $50,000 for a first 
                violation, and not exceeding $100,000 for subsequent 
                violations.
                    ``(E) Cumulative remedies.--Unless otherwise 
                expressly provided, the remedies or penalties provided 
                under this paragraph are cumulative to each other and 
                to the remedies or penalties available under all other 
                Federal laws or laws of the jurisdiction where the 
                violation occurred.
            ``(3) Nonpreemption.--Nothing in this subsection shall be 
        construed to preempt any other private right of action or any 
        right of action pursuant to the laws of any jurisdiction.
            ``(4) Discovery.--Information obtained through discovery in 
        a civil action under this subsection shall not be used in any 
        criminal action. Upon the request of any party to a civil 
        action under this subsection, any part of the court file that 
        makes reference to information discovered in a civil action 
        under this subsection may be sealed.
    ``(i) Nonpreemption of More Protective State and Local Laws.--The 
provisions of this section supersede laws, regulations, and municipal 
ordinances of any State only to the extent such laws, regulations, and 
municipal ordinances impede the application of any provision of this 
section. Any State or political subdivision of a State may impose 
requirements supplementing those imposed by this section.
    ``(j) Definitions.--As used in this section--
            ``(1) the term `attorney' means a person who--
                    ``(A) is a member in good standing of the bar of 
                the highest court of a State; and
                    ``(B) is not under any order of any court 
                suspending, enjoining, restraining, disbarring, or 
                otherwise restricting such person in the practice of 
                law;
            ``(2) the term `compensation' means money, property, labor, 
        promise of payment, or any other consideration provided 
        directly or indirectly to an individual
            ``(3) the term `immigration matter' means any proceeding, 
        filing, or action affecting the immigration or citizenship 
        status of any person, which arises under any immigration or 
        nationality law, Executive order, Presidential proclamation, or 
        action of any Federal agency;
            ``(4) the term `representation', when used with respect to 
        the representation of a person, includes--
                    ``(A) the appearance, either in person or through 
                the preparation or filing of any brief or other 
                document, paper, application, or petition on behalf of 
                another person or client, before any Federal agency or 
                officer; and
                    ``(B) the study of the facts of a case and the 
                applicable laws, coupled with the giving of advice and 
                auxiliary activities, including the incidental 
                preparation of papers; and
            ``(5) the term `State' includes a State or an outlying 
        possession of the United States.''.

SEC. 802. PROTECTION OF WITNESS TESTIMONY.

    (a) Definition.--Section 101(a)(15)(U)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(i)) is amended--
            (1) by inserting in subclause (I) after the phrase ``clause 
        (iii)'' the following: ``or has suffered substantial financial, 
        physical, or mental harm as the result of a prohibited act 
        described in section 292;''
            (2) by inserting in subclause (II) after the phrase 
        ``clause (iii)'' the following: ``or section 292'';
            (3) by inserting in subclause (III) after the phrase 
        ``clause (iii)'' the following: ``or section 292''; and
            (4) by inserting in subclause (IV) after the phrase 
        ``clause (iii)'' the following: ``or section 292''.
    (b) Admission of Nonimmigrants.--Section 214(p) of the Immigration 
and Nationality Act of (8 U.S.C. 1184(p)) is amended--
            (1) in paragraph (1), by inserting ``or section 274E'' 
        after ``section 101(a)(15)(U)(iii)'' each place it appears; and
            (2) in paragraph (2)(A), by striking ``10,000'' and 
        inserting ``15,000''.

                      TITLE IX--CIVICS INTEGRATION

SEC. 901. FUNDING FOR THE OFFICE OF CITIZENSHIP.

    (a) Authorization.--The Secretary of Homeland Security, acting 
through the Director of the Bureau of 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 (as described in section 451(f)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)).
    (b) 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.
    (c) 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.

SEC. 902. CIVICS INTEGRATION GRANT PROGRAM.

    (a) In General.--The Secretary of Homeland Security shall establish 
a competitive grant program to fund--
            (1) efforts by entities certified by the Office of 
        Citizenship to provide civics and English as a second language 
        courses; or
            (2) other activities approved by the Secretary to promote 
        civics and English as a second language.
    (b) Acceptance of Gifts.--The Secretary may accept and use gifts 
from the United States Citizenship Foundation 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.

