[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2611 Placed on Calendar Senate (PCS)]
Calendar No. 414
109th CONGRESS
2d Session
S. 2611
To provide for comprehensive immigration reform and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2006
Mr. Specter (for himself, Mr. Hagel, Mr. Martinez, Mr. McCain, Mr.
Kennedy, Mr. Graham, and Mr. Brownback) introduced the following bill;
which was read the first time
April 24, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide for comprehensive immigration reform and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Immigration Reform Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle
barriers.
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North
American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Subtitle C--Other Border Security Initiatives
Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure border initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting,
entry, or clearance requirements.
Subtitle D--Border Tunnel Prevention Act
Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.
Subtitle E--Border Law Enforcement Relief Act
Sec. 151. Short title.
Sec. 152. Findings.
Sec. 153. Border relief grant program.
Sec. 154. Enforcement of Federal immigration law.
TITLE II--INTERIOR ENFORCEMENT
Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence,
removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration
fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration,
naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement
officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political
subdivisions and transfer to Federal
custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime
Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of
facilities identified for closures as a
result of the Defense Base Closure
Realignment Act of 1990.
Sec. 234. Determination of immigration status of individuals charged
with Federal offenses.
TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS
Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. Alien employment management system.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary guest worker visa program task force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L visa limitations.
Sec. 412. Compliance investigators.
Sec. 413. Authorization of appropriations.
Subtitle B--Immigration Injunction Reform
Sec. 421. Short title.
Sec. 422. Appropriate remedies for immigration legislation.
Sec. 423. Effective date.
TITLE V--BACKLOG REDUCTION
Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.
TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
INDIVIDUALS
Subtitle A--Access to Earned Adjustment and Mandatory Departure and
Reentry
Sec. 601. Access to earned adjustment and mandatory departure and
reentry.
Subtitle B--Agricultural Job Opportunities, Benefits, and Security
Sec. 611. Short title.
Sec. 612. Definitions.
Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural
Workers
Sec. 613. Agricultural workers.
Sec. 614. Correction of Social Security records.
Chapter 2--Reform of H-2A Worker Program
Sec. 615. Amendment to the Immigration and Nationality Act.
Chapter 3--Miscellaneous Provisions
Sec. 616. Determination and use of user fees.
Sec. 617. Regulations.
Sec. 618. Report to Congress.
Sec. 619. Effective date.
Subtitle C--DREAM Act
Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Restoration of State option to determine residency for
purposes of higher education benefits.
Sec. 624. Cancellation of removal and adjustment of status of certain
long-term residents who entered the United
States as children.
Sec. 625. Conditional permanent resident status.
Sec. 626. Retroactive benefits.
Sec. 627. Exclusive jurisdiction.
Sec. 628. Penalties for false statements in application.
Sec. 629. Confidentiality of information.
Sec. 630. Expedited processing of applications; prohibition on fees.
Sec. 631. Higher Education assistance.
Sec. 632. GAO report.
Subtitle D--Grant Programs to Assist Nonimmigrant Workers
Sec. 641. Grants to support public education and community training.
Sec. 642. Funding for the Office of Citizenship.
Sec. 643. Civics integration grant program.
Sec. 644. Strengthening American citizenship.
TITLE VII--MISCELLANEOUS
Subtitle A--Immigration Litigation Reduction
Chapter 1--Appeals and Review
Sec. 701. Additional immigration personnel.
Chapter 2--Immigration Review Reform
Sec. 702. Board of immigration appeals.
Sec. 703. Immigration judges.
Sec. 704. Removal and review of judges.
Sec. 705. Legal orientation program.
Sec. 706. Regulations.
Sec. 707. GAO study on the appellate process for immigration appeals.
Subtitle B--Citizenship Assistance for Members of the Armed Services
Sec. 711. Short title.
Sec. 712. Waiver of requirement for fingerprints for members of the
Armed Forces.
Sec. 713. Provision of information on naturalization to members of the
Armed Forces.
Sec. 714. Provision of information on naturalization to the public.
Sec. 715. Reports.
Subtitle C--State Court Interpreter Grant Program
Sec. 721. Short title.
Sec. 722. Findings.
Sec. 723. State court interpreter program.
Sec. 724. Authorization of appropriations.
Subtitle D--Border Infrastructure and Technology Modernization
Sec. 731. Short title.
Sec. 732. Definitions.
Sec. 733. Port of Entry Infrastructure Assessment Study.
Sec. 734. National Land Border Security Plan.
Sec. 735. Expansion of commerce security programs.
Sec. 736. Port of entry technology demonstration program.
Sec. 737. Authorization of appropriations.
Subtitle E--Family Humanitarian Relief
Sec. 741. Short title.
Sec. 742. Adjustment of status for certain nonimmigrant victims of
terrorism.
Sec. 743. Cancellation of removal for certain immigrant victims of
terrorism.
Sec. 744. Exceptions.
Sec. 745. Evidence of death.
Sec. 746. Definitions.
Subtitle F--Other Matters
Sec. 751. Noncitizen membership in the Armed Forces.
Sec. 752. Nonimmigrant alien status for certain athletes.
Sec. 753. Extension of returning worker exemption.
Sec. 754. Surveillance technologies programs.
Sec. 755. Comprehensive immigration efficiency review.
Sec. 756. Northern Border Prosecution Initiative.
Sec. 757. Southwest border prosecution initiative.
Sec. 758. Grant program to assist eligible applicants.
Sec. 759. Screening of municipal solid waste.
Sec. 760. Access to immigration services in areas that are not
accessible by road.
Sec. 761. Border security on certain Federal land.
Sec. 762. Unmanned aerial vehicles.
Sec. 763. Relief for widows and orphans.
Sec. 764. Terrorist activities.
Sec. 765. Family unity.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
SEC. 4. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be invalid for any reason, the remainder of
this Act, the amendments made by this Act, and the application of the
provisions of such to any other person or circumstance shall not be
affected by such holding.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Additional Personnel.--
(1) Port of entry inspectors.--In each of the fiscal years
2007 through 2011, the Secretary shall, subject to the
availability of appropriations, increase by not less than 500
the number of positions for full-time active duty port of entry
inspectors and provide appropriate training, equipment, and
support to such additional inspectors.
(2) Investigative personnel.--
(A) Immigration and customs enforcement
investigators.--Section 5203 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is amended by striking ``800'' and
inserting ``1000''.
(B) Additional personnel.--In addition to the
positions authorized under section 5203 of the
Intelligence Reform and Terrorism Prevention Act of
2004, as amended by subparagraph (A), during each of
the fiscal years 2007 through 2011, the Secretary
shall, subject to the availability of appropriations,
increase by not less than 200 the number of positions
for personnel within the Department assigned to
investigate alien smuggling.
(b) Authorization of Appropriations.--
(1) Port of entry inspectors.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for
each of the fiscal years 2007 through 2011 to carry out
paragraph (1) of subsection (a).
(2) Border patrol agents.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is
amended to read as follows:
``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
``(a) Annual Increases.--The Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose,
increase the number of positions for full-time active-duty border
patrol agents within the Department of Homeland Security (above the
number of such positions for which funds were appropriated for the
preceding fiscal year), by--
``(1) 2,000 in fiscal year 2006;
``(2) 2,400 in fiscal year 2007;
``(3) 2,400 in fiscal year 2008;
``(4) 2,400 in fiscal year 2009;
``(5) 2,400 in fiscal year 2010; and
``(6) 2,400 in fiscal year 2011;
``(b) Northern Border.--In each of the fiscal years 2006 through
2011, in addition to the border patrol agents assigned along the
northern border of the United States during the previous fiscal year,
the Secretary shall assign a number of border patrol agents equal to
not less than 20 percent of the net increase in border patrol agents
during each such fiscal year.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2007 through 2011 to carry out this section.''.
SEC. 102. TECHNOLOGICAL ASSETS.
(a) Acquisition.--Subject to the availability of appropriations,
the Secretary shall procure additional unmanned aerial vehicles,
cameras, poles, sensors, and other technologies necessary to achieve
operational control of the international borders of the United States
and to establish a security perimeter known as a ``virtual fence''
along such international borders to provide a barrier to illegal
immigration.
(b) Increased Availability of Equipment.--The Secretary and the
Secretary of Defense shall develop and implement a plan to use
authorities provided to the Secretary of Defense under chapter 18 of
title 10, United States Code, to increase the availability and use of
Department of Defense equipment, including unmanned aerial vehicles,
tethered aerostat radars, and other surveillance equipment, to assist
the Secretary in carrying out surveillance activities conducted at or
near the international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary and the Secretary of Defense shall submit to
Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use of
such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out subsection (a).