                TITLE X--PROMOTING ACCESS TO HEALTH CARE

SEC. 1001. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED 
              TO UNDOCUMENTED ALIENS.

    Section 1011 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (42 U.S.C. 1395dd note) is amended--
            (1) by striking ``2008'' and inserting ``2011''; and
            (2) in subsection (c)(5), by adding at the end the 
        following:
                    ``(D) Nonimmigrants described in section 
                101(a)(15)(H)(v) of the Immigration and Nationality Act 
                (8 U.S.C. 1101(a)(15)(H)(v)''.

SEC. 1002. PROHIBITION AGAINST OFFSET OF CERTAIN MEDICARE AND MEDICAID 
              PAYMENTS.

    Payments made under section 1011 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (42 U.S.C. 1395dd note)--
            (1) shall not be considered ``third party coverage'' for 
        the purposes of section 1923 of the Social Security Act (42 
        U.S.C. 1396r-4); and
            (2) shall not impact payments made under such section of 
        the Social Security Act.

SEC. 1003. PROHIBITION AGAINST DISCRIMINATION AGAINST ALIENS ON THE 
              BASIS OF EMPLOYMENT IN HOSPITAL-BASED VERSUS NONHOSPITAL-
              BASED SITES.

    Section 214(l)(1)(C) of the Immigrant and Nationality Act (8 U.S.C. 
1184(l)(1)(C) is amended--
            (1) in clause (i), by striking ``and'' at the end; and
            (2) by adding at the end the following:
                            ``(iii) such interested Federal agency or 
                        interested State agency, in determining which 
                        aliens will be eligible for such waivers, does 
                        not utilize selection criteria, other than as 
                        described in this subsection, that discriminate 
                        on the basis of the alien's employment in a 
                        hospital-based versus nonhospital-based 
                        facility or organization; and''.

SEC. 1004. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH 
              INSURANCE.

    (a) Study.--
            (1) In general.--The Secretary of Health and Human Services 
        shall contract with the Institute of Medicine of the National 
        Academies (referred to in this section as the ``Institute'') to 
        study binational public health infrastructure and health 
        insurance efforts.
            (2) Input.--In conducting the study under paragraph (1), 
        the Institute shall solicit input from border health experts 
        and health insurance companies.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date on 
        which the Secretary of Health and Human Services enters into a 
        contract under subsection (a), the Institute shall submit a 
        report concerning the study conducted under subsection (a) to 
        the Secretary of Health and Human Services and the appropriate 
        committees of Congress.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include the recommendations of the Institute on ways to 
        expand or improve binational public health infrastructure and 
        health insurance efforts.

                        TITLE XI--MISCELLANEOUS

SEC. 1101. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-5A 
              NONIMMIGRANTS.

    (a) Ensuring Accurate Count.--The Secretary of State and the 
Secretary of Homeland Security shall maintain an accurate count of the 
number of aliens subject to the numerical limitations under section 
214(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(C)) who are issued visas or otherwise provided nonimmigrant 
status.
    (b) Provision of Information.--
            (1) Quarterly notification.--Beginning with the first 
        fiscal year after regulations are promulgated to implement this 
        Act, the Secretary of State and the Secretary of Homeland 
        Security shall submit quarterly reports to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives containing the numbers of aliens 
        who were issued visas or otherwise provided nonimmigrant status 
        under section 101(a)(15)(H)(v)(a) of the Immigrant and 
        Nationality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)) during the 
        preceding 3-month period.
            (2) Annual submission.--Beginning with the first fiscal 
        year after regulations are promulgated to implement this Act, 
        the Secretary of Homeland Security shall submit annual reports 
        to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives, 
        containing information on the countries of origin and 
        occupations of, geographic area of employment in the United 
        States, and compensation paid to, aliens who were issued visas 
        or otherwise provided nonimmigrant status under such section 
        101(a)(15)(H)(v)(a). The Secretary shall compile such reports 
        based on the data reported by employers to the Employment 
        Eligibility Confirmation System established in section 402.

SEC. 1102. H-5 NONIMMIGRANT PETITIONER ACCOUNT.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by adding at the end the following:
    ``(w)(1) There is established in the general fund of the Treasury 
of the United States an account, which shall be known as the `H-5 
Nonimmigrant Petitioner Account'.
    ``(2) There shall be deposited as offsetting receipts into the H-5 
Nonimmigrant Petitioners Account--
            ``(A) all fees collected under section 218A; and
            ``(B) all fines collected under section 212(n)(2)(I).
    ``(3) Of the fees and fines deposited into the H-5 Nonimmigrant 
Petitioner Account--
            ``(A) 53 percent shall remain available to the Secretary of 
        Homeland Security for efforts related to the adjudication and 
        implementation of the H-5 visa programs described in sections 
        221(a) and 250A and any other efforts necessary to carry out 
        the provisions of the Secure America and Orderly Immigration 
        Act and the amendments made by such Act, of which the Secretary 
        shall allocate--
                    ``(i) 10 percent shall remain available to the 
                Secretary of Homeland Security for the border security 
                efforts described in title I of the Secure America and 
                Orderly Immigration Act.
                    ``(ii) not more than 1 percent to promote public 
                awareness of the H-5 visa program, to protect migrants 
                from fraud, and to combat the unauthorized practice of 
                law described in title III of the Secure America and 
                Orderly Immigration Act;
                    ``(iii) not more than 1 percent to the Office of 
                Citizenship to promote civics integration activities 
                described in section 901 of the Secure America and 
                Orderly Immigration Act; and
                    ``(iv) 2 percent for the Civics Integration Grant 
                Program under section 902 of the Secure America and 
                Orderly Immigration Act.
            ``(B) 15 percent shall remain available to the Secretary of 
        Labor for the enforcement of labor standards in those 
        geographic and occupational areas in which H-5A visa holders 
        are likely to be employed and for other enforcement efforts 
        under the Secure America and Orderly Immigration Act;
            ``(C) 15 percent shall remain available to the Commissioner 
        of Social Security for the creation and maintenance of the 
        Employment Eligibility Confirmation System described in section 
        402 of the Secure America and Orderly Immigration Act;
            ``(D) 15 percent shall remain available to the Secretary of 
        State to carry out any necessary provisions of the Secure 
        America and Orderly Immigration Act; and
            ``(E) 2 percent shall remain available to the Secretary of 
        Health and Human Services for the reimbursement of hospitals 
        serving individuals working under programs established in this 
        Act.''.

SEC. 1103. ANTI-DISCRIMINATION PROTECTIONS.

    Section 274B(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1324b(a)(3)(B)) is amended to read as follows:
                    ``(B) is an alien who is--
                            ``(i) lawfully admitted for permanent 
                        residence;
                            ``(ii) granted the status of an alien 
                        lawfully admitted for temporary residence under 
                        section 210(a) or 245(a)(1);
                            ``(iii) admitted as a refugee under section 
                        207;
                            ``(iv) granted asylum under section 208; or
                            ``(v) granted the status of nonimmigrant 
                        under section 101(a)(15)(H)(v).''.

SEC. 1104. WOMEN AND CHILDREN AT RISK OF HARM.