(e) Construction.--Nothing in this section may be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18,
United States Code.
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities.--Subject to the
availability of appropriations, the Secretary shall construct all-
weather roads and acquire additional vehicle barriers and facilities
necessary to achieve operational control of the international borders
of the United States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out subsection (a).
SEC. 104. BORDER PATROL CHECKPOINTS.
The Secretary may maintain temporary or permanent checkpoints on
roadways in border patrol sectors that are located in proximity to the
international border between the United States and Mexico.
SEC. 105. PORTS OF ENTRY.
The Secretary is authorized to--
(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary; and
(2) make necessary improvements to the ports of entry in
existence on the date of the enactment of this Act.
SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE
BARRIERS.
(a) Tucson Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Tucson Sector located proximate to population
centers in Douglas, Nogales, Naco, and Lukeville, Arizona with
double- or triple-layered fencing running parallel to the
international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas, except
that the double- or triple-layered fence shall extend west of
Naco, Arizona, for a distance of 10 miles; and
(3) construct not less than 150 miles of vehicle barriers
and all-weather roads in the Tucson Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-border
traffic.
(b) Yuma Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Yuma Sector located proximate to population
centers in Yuma, Somerton, and San Luis, Arizona with double-
or triple-layered fencing running parallel to the international
border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas in the
Yuma Sector; and
(3) construct not less than 50 miles of vehicle barriers
and all-weather roads in the Yuma Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-border
traffic.
(c) Construction Deadline.--The Secretary shall immediately
commence construction of the fencing, barriers, and roads described in
subsections (a) and (b), and shall complete such construction not later
than 2 years after the date of the enactment of this Act.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives that describes the progress that has been made
in constructing the fencing, barriers, and roads described in
subsections (a) and (b).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the international
land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall include the
following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of the enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection of the Department is
working, or is expected to work, with the Under Secretary for
Science and Technology of the Department to identify and test
surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on safety
and airspace control issues associated with the use of unmanned
aerial vehicles.
(c) Submission to Congress.--Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit to Congress
the plan required by this section.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy.--The Secretary, in consultation with
the heads of other appropriate Federal agencies, shall develop a
National Strategy for Border Security that describes actions to be
carried out to achieve operational control over all ports of entry into
the United States and the international land and maritime borders of
the United States.
(b) Content.--The National Strategy for Border Security shall
include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime borders
of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime borders
of the United States that includes a description of activities
being undertaken--
(A) to prevent the entry of terrorists, other
unlawful aliens, instruments of terrorism, narcotics,
and other contraband into the United States; and
(B) to protect critical infrastructure at or near
such ports of entry or borders.
(4) An assessment of the legal requirements that prevent
achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities, and
recommendations regarding actions the Secretary can carry out
to improve coordination with such authorities to enable border
security and enforcement activities to be carried out in a more
efficient and effective manner.
(8) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, personal property rights,
privacy rights, and civil liberties, including an assessment of
efforts to take into account asylum seekers, trafficking
victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the international land and
maritime borders of the United States.
(11) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(12) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a prioritization
of security measures, realistic deadlines for addressing the
security and enforcement needs, an estimate of the resources
needed to carry out such measures, and a description of how
such resources should be allocated.
(c) Consultation.--In developing the National Strategy for Border
Security, the Secretary shall consult with representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise in
areas related to border security.
(d) Coordination.--The National Strategy for Border Security shall
be consistent with the National Strategy for Maritime Security
developed pursuant to Homeland Security Presidential Directive 13,
dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
update of such Strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section or section 111 may
be construed to relieve the Secretary of the responsibility to take all
actions necessary and appropriate to achieve and maintain operational
control over the entire international land and maritime borders of the
United States.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH
AMERICAN SECURITY.
(a) Requirement for Reports.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary of
State, in coordination with the Secretary and the heads of other
appropriate Federal agencies, shall submit to Congress a report on
improving the exchange of information related to the security of North
America.
(b) Contents.--Each report submitted under subsection (a) shall
contain a description of the following:
(1) Security clearances and document integrity.--The
progress made toward the development of common enrollment,
security, technical, and biometric standards for the issuance,
authentication, validation, and repudiation of secure
documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards
for the issuance, authentication, validation, and
repudiation of travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage
foreign governments to enact laws to combat alien
smuggling and trafficking, and laws to forbid the use
and manufacture of fraudulent travel documents and to
promote information sharing;
(C) applying the necessary pressures and support to
ensure that other countries meet proper travel document
standards and are committed to travel document
verification before the citizens of such countries
travel internationally, including travel by such
citizens to the United States; and
(D) providing technical assistance for the
development and maintenance of a national database
built upon identified best practices for biometrics
associated with visa and travel documents.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United States,
including the progress made--
(A) in implementing the Statement of Mutual
Understanding on Information Sharing, signed by Canada
and the United States in February 2003; and
(B) in identifying trends related to immigration
fraud, including asylum and document fraud, and to
analyze such trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who
issue visas at the consulates or embassies of Canada,
Mexico, or the United States throughout the world to
share information, trends, and best practices on visa
flows;
(B) in comparing the procedures and policies of
Canada and the United States related to visitor visa
processing, including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and
the United States to waive visa requirements for
nationals and citizens of the same foreign countries;
(D) in providing technical assistance for the
development and maintenance of a national database
built upon identified best practices for biometrics
associated with immigration violators;
(E) in developing and implementing an immigration
security strategy for North America that works toward
the development of a common security perimeter by
enhancing technical assistance for programs and systems
to support advance automated reporting and risk
targeting of international passengers;
(F) in sharing information on lost and stolen
passports on a real-time basis among immigration or law
enforcement officials of Canada, Mexico, and the United
States; and
(G) in collecting 10 fingerprints from each
individual who applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the privacy
laws of both countries, share information regarding third
country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The progress made in enhancing
the capacity of the United States to combat terrorism through
the coordination of counterterrorism efforts, including the
progress made--
(A) in developing and implementing bilateral
agreements between Canada and the United States and
between Mexico and the United States to govern the
sharing of terrorist watch list data and to
comprehensively enumerate the uses of such data by the
governments of each country;
(B) in establishing appropriate linkages among
Canada, Mexico, and the United States Terrorist
Screening Center; and
(C) in exploring with foreign governments the
establishment of a multilateral watch list mechanism
that would facilitate direct coordination between the
country that identifies an individual as an individual
included on a watch list, and the country that owns
such list, including procedures that satisfy the
security concerns and are consistent with the privacy
and other laws of each participating country.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information sharing
and law enforcement cooperation in combating organized crime,
including the progress made--
(A) in combating currency smuggling, money
laundering, alien smuggling, and trafficking in
alcohol, firearms, and explosives;
(B) in implementing the agreement between Canada
and the United States known as the Firearms Trafficking
Action Plan;
(C) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(D) in developing a joint threat assessment on
organized crime between Canada and the United States;
(E) in determining the feasibility of formulating a
joint threat assessment on organized crime between
Mexico and the United States;
(F) in developing mechanisms to exchange
information on findings, seizures, and capture of
individuals transporting undeclared currency; and
(G) in developing and implementing a plan to combat
the transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico, and
the United States through enhanced technical assistance for the
development and maintenance of a national database built upon
identified best practices for biometrics associated with known
and suspected criminals or terrorists, including exploring the
formation of law enforcement teams that include personnel from
the United States and Mexico, and appropriate procedures for
such teams.
SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance.--The Secretary of State, in coordination
with the Secretary, shall work to cooperate with the head of Foreign
Affairs Canada and the appropriate officials of the Government of
Mexico to establish a program--
(1) to assess the specific needs of Guatemala and Belize in
maintaining the security of the international borders of such
countries;
(2) to use the assessment made under paragraph (1) to
determine the financial and technical support needed by
Guatemala and Belize from Canada, Mexico, and the United States
to meet such needs;
(3) to provide technical assistance to Guatemala and Belize
to promote issuance of secure passports and travel documents by
such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of
fraudulent travel documents; and
(C) to share relevant information with Mexico,
Canada, and the United States.
(b) Border Security for Belize, Guatemala, and Mexico.--The
Secretary, in consultation with the Secretary of State, shall work to
cooperate--
(1) with the appropriate officials of the Government of
Guatemala and the Government of Belize to provide law
enforcement assistance to Guatemala and Belize that
specifically addresses immigration issues to increase the
ability of the Government of Guatemala to dismantle human
smuggling organizations and gain additional control over the
international border between Guatemala and Belize; and
(2) with the appropriate officials of the Government of
Belize, the Government of Guatemala, the Government of Mexico,
and the governments of neighboring contiguous countries to
establish a program to provide needed equipment, technical
assistance, and vehicles to manage, regulate, and patrol the
international borders between Mexico and Guatemala and between
Mexico and Belize.
(c) Tracking Central American Gangs.--The Secretary of State, in
coordination with the Secretary and the Director of the Federal Bureau
of Investigation, shall work to cooperate with the appropriate
officials of the Government of Mexico, the Government of Guatemala, the
Government of Belize, and the governments of other Central American
countries--
(1) to assess the direct and indirect impact on the United
States and Central America of deporting violent criminal
aliens;
(2) to establish a program and database to track
individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the
governments of Belize, Guatemala, Mexico, the United States,
and other appropriate countries to notify such a government if
an individual suspected of gang activity will be deported to
that country prior to the deportation and to provide support
for the reintegration of such deportees into that country; and
(4) to develop an agreement to share all relevant
information related to individuals connected with Central
American gangs.
(d) Limitations on Assistance.--Any funds made available to carry
out this section shall be subject to the limitations contained in
section 551 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act of 2006 (Public Law 109-102; 119 Stat.
2218).
SEC. 115. 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 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.
(d) Savings Provision.--Nothing in this section may be construed to
provide additional authority to any State or local entity to enforce
Federal immigration laws.
SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics.--The Commissioner of the Bureau of
Customs and Border Protection shall collect statistics relating to
deaths occurring at the border between the United States and Mexico,
including--
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Commissioner of the Bureau of
Customs and Border Protection shall submit to the Secretary a report
that--
(1) analyzes trends with respect to the statistics
collected under subsection (a) during the preceding year; and
(2) recommends actions to reduce the deaths described in
subsection (a).
Subtitle C--Other Border Security Initiatives
SEC. 121. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2007, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System (IAFIS)
of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section 110
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1365a).
SEC. 122. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and
implement a plan to improve the use of satellite communications and
other technologies to ensure clear and secure 2-way communication
capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.
SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the basic training provided to Border Patrol agents
by the Secretary to ensure that such training is provided as
efficiently and cost-effectively as possible.
(b) Components of Review.--The review under subsection (a) shall
include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by the
Federal Law Enforcement Training Center, including a
description of how such curriculum has changed since September
11, 2001, and an evaluation of language and cultural diversity
training programs provided within such curriculum.
(2) A review and a detailed breakdown of the costs incurred
by the Bureau of Customs and Border Protection and the Federal
Law Enforcement Training Center to train 1 new Border Patrol
agent.
(3) A comparison, based on the review and breakdown under
paragraph (2), of the costs, effectiveness, scope, and quality,
including geographic characteristics, with other similar
training programs provided by State and local agencies,
nonprofit organizations, universities, and the private sector.
(4) An evaluation of whether utilizing comparable non-
Federal training programs, proficiency testing, and long-
distance learning programs may affect--
(A) the cost-effectiveness of increasing the number
of Border Patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed
to fulfill the mission and duties of a Border Patrol
agent.
SEC. 124. US-VISIT SYSTEM.
Not later than 6 months after the date of the enactment of this
Act, the Secretary, in consultation with the heads of other appropriate
Federal agencies, shall submit to Congress a schedule for--
(1) equipping all land border ports of entry of the United
States with the U.S.-Visitor and Immigrant Status Indicator
Technology (US-VISIT) system implemented under section 110 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the
exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems
operated by the Secretary.
SEC. 125. DOCUMENT FRAUD DETECTION.
(a) Training.--Subject to the availability of appropriations, the
Secretary shall provide all Customs and Border Protection officers with
training in identifying and detecting fraudulent travel documents. Such
training shall be developed in consultation with the head of the
Forensic Document Laboratory of the Bureau of Immigration and Customs
Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall provide all
Customs and Border Protection officers with access to the Forensic
Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Inspector General shall
submit to Congress the findings of the assessment required by
paragraph (1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2007 through 2011 to carry out this section.
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
(a) In General.--Section 303 of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``entry and exit
documents'' and inserting ``travel and entry documents and
evidence of status'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004,
the'' and inserting ``The''; and
(B) by striking ``visas and'' both places it
appears and inserting ``visas, evidence of status,
and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Other Documents.--Not later than October 26, 2007, every
document, other than an interim document, issued by the Secretary of
Homeland Security, which may be used as evidence of an alien's status
as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be
machine-readable and tamper-resistant, and shall incorporate a
biometric identifier to allow the Secretary of Homeland Security to
verify electronically the identity and status of the alien.''.
SEC. 127. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting ``and any other nonimmigrant visa
issued by the United States that is in the possession
of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United
States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and
(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to require
aliens departing the United States to provide biometric data and other
information relating to their immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d) (8
U.S.C. 1225(d)) is amended by adding at the end the following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking
to transit through the United States; or
``(B) any lawful permanent resident who is entering
the United States and who is not regarded as seeking
admission pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--Section 252
(8 U.S.C. 1282) is amended by adding at the end the following:
``(d) An immigration officer is authorized to collect biometric
data from an alien crewman seeking permission to land temporarily in
the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for
biometric data under section 215(c) or 235(d) is
inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to an
alien described in subparagraph (C) of subsection (a)(7) and
may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of the
Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred to
as the Administrative Procedure Act) or any other law relating
to rulemaking, information collection, or publication in the
Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and
inserting the following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2007 and 2008 to implement
the automated biometric entry and exit data system at all land
border ports of entry.''.
SEC. 129. BORDER STUDY.
(a) Southern Border Study.--The Secretary, in consultation with the
Attorney General, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Defense, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency, shall conduct
a study on the construction of a system of physical barriers along the
southern international land and maritime border of the United States.
The study shall include--
(1) an assessment of the necessity of constructing such a
system, including the identification of areas of high priority
for the construction of such a system determined after
consideration of factors including the amount of narcotics
trafficking and the number of illegal immigrants apprehended in
such areas;
(2) an assessment of the feasibility of constructing such a
system;
(3) an assessment of the international, national, and
regional environmental impact of such a system, including the
impact on zoning, global climate change, ozone depletion,
biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along
such a system;
(5) an assessment of the impact such a system would have on
international trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private
property rights including issues of eminent domain and riparian
rights;
(7) an estimate of the costs associated with building a
barrier system, including costs associated with excavation,
construction, and maintenance;
(8) an assessment of the effect of such a system on Indian
reservations and units of the National Park System;
(9) an assessment of the necessity of constructing such a
system after the implementation of provisions of this Act
relating to guest workers, visa reform, and interior and
worksite enforcement, and the likely effect of such provisions
on undocumented immigration and the flow of illegal immigrants
across the international border of the United States;
(10) an assessment of the impact of such a system on
diplomatic relations between the United States and Mexico,
Central America, and South America, including the likely impact
of such a system on existing and potential areas of bilateral
and multilateral cooperative enforcement efforts;
(11) an assessment of the impact of such a system on the
quality of life within border communities in the United States
and Mexico, including its impact on noise and light pollution,
housing, transportation, security, and environmental health;
(12) an assessment of the likelihood that such a system
would lead to increased violations of the human rights, health,
safety, or civil rights of individuals in the region near the
southern international border of the United States, regardless
of the immigration status of such individuals;
(13) an assessment of the effect such a system would have
on violence near the southern international border of the
United States; and
(14) an assessment of the effect of such a system on the
vulnerability of the United States to infiltration by
terrorists or other agents intending to inflict direct harm on
the United States.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study described in subsection (a).
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department shall
review each contract action relating to the Secure Border Initiative
having a value of more than $20,000,000, to determine whether each such
action fully complies with applicable cost requirements, performance
objectives, program milestones, inclusion of small, minority, and
women-owned business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each contract
action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily suspend
the contractor from further participation in the Secure Border
Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary a report containing the findings of the review,
including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract
management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small
businesses to compete; or
(F) other high risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the Secretary
shall submit a report, to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, that describes--
(A) the findings of the report received from the
Inspector General; and
(B) the steps the Secretary has taken, or plans to
take, to address the problems identified in such
report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters is not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later that 30 days after
receiving information regarding a proposed purchase of a contract to
manage the operations of a United States port by a foreign entity, the
Committee on Foreign Investment in the United States shall submit a
report to Congress that describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to amounts that
are otherwise authorized to be appropriated to the Office of the
Inspector General of the Department, there are authorized to be
appropriated to the Office, to enable the Office to carry out this
section--
(1) for fiscal year 2007, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2008, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2009, not less than 7 percent of the
overall budget of the Office for such fiscal year.
SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN
PORTS OF ENTRY.