    (a) Certain Children and Women at Risk of Harm.--Section 101(a)(27) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
amended--
            (1) in subparagraph (L), by inserting a semicolon at the 
        end;
            (2) in subparagraph (M), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(N) subject to subsection (j), an immigrant who 
                is not present in the United States--
                            ``(i) who is--
                                    ``(I) referred to a consular, 
                                immigration, or other designated 
                                official by a United States Government 
                                agency, an international organization, 
                                or recognized nongovernmental entity 
                                designated by the Secretary of State 
                                for purposes of such referrals; and
                                    ``(II) determined by such official 
                                to be a minor under 18 years of age (as 
                                determined under subsection (j)(5))--
                                            ``(aa) for whom no parent 
                                        or legal guardian is able to 
                                        provide adequate care;
                                            ``(bb) who faces a credible 
                                        fear of harm related to his or 
                                        her age;
                                            ``(cc) who lacks adequate 
                                        protection from such harm; and
                                            ``(dd) for whom it has been 
                                        determined to be in his or her 
                                        best interests to be admitted 
                                        to the United States; or
                            ``(ii) who is--
                                    ``(I) referred to a consular or 
                                immigration official by a United States 
                                Government agency, an international 
                                organization or recognized 
                                nongovernmental entity designated by 
                                the Secretary of State for purposes of 
                                such referrals; and
                                    ``(II) determined by such official 
                                to be a female who has--
                                            ``(aa) a credible fear of 
                                        harm related to her sex; and
                                            ``(bb) a lack of adequate 
                                        protection from such harm.''.
    (b) Statutory Construction.--Section 101 of the Immigration and 
Nationality Act (8 U.S.C. 1101) is amended by adding at the end the 
following:
    ``(j)(1) No natural parent or prior adoptive parent of any alien 
provided special immigrant status under subsection (a)(27)(N)(i) shall 
thereafter, by virtue of such parentage, be accorded any right, 
privilege, or status under this Act.
    ``(2)(A) No alien who qualifies for a special immigrant visa under 
subsection (a)(27)(N)(ii) may apply for derivative status or petition 
for any spouse who is represented by the alien as missing, deceased, or 
the source of harm at the time of the alien's application and 
admission. The Secretary of Homeland Security may waive this 
requirement for an alien who demonstrates that the alien's 
representations regarding the spouse were bona fide.
    ``(B) An alien who qualifies for a special immigrant visa under 
subsection (a)(27)(N) may apply for derivative status or petition for 
any sibling under the age of 18 years or children under the age of 18 
years of any such alien, if accompanying or following to join the 
alien. For purposes of this subparagraph, a determination of age shall 
be made using the age of the alien on the date the petition is filed 
with the Department of Homeland Security.
    ``(3) An alien who qualifies for a special immigrant visa under 
subsection (a)(27)(N) shall be treated in the same manner as a refugee 
solely for purposes of section 412.
    ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section 
212(a) shall not be applicable to any alien seeking admission to the 
United States under subsection (a)(27)(N), and the Secretary of 
Homeland Security may waive any other provision of such section (other 
than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of 
paragraph (3)) with respect to such an alien for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public interest. 
Any such waiver by the Secretary of Homeland Security shall be in 
writing and shall be granted only on an individual basis following an 
investigation. The Secretary of Homeland Security shall provide for the 
annual reporting to Congress of the number of waivers granted under 
this paragraph in the previous fiscal year and a summary of the reasons 
for granting such waivers.
    ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination 
of age shall be made using the age of the alien on the date on which 
the alien was referred to the consular, immigration, or other 
designated official.
    ``(6) The Secretary of Homeland Security shall waive any 
application fee for a special immigrant visa for an alien described in 
section 101(a)(27)(N).''.
    (c) Allocation of Special Immigrant Visas.--Section 203(b)(4) of 
the Immigration Nationality Act (8 U.S.C. 1153(b)(4)) is amended by 
striking ``(A) or (B) thereof'' and inserting ``(A), (B), or (N) of 
such section''.
    (d) Expedited Process.--Not later than 45 days after the date of 
referral to a consular, immigration, or other designated official as 
described in section 101(a)(27)(N) of the Immigration and Nationality 
Act, as added by subsection (a), special immigrant status shall be 
adjudicated and, if granted, the alien shall be--
            (1) paroled to the United States pursuant to section 
        212(d)(5) of that Act (8 U.S.C. 1182(d)(5)); and
            (2) allowed to apply for adjustment of status to permanent 
        residence under section 245 of that Act (8 U.S.C. 1255) not 
        later than 1 year after the alien's arrival in the United 
        States.
    (e) Requirement Prior to Entry Into the Untied States.--
            (1) Database search.--An alien may not be admitted to the 
        United States under this section or an amendment made by this 
        section until the Secretary of Homeland Security has ensured 
        that a search of each database maintained by an agency or 
        department of the United States has been conducted to determine 
        whether such alien is ineligible to be admitted to the Untied 
        States on criminal, security, or related grounds.
            (2) Cooperation and schedule.--The Secretary of Homeland 
        Security and the head of each appropriate agency or department 
        of the United States shall work cooperatively to ensure that 
        each database search required by paragraph (1) is completed not 
        later than 45 days after the date on which an alien files a 
        petition seeking a special immigration visa under section 
        101(a)(27)(N) of the Immigration and Nationality Act, as added 
        by subsection (a).
    (f) Requirement After Entry Into the United States.--
            (1) Requirement to submit fingerprints.--
                    (A) In general.--Not later than 30 days after the 
                date that an alien enters the United States under this 
                section or an amendment made by this section, the alien 
                shall be fingerprinted and submit to the Secretary of 
                Homeland Security such fingerprints and any other 
                personal biometric data required by the Secretary.
                    (B) Other requirements.--The Secretary of Homeland 
                Security may prescribe regulations that permit 
                fingerprints submitted by an alien under section 262 of 
                the Immigration and Nationality Act (8 U.S.C. 1302) or 
                any other provision of law to satisfy the requirement 
                to submit fingerprints under subparagraph (A).
            (2) Database search.--The Secretary of Homeland Security 
        shall ensure that a search of each database that contains 
        fingerprints that is maintained by an agency or department of 
        the United States be conducted to determine whether such alien 
        is ineligible for an adjustment of status under any provision 
        of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
        on criminal, security, or related grounds.
            (3) Cooperation and schedule.--The Secretary of Homeland 
        Security and the head of each appropriate agency or department 
        of the United States shall work cooperatively to ensure that 
        each database search required under paragraph (2) is completed 
        not later than 180 days after the date on which the alien 
        enters the United States.
            (4) Administrative and judicial review.--
                    (A) Administrative review.--An alien who is 
                admitted to the United States under this section or an 
                amendment made by this section who is determined to be 
                ineligible for an adjustment of status pursuant to 
                section 212 of the Immigration and Nationality Act (8 
                U.S.C. 1182) may appeal such a determination through 
                the Administrative Appeals Office of the Bureau of 
                Citizenship and Immigration Services of the Department 
                of Homeland Security. The Secretary of Homeland 
                Security shall ensure that a determination on such 
                appeal is made not later than 60 days after the date on 
                which the appeal is filed.
                    (B) Judicial review.--Nothing in this section, or 
                in an amendment made by this section, may preclude 
                application of section 242(a)(2)(B) of the Immigration 
                and Nationality Act (8 U.S.C. 1252(a)(2)(B)).
    (g) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Homeland Security shall report 
to the Committee on the Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives on the progress of the 
implementation of this section and the amendments made by this section, 
including--
            (1) data related to the implementation of this section and 
        the amendments made by this section;
            (2) data regarding the number of placements of females and 
        children who faces a credible fear of harm as referred to in 
        section 101(a)(27)(N) of the Immigration and Nationality Act, 
        as added by subsection (a); and
            (3) any other information that the Secretary of Homeland 
        Security determines to be appropriate.
    (h) 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. 1105. EXPANSION OF S VISA.