(a) In General.--Beginning on October 1, 2007, an alien (other than
a national of Mexico) who is attempting to illegally enter the United
States and who is apprehended at a United States port of entry or along
the international land and maritime border of the United States shall
be detained until removed or a final decision granting admission has
been determined, unless the alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1225(a)(4)) and immediately departs from the United
States pursuant to such section; or
(2) is paroled into the United States by the Secretary for
urgent humanitarian reasons or significant public benefit in
accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days after
the date of the enactment of this Act and before October 1, 2007, an
alien described in subsection (a) may be released with a notice to
appear only if--
(1) the Secretary determines, after conducting all
appropriate background and security checks on the alien, that
the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction.--
(1) Asylum and removal.--Nothing in this section shall be
construed as limiting the right of an alien to apply for asylum
or for relief or deferral of removal based on a fear of
persecution.
(2) Treatment of certain aliens.--The mandatory detention
requirement in subsection (a) does not apply to any alien who
is a native or citizen of a country in the Western Hemisphere
with whose government the United States does not have full
diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary, in the Secretary's
sole unreviewable discretion, to determine whether an alien
described in clause (ii) of section 235(b)(1)(B) of the
Immigration and Nationality Act shall be detained or released
after a finding of a credible fear of persecution (as defined
in clause (v) of such section).
SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING,
ENTRY, OR CLEARANCE REQUIREMENTS.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Evasion of inspection or during violation of arrival,
reporting, entry, or clearance requirements
``(a) Prohibition.--A person shall be punished as described in
subsection (b) if such person attempts to elude or eludes customs,
immigration, or agriculture inspection or fails to stop at the command
of an officer or employee of the United States charged with enforcing
the immigration, customs, or other laws of the United States at a port
of entry or customs or immigration checkpoint.
``(b) Penalties.--A person who commits an offense described in
subsection (a) shall be--
``(1) fined under this title;
``(2)(A) imprisoned for not more than 3 years, or both;
``(B) imprisoned for not more than 10 years, or both, if in
commission of this violation, attempts to inflict or inflicts
bodily injury (as defined in section 1365(g) of this title); or
``(C) imprisoned for any term of years or for life, or
both, if death results, and may be sentenced to death; or
``(3) both fined and imprisoned under this subsection.
``(c) Conspiracy.--If 2 or more persons conspire to commit an
offense described in subsection (a), and 1 or more of such persons do
any act to effect the object of the conspiracy, each shall be
punishable as a principal, except that the sentence of death may not be
imposed.
``(d) Prima Facie Evidence.--For the purposes of seizure and
forfeiture under applicable law, in the case of use of a vehicle or
other conveyance in the commission of this offense, or in the case of
disregarding or disobeying the lawful authority or command of any
officer or employee of the United States under section 111(b) of this
title, such conduct shall constitute prima facie evidence of smuggling
aliens or merchandise.''.
(b) Conforming Amendment.--The table of sections for chapter 27 of
title 18, United States Code, is amended by inserting at the end:
``554. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements.''.
(c) Failure to Obey Border Enforcement Officers.--Section 111 of
title 18, United States Code, is amended by inserting after subsection
(b) the following:
``(c) Failure to Obey Lawful Orders of Border Enforcement
Officers.--Whoever willfully disregards or disobeys the lawful
authority or commend of any officer or employee of the United States
charged with enforcing the immigration, customs, or other laws of the
United States while engaged in, or on account of, the performance of
official duties shall be fined under this title or imprisoned for not
more than 5 years, or both.''.
Subtitle D--Border Tunnel Prevention Act
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``Border Tunnel Prevention Act''.
SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.
(a) In General.--Chapter 27 of title 18, United States Code, as
amended by section 132, is further amended by adding at the end the
following:
``Sec. 555. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses the
international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by the Bureau
of Immigration and Customs Enforcement, shall be fined under this title
and imprisoned for not more than 20 years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in subsection (a)
on land that the person owns or controls shall be fined under this
title and imprisoned for not more than 10 years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in violation of
section 545), controlled substances, weapons of mass destruction
(including biological weapons), or a member of a terrorist organization
(as defined in section 212(a)(3)(B)(vi) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a
maximum term of imprisonment that is twice the maximum term of
imprisonment that would have otherwise been applicable had the unlawful
activity not made use of such a tunnel or passage.''.
(b) Clerical Amendment.--The table of sections for chapter 27 of
title 18, United States Code, as amended by section 132, is further
amended by adding at the end the following:
``Sec. 555. Border tunnels and passages.''.
(c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United
States Code, is amended by inserting ``555,'' before ``1425,''.
SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate or amend
sentencing guidelines to provide for increased penalties for persons
convicted of offenses described in section 554 of title 18, United
States Code, as added by section 132.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious nature
of the offenses described in section 554 of title 18, United
States Code, and the need for aggressive and appropriate law
enforcement action to prevent such offenses;
(2) provide adequate base offense levels for offenses under
such section;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a tunnel or passage described in
subsection (a) of such section to facilitate other
felonies; and
(B) the circumstances for which the sentencing
guidelines currently provide applicable sentencing
enhancements;
(4) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(6) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code.
Subtitle E--Border Law Enforcement Relief Act
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Border Law Enforcement Relief
Act of 2006''.
SEC. 152. FINDINGS.
Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately secure the Nation's borders and
prevent the flow of undocumented persons and illegal drugs into
the United States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to illegally
enter the United States, according to the Congressional
Research Service, the net growth in the number of unauthorized
aliens has increased by approximately 500,000 each year. The
Southwest border accounts for approximately 94 percent of all
migrant apprehensions each year. Currently, there are an
estimated 11,000,000 unauthorized aliens in the United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest Border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border are
provided no assistance in covering such expenses and must use
their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with Mexico. Many of the local law
enforcement agencies located along the border are small, rural
departments charged with patrolling large areas of land.
Counties along the Southwest United States-Mexico border are
some of the poorest in the country and lack the financial
resources to cover the additional costs associated with illegal
immigration, drug trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security in
the region
SEC. 153. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the
jurisdiction of such agency by virtue of such agency's
proximity to the United States border; and
(B) the impact of any lack of security along the
United States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2007 through 2011.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any eligible
law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United
States border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may
only be used to provide additional resources for an eligible law
enforcement agency to address criminal activity occurring along any
such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from
a United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from
any such border, but where such county has been
certified by the Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that
county have the resources to protect the lives,
property, safety, or welfare of the residents of that
county;
(B) the relationship between any lack of security
along the United States border and the rise, if any, of
criminal activity in that county; and
(C) any other unique challenges that local law
enforcement face due to a lack of security along the
United States border.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2007 through 2011 to carry
out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law
enforcement agencies located in the 6 States with the
largest number of undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated
as a High Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for grants under
this section shall be used to supplement and not supplant other State
and local public funds obligated for the purposes provided under this
title.
SEC. 154. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this subtitle shall be construed to authorize State or
local law enforcement agencies or their officers to exercise Federal
immigration law enforcement authority.
TITLE II--INTERIOR ENFORCEMENT
SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.
(a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C. 1158(b)(2)(A)(v)) is
amended by striking ``or (VI)'' and inserting ``(V), (VI), (VII), or
(VIII)''.
(b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
1229c(b)(1)(C)) is amended by striking ``deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting ``described in
paragraph (2)(A)(iii) or (4) of section 237(a)''.
(d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv) by striking the period at the end and
inserting ``; or'';
(3) by inserting after clause (iv) the following:
``(v) the alien is described in section
237(a)(4)(B) (other than an alien described in
section 212(a)(3)(B)(i)(IV) if the Secretary of
Homeland Security determines that there are not
reasonable grounds for regarding the alien as a
danger to the security of the United
States).''; and
(4) in the undesignated paragraph, by striking ``For
purposes of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect to
whom there are reasonable grounds for regarding as a danger to
the security of the United States.''.
(e) Record of Admission.--Section 249 (8 U.S.C. 1259) is amended to
read as follows:
``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF
CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO
JANUARY 1, 1972.
``A record of lawful admission for permanent residence may be made,
in the discretion of the Secretary of Homeland Security and under such
regulations as the Secretary may prescribe, for any alien, as of the
date of the approval of the alien's application or, if entry occurred
before July 1, 1924, as of the date of such entry if no such record is
otherwise available, if the alien establishes that the alien--
``(1) is not described in section 212(a)(3)(E) or in
section 212(a) (insofar as it relates to criminals, procurers,
other immoral persons, subversives, violators of the narcotics
laws, or smugglers of aliens);
``(2) entered the United States before January 1, 1972;
``(3) has resided in the United States continuously since
such entry;
``(4) is a person of good moral character;
``(5) is not ineligible for citizenship; and
``(6) is not described in section 237(a)(4)(B).''.