    (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``or'' at the end; and
            (2) in clause (ii)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``1956,'' and all that follows 
                through ``the alien;'' and inserting the following: 
                ``1956; or
                    ``(iii) who the Secretary of Homeland Security and 
                the Secretary of State, in consultation with the 
                Director of Central Intelligence, jointly determine--
                            ``(I) is in possession of critical reliable 
                        information concerning the activities of 
                        governments or organizations, or their agents, 
                        representatives, or officials, with respect to 
                        weapons of mass destruction and related 
                        delivery systems, if such governments or 
                        organizations are at risk of developing, 
                        selling, or transferring such weapons or 
                        related delivery systems; and
                            ``(II) is willing to supply or has 
                        supplied, fully and in good faith, information 
                        described in subclause (I) to appropriate 
                        persons within the United States Government;
and, if the Secretary of Homeland Security (or with respect to clause 
(ii), the Secretary of State and the Secretary of Homeland Security 
jointly) considers it to be appropriate, the spouse, married and 
unmarried sons and daughters, and parents of an alien described in 
clause (i), (ii), or (iii) if accompanying, or following to join, the 
alien;''.
    (b) Numerical Limitation.--Section 214(k)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(k)(1)) is amended to read as follows:
            ``(1) The number of aliens who may be provided a visa as 
        nonimmigrants under section 101(a)(15)(S) in any fiscal year 
        may not exceed 3,500.''.

SEC. 1106. VOLUNTEERS.

    It is not a violation of clauses (ii), (iii), or (iv) of 
subparagraph (A) for a religious denomination described in section 
101(a)(27)(C)(i) or an affiliated religious organization described in 
section 101(a)(27)(C)(ii)(III), or their agents or officers, to 
encourage, invite, call, allow, or enable an alien, who is already 
present in the United States in violation of law to carry on the 
violation described in section 101(a)(27)(C)(ii)(I), as a volunteer who 
is not compensated as an employee, notwithstanding the provision of 
room, board, travel, and other basic living expenses.
                                 <all>