(f) Effective Date and Application.--The amendments made by this
section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any act or condition constituting a ground for
inadmissibility, excludability, or removal occurring or
existing on or after the date of the enactment of this Act.
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(a) In General.--
(1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(A) by striking ``Attorney General'' the first
place it appears and inserting ``Secretary of Homeland
Security'';
(B) by striking ``Attorney General'' any other
place it appears and inserting ``Secretary'';
(C) in paragraph (1)--
(i) in subparagraph (B), by amending clause
(ii) to read as follows:
``(ii) If a court, the Board of Immigration
Appeals, or an immigration judge orders a stay
of the removal of the alien, the expiration
date of the stay of removal.'';
(ii) by amending subparagraph (C) to read
as follows:
``(C) Extension of period.--The removal period
shall be extended beyond a period of 90 days and the
alien may remain in detention during such extended
period if the alien fails or refuses to--
``(i) make all reasonable efforts to comply
with the removal order; or
``(ii) fully cooperate with the Secretary's
efforts to establish the alien's identity and
carry out the removal order, including failing
to make timely application in good faith for
travel or other documents necessary to the
alien's departure, or conspiring or acting to
prevent the alien's removal.''; and
(iii) by adding at the end the following:
``(D) Tolling of period.--If, at the time described
in subparagraph (B), the alien is not in the custody of
the Secretary under the authority of this Act, the
removal period shall not begin until the alien is taken
into such custody. If the Secretary lawfully transfers
custody of the alien during the removal period to
another Federal agency or to a State or local
government agency in connection with the official
duties of such agency, the removal period shall be
tolled, and shall recommence on the date on which the
alien is returned to the custody of the Secretary.'';
(D) in paragraph (2), by adding at the end the
following: ``If a court, the Board of Immigration
Appeals, or an immigration judge orders a stay of
removal of an alien who is subject to an administrative
final order of removal, the Secretary, in the exercise
of discretion, may detain the alien during the pendency
of such stay of removal.'';
(E) in paragraph (3), by amending subparagraph (D)
to read as follows:
``(D) to obey reasonable restrictions on the
alien's conduct or activities, or to perform
affirmative acts, that the Secretary prescribes for the
alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community;
or
``(iii) for other purposes related to the
enforcement of the immigration laws.'';
(F) in paragraph (6), by striking ``removal period
and, if released,'' and inserting ``removal period, in
the discretion of the Secretary, without any
limitations other than those specified in this section,
until the alien is removed. If an alien is released,
the alien'';
(G) by redesignating paragraph (7) as paragraph
(10); and
(H) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of the
alien's parole or the alien's removal becomes reasonably
foreseeable, provided that in no circumstance shall such alien
be considered admitted.
``(8) Additional rules for detention or release of
aliens.--The following procedures shall apply to an alien
detained under this section:
``(A) Detention review process for aliens who have
effected an entry and fully cooperate with removal.--
The Secretary of Homeland Security shall establish an
administrative review process to determine whether an
alien described in subparagraph (B) should be detained
or released after the removal period in accordance with
this paragraph.
``(B) Alien described.--An alien is described in
this subparagraph if the alien--
``(i) has effected an entry into the United
States;
``(ii) has made all reasonable efforts to
comply with the alien's removal order;
``(iii) has cooperated fully with the
Secretary's efforts to establish the alien's
identity and to carry out the removal order,
including making timely application in good
faith for travel or other documents necessary
for the alien's departure; and
``(iv) has not conspired or acted to
prevent removal.
``(C) Evidence.--In making a determination under
subparagraph (A), the Secretary--
``(i) shall consider any evidence submitted
by the alien;
``(ii) may consider any other evidence,
including--
``(I) any information or assistance
provided by the Department of State or
other Federal agency; and
``(II) any other information
available to the Secretary pertaining
to the ability to remove the alien.
``(D) Authority to detain for 90 days beyond
removal period.--The Secretary, in the exercise of the
Secretary's discretion and without any limitations
other than those specified in this section, may detain
an alien for 90 days beyond the removal period
(including any extension of the removal period under
paragraph (1)(C)).
``(E) Authority to detain for additional period.--
The Secretary, in the exercise of the Secretary's
discretion and without any limitations other than those
specified in this section, may detain an alien beyond
the 90-day period authorized under subparagraph (D)
until the alien is removed, if the Secretary--
``(i) determines that there is a
significant likelihood that the alien will be
removed in the reasonably foreseeable future;
or
``(ii) certifies in writing--
``(I) in consultation with the
Secretary of Health and Human Services,
that the alien has a highly contagious
disease that poses a threat to public
safety;
``(II) after receipt of a written
recommendation from the Secretary of
State, that the release of the alien
would likely have serious adverse
foreign policy consequences for the
United States;
``(III) based on information
available to the Secretary (including
classified, sensitive, or national
security information, and regardless of
the grounds upon which the alien was
ordered removed), that there is reason
to believe that the release of the
alien would threaten the national
security of the United States;
``(IV) that--
``(aa) the release of the
alien would threaten the safety
of the community or any person,
and conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person; and
``(bb) the alien--
``(AA) has been
convicted of 1 or more
aggravated felonies (as
defined in section
101(a)(43)(A)), or of 1
or more attempts or
conspiracies to commit
any such aggravated
felonies for an
aggregate term of
imprisonment of at
least 5 years; or
``(BB) has
committed a crime of
violence (as defined in
section 16 of title 18,
United States Code, but
not including a purely
political offense) and,
because of a mental
condition or
personality disorder
and behavior associated
with that condition or
disorder, is likely to
engage in acts of
violence in the future;
or
``(V) that--
``(aa) the release of the
alien would threaten the safety
of the community or any person,
notwithstanding conditions of
release designed to ensure the
safety of the community or any
person; and
``(bb) the alien has been
convicted of 1 or more
aggravated felonies (as defined
in section 101(a)(43)) for
which the alien was sentenced
to an aggregate term of
imprisonment of not less than 1
year.
``(F) Administrative review process.--The
Secretary, without any limitations other than those
specified in this section, may detain an alien pending
a determination under subparagraph (E)(ii), if the
Secretary has initiated the administrative review
process identified in subparagraph (A) not later than
30 days after the expiration of the removal period
(including any extension of the removal period under
paragraph (1)(C)).
``(G) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a
certification under subparagraph (E)(ii) every
6 months, without limitation, after providing
the alien with an opportunity to request
reconsideration of the certification and to
submit documents or other evidence in support
of that request. If the Secretary does not
renew such certification, the Secretary shall
release the alien, pursuant to subparagraph
(H).
``(ii) Delegation.--Notwithstanding any
other provision of law, the Secretary may not
delegate the authority to make or renew a
certification described in subclause (II),
(III), or (V) of subparagraph (E)(ii) to any
employee reporting to the Assistant Secretary
for Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary may request
that the Attorney General, or a designee of the
Attorney General, provide for a hearing to make
the determination described in subparagraph
(E)(ii)(IV)(bb)(BB).
``(H) Release on conditions.--If it is determined
that an alien should be released from detention, the
Secretary may, in the Secretary's discretion, impose
conditions on release in accordance with the
regulations prescribed pursuant to paragraph (3).
``(I) Redetention.--The Secretary, without any
limitations other than those specified in this section,
may detain any alien subject to a final removal order
who has previously been released from custody if--
``(i) the alien fails to comply with the
conditions of release;
``(ii) the alien fails to continue to
satisfy the conditions described in
subparagraph (B); or
``(iii) upon reconsideration, the Secretary
determines that the alien can be detained under
subparagraph (E).
``(J) Applicability.--This paragraph and paragraphs
(6) and (7) shall apply to any alien returned to
custody under subparagraph (I) as if the removal period
terminated on the day of the redetention.
``(K) Detention review process for aliens who have
effected an entry and fail to cooperate with removal.--
The Secretary shall detain an alien until the alien
makes all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary's
efforts, if the alien--
``(i) has effected an entry into the United
States; and
``(ii)(I) and the alien faces a significant
likelihood that the alien will be removed in
the reasonably foreseeable future, or would
have been removed if the alien had not--
``(aa) failed or refused to make
all reasonable efforts to comply with a
removal order;
``(bb) failed or refused to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
the failure to make timely application
in good faith for travel or other
documents necessary to the alien's
departure; or
``(cc) conspired or acted to
prevent removal; or
``(II) the Secretary makes a certification
as specified in subparagraph (E), or the
renewal of a certification specified in
subparagraph (G).
``(L) Detention review process for aliens who have
not effected an entry.--Except as otherwise provided in
this subparagraph, the Secretary shall follow the
guidelines established in section 241.4 of title 8,
Code of Federal Regulations, when detaining aliens who
have not effected an entry. The Secretary may decide to
apply the review process outlined in this paragraph.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia and
only if the alien has exhausted all administrative remedies
(statutory and nonstatutory) available to the alien as of
right.''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date of the enactment
of this Act; and
(B) shall apply to--
(i) any alien subject to a final
administrative removal, deportation, or
exclusion order that was issued before, on, or
after the date of the enactment of this Act;
and
(ii) any act or condition occurring or
existing before, on, or after the date of the
enactment of this Act.
(b) Criminal Detention of Aliens.--Section 3142 of title 18, United
States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(B) by inserting ``(1)'' before ``If, after a
hearing'';
(C) in subparagraphs (B) and (C), as redesignated,
by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(D) by adding after subparagraph (C), as
redesignated, the following:
``(2) Subject to rebuttal by the person, it shall be presumed that
no condition or combination of conditions will reasonably assure the
appearance of the person as required if the judicial officer finds that
there is probable cause to believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under section 911,
922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter 75
or 77 of this title, or section 243, 274, 275, 276, 277, or 278
of the Immigration and Nationality Act (8 U.S.C. 1253, 1324,
1325, 1326, 2327, and 1328).''; and
(2) in subsection (g)(3)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) the person's immigration status; and''.
SEC. 203. AGGRAVATED FELONY.
(a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law
(except for the provision providing an effective date for
section 203 of the Comprehensive Reform Act of 2006), the term
`aggravated felony' applies to an offense described in this
paragraph, whether in violation of Federal or State law and to
such an offense in violation of the law of a foreign country,
for which the term of imprisonment was completed within the
previous 15 years, even if the length of the term of
imprisonment is based on recidivist or other enhancements and
regardless of whether the conviction was entered before, on, or
after September 30, 1996, and means--'';
(2) in subparagraph (A), by striking ``murder, rape, or
sexual abuse of a minor;'' and inserting ``murder, rape, or
sexual abuse of a minor, whether or not the minority of the
victim is established by evidence contained in the record of
conviction or by evidence extrinsic to the record of
conviction;'';
(3) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'';
(4) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275 or
276 for which the term of imprisonment is at least 1 year'';
(5) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``aiding or abetting an offense described in this
paragraph, or soliciting, counseling, procuring, commanding, or
inducing another, attempting, or conspiring to commit such an
offense''; and
(6) by striking the undesignated matter following
subparagraph (U).
(b) Effective Date and Application.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of the enactment of
this Act; and
(B) apply to any act that occurred on or after the
date of the enactment of this Act.
(2) Application of iiraira amendments.--The amendments to
section 101(a)(43) of the Immigration and Nationality Act made
by section 321 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat. 3009-627) shall continue to apply, whether the
conviction was entered before, on, or after September 30, 1996.
SEC. 204. TERRORIST BARS.
(a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C.
1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or Attorney
General based upon any relevant information or evidence,
including classified, sensitive, or national security
information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following: ``,
regardless of whether the crime was defined as an aggravated
felony under subsection (a)(43) at the time of the conviction,
unless--
``(A) the person completed the term of imprisonment
and sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the
Attorney General waives the application of this
paragraph; or''; and
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character'' and inserting the following:
``a discretionary finding for other reasons that such a person
is or was not of good moral character. In determining an
applicant's moral character, the Secretary of Homeland Security
and the Attorney General may take into consideration the
applicant's conduct and acts at any time and are not limited to
the period during which good moral character is required.''.
(b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) is
amended by adding at the end the following: ``A petition may not be
approved under this section if there is any administrative or judicial
proceeding (whether civil or criminal) pending against the petitioner
that could directly or indirectly result in the petitioner's
denaturalization or the loss of the petitioner's lawful permanent
resident status.''.
(c) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien has had the conditional
basis removed pursuant to this section'' before the period at
the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien has had the
conditional basis removed pursuant to this section'' before the
period at the end.
(d) Judicial Review of Naturalization Applications.--Section 310(c)
(8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and
(2) by adding at the end the following: ``Except that in
any proceeding, other than a proceeding under section 340, the
court shall review for substantial evidence the administrative
record and findings of the Secretary of Homeland Security
regarding whether an alien is a person of good moral character,
understands and is attached to the principles of the
Constitution of the United States, or is well disposed to the
good order and happiness of the United States. The petitioner
shall have the burden of showing that the Secretary's denial of
the application was contrary to law.''.
(e) Persons Endangering National Security.--Section 316 (8 U.S.C.
1427) is amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person may not
be naturalized if the Secretary of Homeland Security determines, based
upon any relevant information or evidence, including classified,
sensitive, or national security information, that the person was once
an alien described in section 212(a)(3) or 237(a)(4).''.
(f) Concurrent Naturalization and Removal Proceedings.--Section 318
(8 U.S.C. 1429) is amended by striking ``the Attorney General if'' and
all that follows and inserting: ``the Secretary of Homeland Security or
any court if there is pending against the applicant any removal
proceeding or other proceeding to determine the applicant's
inadmissibility or deportability, or to determine whether the
applicant's lawful permanent resident status should be rescinded,
regardless of when such proceeding was commenced. The findings of the
Attorney General in terminating removal proceedings or canceling the
removal of an alien under this Act shall not be deemed binding in any
way upon the Secretary of Homeland Security with respect to the
question of whether such person has established eligibility for
naturalization in accordance with this title.''.
(g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 1447(b))
is amended to read as follows:
``(b) Request for Hearing Before District Court.--If there is a
failure to render a final administrative decision under section 335
before the end of the 180-day period beginning on the date on which the
Secretary of Homeland Security completes all examinations and
interviews required under such section, the applicant may apply to the
district court for the district in which the applicant resides for a
hearing on the matter. The Secretary shall notify the applicant when
such examinations and interviews have been completed. Such district
court shall only have jurisdiction to review the basis for delay and
remand the matter, with appropriate instructions, to the Secretary for
the Secretary's determination on the application.''.
(h) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to any act that occurred on or after such
date of enactment.
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE,
REMOVAL, AND ALIEN SMUGGLING.
(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (J); and
(B) by inserting after subparagraph (E) the
following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who a consular officer, the Attorney General, or the
Secretary of Homeland Security knows or has reason to
believe--
``(i) is, or has been, a member of a
criminal street gang (as defined in section
521(a) of title 18, United States Code); or
``(ii) has participated in the activities
of a criminal street gang, knowing or having
reason to know that such activities promoted,
furthered, aided, or supported the illegal
activity of the criminal gang,
is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who the Secretary of Homeland Security or the Attorney
General knows or has reason to believe--
``(i) is, or at any time after admission
has been, a member of a criminal street gang
(as defined in section 521(a) of title 18,
United States Code); or
``(ii) has participated in the activities
of a criminal street gang, knowing or having
reason to know that such activities promoted,
furthered, aided, or supported the illegal
activity of the criminal gang,
is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(B) in subsection (b)(3)--
(i) in subparagraph (B), by striking the
last sentence and inserting the following:
``Notwithstanding any other provision of this
section, the Secretary of Homeland Security
may, for any reason (including national
security), terminate or modify any designation
under this section. Such termination or
modification is effective upon publication in
the Federal Register, or after such time as the
Secretary may designate in the Federal
Register.'';
(ii) in subparagraph (C), by striking ``a
period of 12 or 18 months'' and inserting ``any
other period not to exceed 18 months'';
(C) in subsection (c)--
(i) in paragraph (1)(B), by striking ``The
amount of any such fee shall not exceed $50.'';
(ii) in paragraph (2)(B)--
(I) in clause (i), by striking ``,
or'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(iii) the alien is, or at any time after
admission has been, a member of a criminal
street gang (as defined in section 521(a) of
title 18, United States Code).''; and
(D) in subsection (d)--
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end
the following: ``The Secretary of Homeland
Security may detain an alien provided temporary
protected status under this section whenever
appropriate under any other provision of
law.''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``212(a) or'' after ``section''; and
(B) in the matter following subparagraph (D)--
(i) by striking ``or imprisoned not more
than four years'' and inserting ``and
imprisoned for not less than 6 months or more
than 5 years''; and
(ii) by striking ``, or both'';
(2) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and inserting
``under title 18, United States Code, and imprisoned for not
less than 6 months or more than 5 years (or for not more than
10 years if the alien is a member of any of the classes
described in paragraphs (1)(E), (2), (3), and (4) of section
237(a)).''; and
(3) by amending subsection (d) to read as follows:
``(d) Denying Visas to Nationals of Country Denying or Delaying
Accepting Alien.--The Secretary of Homeland Security, after making a
determination that the government of a foreign country has denied or
unreasonably delayed accepting an alien who is a citizen, subject,
national, or resident of that country after the alien has been ordered
removed, and after consultation with the Secretary of State, may
instruct the Secretary of State to deny a visa to any citizen, subject,
national, or resident of that country until the country accepts the
alien that was ordered removed.''.
(c) Alien Smuggling and Related Offenses.--
(1) In general.--Section 274 (8 U.S.C. 1324), is amended to
read as follows:
``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
``(a) Criminal Offenses and Penalties.--
``(1) Prohibited activities.--Except as provided in
paragraph (3), a person shall be punished as provided under
paragraph (2), if the person--
``(A) facilitates, encourages, directs, or induces
a person to come to or enter the United States, or to
cross the border to the United States, knowing or in
reckless disregard of the fact that such person is an
alien who lacks lawful authority to come to, enter, or
cross the border to the United States;
``(B) facilitates, encourages, directs, or induces
a person to come to or enter the United States, or to
cross the border to the United States, at a place other
than a designated port of entry or place other than as
designated by the Secretary of Homeland Security,
knowing or in reckless disregard of the fact that such
person is an alien and regardless of whether such alien
has official permission or lawful authority to be in
the United States;
``(C) transports, moves, harbors, conceals, or
shields from detection a person outside of the United
States knowing or in reckless disregard of the fact
that such person is an alien in unlawful transit from 1
country to another or on the high seas, under
circumstances in which the alien is seeking to enter
the United States without official permission or legal
authority;
``(D) encourages or induces a person to reside in
the United States, knowing or in reckless disregard of
the fact that such person is an alien who lacks lawful
authority to reside in the United States;
``(E) transports or moves a person in the United
States, knowing or in reckless disregard of the fact
that such person is an alien who lacks lawful authority
to enter or be in the United States, if the
transportation or movement will further the alien's
illegal entry into or illegal presence in the United
States;
``(F) harbors, conceals, or shields from detection
a person in the United States, knowing or in reckless
disregard of the fact that such person is an alien who
lacks lawful authority to be in the United States; or
``(G) conspires or attempts to commit any of the
acts described in subparagraphs (A) through (F).
``(2) Criminal penalties.--A person who violates any
provision under paragraph (1)--
``(A) except as provided in subparagraphs (C)
through (G), if the offense was not committed for
commercial advantage, profit, or private financial
gain, shall be fined under title 18, United States
Code, imprisoned for not more than 5 years, or both;
``(B) except as provided in subparagraphs (C)
through (G), if the offense was committed for
commercial advantage, profit, or private financial
gain--
``(i) if the violation is the offender's
first violation under this subparagraph, shall
be fined under such title, imprisoned for not
more than 20 years, or both; or
``(ii) if the violation is the offender's
second or subsequent violation of this
subparagraph, shall be fined under such title,
imprisoned for not less than 3 years or more
than 20 years, or both;
``(C) if the offense furthered or aided the
commission of any other offense against the United
States or any State that is punishable by imprisonment
for more than 1 year, shall be fined under such title,
imprisoned for not less than 5 years or more than 20
years, or both;
``(D) shall be fined under such title, imprisoned
not less than 5 years or more than 20 years, or both,
if the offense created a substantial and foreseeable
risk of death, a substantial and foreseeable risk of
serious bodily injury (as defined in section 2119(2) of
title 18, United States Code), or inhumane conditions
to another person, including--
``(i) transporting the person in an engine
compartment, storage compartment, or other
confined space;
``(ii) transporting the person at an
excessive speed or in excess of the rated
capacity of the means of transportation; or
``(iii) transporting the person in,
harboring the person in, or otherwise
subjecting the person to crowded or dangerous
conditions;
``(E) if the offense caused serious bodily injury
(as defined in section 2119(2) of title 18, United
States Code) to any person, shall be fined under such
title, imprisoned for not less than 7 years or more
than 30 years, or both;
``(F) shall be fined under such title and
imprisoned for not less than 10 years or more than 30
years if the offense involved an alien who the offender
knew or had reason to believe was--
``(i) engaged in terrorist activity (as
defined in section 212(a)(3)(B)); or
``(ii) intending to engage in terrorist
activity;
``(G) if the offense caused or resulted in the
death of any person, shall be punished by death or
imprisoned for a term of years not less than 10 years
and up to life, and fined under title 18, United States
Code.
``(3) Limitation.--It is not a violation of subparagraph
(D), (E), or (F) of paragraph (1)--
``(A) for a religious denomination having a bona
fide nonprofit, religious organization in the United
States, or the agents or officers of such denomination
or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to
perform the vocation of a minister or missionary for
the denomination or organization in the United States
as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses,
provided the minister or missionary has been a member
of the denomination for at least 1 year; or
``(B) for an individual or organization, not
previously convicted of a violation of this section, to
provide an alien who is present in the United States
with humanitarian assistance, including medical care,
housing, counseling, victim services, and food, or to
transport the alien to a location where such assistance
can be rendered.
``(4) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Employment of Unauthorized Aliens.--
``(1) Criminal offense and penalties.--Any person who,
during any 12-month period, knowingly employs 10 or more
individuals with actual knowledge or in reckless disregard of
the fact that the individuals are aliens described in paragraph
(2), shall be fined under title 18, United States Code,
imprisoned for not more than 10 years, or both.
``(2) Definition.--An alien described in this paragraph is
an alien who--
``(A) is an unauthorized alien (as defined in
section 274A(h)(3));
``(B) is present in the United States without
lawful authority; and
``(C) has been brought into the United States in
violation of this subsection.
``(c) Seizure and Forfeiture.--
``(1) In general.--Any real or personal property used to
commit or facilitate the commission of a violation of this
section, the gross proceeds of such violation, and any property
traceable to such property or proceeds, shall be subject to
forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents, and
other persons as may be designated for that purpose by the
Secretary of Homeland Security.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, prima facie evidence that an alien involved
in the alleged violation lacks lawful authority to come to,
enter, reside in, remain in, or be in the United States or that
such alien had come to, entered, resided in, remained in, or
been present in the United States in violation of law shall
include--
``(A) any order, finding, or determination
concerning the alien's status or lack of status made by
a Federal judge or administrative adjudicator
(including an immigration judge or immigration officer)
during any judicial or administrative proceeding
authorized under Federal immigration law;
``(B) official records of the Department of
Homeland Security, the Department of Justice, or the
Department of State concerning the alien's status or
lack of status; and
``(C) testimony by an immigration officer having
personal knowledge of the facts concerning the alien's
status or lack of status.
``(d) Authority to Arrest.--No officer or person shall have
authority to make any arrests for a violation of any provision of this
section except--
``(1) officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a
class; and
``(2) other officers responsible for the enforcement of
Federal criminal laws.
``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, the
videotaped or otherwise audiovisually preserved deposition of a witness
to a violation of subsection (a) who has been deported or otherwise
expelled from the United States, or is otherwise unavailable to
testify, may be admitted into evidence in an action brought for that
violation if--
``(1) the witness was available for cross examination at
the deposition by the party, if any, opposing admission of the
testimony; and
``(2) the deposition otherwise complies with the Federal
Rules of Evidence.
``(f) Outreach Program.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, as appropriate, shall--
``(A) develop and implement an outreach program to
educate people in and out of the United States about
the penalties for bringing in and harboring aliens in
violation of this section; and
``(B) establish the American Local and Interior
Enforcement Needs (ALIEN) Task Force to identify and
respond to the use of Federal, State, and local
transportation infrastructure to further the
trafficking of unlawful aliens within the United
States.
``(2) Field offices.--The Secretary of Homeland Security,
after consulting with State and local government officials,
shall establish such field offices as may be necessary to carry
out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums are necessary for the
fiscal years 2007 through 2011 to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Crossed the border into the united states.--An alien
is deemed to have crossed the border into the United States
regardless of whether the alien is free from official
restraint.
``(2) Lawful authority.--The term `lawful authority' means
permission, authorization, or license that is expressly
provided for in the immigration laws of the United States or
accompanying regulations. The term does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority sought, but not approved. No alien shall be
deemed to have lawful authority to come to, enter, reside in,
remain in, or be in the United States if such coming to, entry,
residence, remaining, or presence was, is, or would be in
violation of law.
``(3) Proceeds.--The term `proceeds' includes any property
or interest in property obtained or retained as a consequence
of an act or omission in violation of this section.
``(4) Unlawful transit.--The term `unlawful transit' means
travel, movement, or temporary presence that violates the laws
of any country in which the alien is present or any country
from which the alien is traveling or moving.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 274 and inserting the
following:
``Sec. 274. Alien smuggling and related offenses.''.
(d) Prohibiting Carrying or Using a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``any crime of violence'';
(B) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``such crime of violence'';
(C) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien smuggling
crime' means any felony punishable under section 274(a), 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
1328).''.
SEC. 206. ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as
follows:
``SEC. 275. ILLEGAL ENTRY.
``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into
the United States at any time or place other than as
designated by the Secretary of Homeland Security;
``(B) knowingly eludes examination or inspection by
an immigration officer (including failing to stop at
the command of such officer), or a customs or
agriculture inspection at a port of entry; or
``(C) knowingly enters or crosses the border to the
United States by means of a knowingly false or
misleading representation or the knowing concealment of
a material fact (including such representation or
concealment in the context of arrival, reporting,
entry, or clearance requirements of the customs law,
immigration laws, agriculture laws, or shipping laws).
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined
under title 18, United States Code, imprisoned not more
than 6 months, or both;
``(B) shall, for a second or subsequent violation,
or following an order of voluntary departure, be fined
under such title, imprisoned not more than 2 years, or
both;
``(C) if the violation occurred after the alien had
been convicted of 3 or more misdemeanors or for a
felony, shall be fined under such title, imprisoned not
more than 10 years, or both;
``(D) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 30 months,
shall be fined under such title, imprisoned not more
than 15 years, or both; and
``(E) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 60 months, such
alien shall be fined under such title, imprisoned not
more than 20 years, or both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are elements
of the offenses described in that paragraph and the penalties
in such subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or
admitted by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration officer.
``(5) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as for
a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--
``(1) In general.--Any alien who is apprehended while
entering, attempting to enter, or knowingly crossing or
attempting to cross the border to the United States at a time
or place other than as designated by immigration officers shall
be subject to a civil penalty, in addition to any criminal or
other civil penalties that may be imposed under any other
provision of law, in an amount equal to--
``(A) not less than $50 or more than $250 for each
such entry, crossing, attempted entry, or attempted
crossing; or
``(B) twice the amount specified in paragraph (1)
if the alien had previously been subject to a civil
penalty under this subsection.
``(2) Crossed the border defined.--In this section, an
alien is deemed to have crossed the border if the act was
voluntary, regardless of whether the alien was under
observation at the time of the crossing.''.
(b) Clerical Amendment.--The table of contents is amended by
striking the item relating to section 275 and inserting the following:
``Sec. 275. Illegal entry.''.
SEC. 207. ILLEGAL REENTRY.
Section 276 (8 U.S.C. 1326) is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection--
``(1) was convicted for 3 or more misdemeanors or a felony
before such removal or departure, the alien shall be fined
under title 18, United States Code, imprisoned not more than 10
years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, imprisoned not more than 15 years, or
both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both;
``(4) was convicted for 3 felonies before such removal or
departure, the alien shall be fined under such title,
imprisoned not more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnaping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B (relating
to terrorism) of such title, the alien shall be fined under
such title, imprisoned not more than 20 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described in that
subsection, and the penalties in that subsection shall apply only in
cases in which the conviction or convictions that form the basis for
the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance
consent under the Immigration and Nationality Act or
any prior Act; and
``(B) had complied with all other laws and
regulations governing the alien's admission into the
United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien
unless the alien demonstrates by clear and convincing evidence that--
``(1) the alien exhausted all administrative remedies that
may have been available to seek relief against the order;
``(2) the removal proceedings at which the order was issued
improperly deprived the alien of the opportunity for judicial
review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a violation of
this section for an individual to provide an alien with emergency
humanitarian assistance, including emergency medical care and food, or
to transport the alien to a location where such assistance can be
rendered without compensation or the expectation of compensation.
``(i) Definitions.--In this section:
``(1) Crosses the border.--The term `crosses the border'
applies if an alien acts voluntarily, regardless of whether the
alien was under observation at the time of the crossing.
``(2) Felony.--Term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(5) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
(a) Passport, Visa, and Immigration Fraud.--
(1) In general.--Chapter 75 of title 18, United States
Code, is amended to read as follows:
``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Any person who, during any 3-year
period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport
(including any supporting documentation), knowing the
applications to contain any false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Passport Materials.--Any person who knowingly and without
lawful authority produces, counterfeits, secures, possesses, or uses
any official paper, seal, hologram, image, text, symbol, stamp,
engraving, plate, or other material used to make a passport shall be
fined under this title, imprisoned not more than 20 years, or both.
``Sec. 1542. False statement in an application for a passport
``Any person who knowingly--
``(1) makes any false statement or representation in an
application for a United States passport (including any
supporting documentation);
``(2) completes, mails, prepares, presents, signs, or
submits an application for a United States passport (including
any supporting documentation) knowing the application to
contain any false statement or representation; or
``(3) causes or attempts to cause the production of a
passport by means of any fraud or false application for a
United States passport (including any supporting
documentation), if such production occurs or would occur at a
facility authorized by the Secretary of State for the
production of passports,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1543. Forgery and unlawful production of a passport
``(a) Forgery.--Any person who--
``(1) knowingly forges, counterfeits, alters, or falsely
makes any passport; or
``(2) knowingly transfers any passport knowing it to be
forged, counterfeited, altered, falsely made, stolen, or to
have been produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Unlawful Production.--Any person who knowingly and without
lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person not owing allegiance to
the United States; or
``(3) transfers or furnishes a passport to a person for use
when such person is not the person for whom the passport was
issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1544. Misuse of a passport
``(a) In General.--Any person who--
``(1) knowingly uses any passport issued or designed for
the use of another;
``(2) knowingly uses any passport in violation of the
conditions or restrictions therein contained, or in violation
of the laws, regulations, or rules governing the issuance and
use of the passport;
``(3) knowingly secures, possesses, uses, receives, buys,
sells, or distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) knowingly violates the terms and conditions of any
safe conduct duly obtained and issued under the authority of
the United States,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Entry; Fraud.--Any person who knowingly uses any passport,
knowing the passport to be forged, counterfeited, altered, falsely
made, procured by fraud, produced or issued without lawful authority,
or issued or designed for the use of another--
``(1) to enter or to attempt to enter the United States; or
``(2) to defraud the United States, a State, or a political
subdivision of a State,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1545. Schemes to defraud aliens
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under Federal immigration laws, or any matter the offender claims or
represents is authorized by or arises under Federal immigration laws--
``(1) to defraud any person, or
``(2) to obtain or receive from any person, by means of
false or fraudulent pretenses, representations, promises, money
or anything else of value,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents himself to be an attorney in any matter arising under
Federal immigration laws shall be fined under this title, imprisoned
not more than 15 years, or both.
``Sec. 1546. Immigration and visa fraud
``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes an immigration document to a
person without lawful authority for use if such person is not
the person for whom the immigration document was issued or
designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Multiple Violations.--Any person who, during any 3-year
period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, counterfeits, secures, possesses, or
uses any official paper, seal, hologram, image, text, symbol, stamp,
engraving, plate, or other material, used to make an immigration
document shall be fined under this title, imprisoned not more than 20
years, or both.
``Sec. 1547. Marriage fraud
``(a) Evasion or Misrepresentation.--Any person who--
``(1) knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws; or
``(2) knowingly misrepresents the existence or
circumstances of a marriage--
``(A) in an application or document authorized by
the immigration laws; or
``(B) during any immigration proceeding conducted
by an administrative adjudicator (including an
immigration officer or examiner, a consular officer, an
immigration judge, or a member of the Board of
Immigration Appeals),
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(b) Multiple Marriages.--Any person who--
``(1) knowingly enters into 2 or more marriages for the
purpose of evading any immigration law; or
``(2) knowingly arranges, supports, or facilitates 2 or
more marriages designed or intended to evade any immigration
law,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Commercial Enterprise.--Any person who knowingly establishes
a commercial enterprise for the purpose of evading any provision of the
immigration laws shall be fined under this title, imprisoned for not
more than 10 years, or both.
``(d) Duration of Offense.--
``(1) In general.--An offense under subsection (a) or (b)
continues until the fraudulent nature of the marriage or
marriages is discovered by an immigration officer.
``(2) Commercial enterprise.--An offense under subsection
(c) continues until the fraudulent nature of commercial
enterprise is discovered by an immigration officer or other law
enforcement officer.
``Sec. 1548. Attempts and conspiracies
``Any person who attempts or conspires to violate any section of
this chapter shall be punished in the same manner as a person who
completed a violation of that section.
``Sec. 1549. Alternative penalties for certain offenses
``(a) Terrorism.--Any person who violates any section of this
chapter--
``(1) knowing that such violation will facilitate an act of
international terrorism or domestic terrorism (as those terms
are defined in section 2331); or
``(2) with the intent to facilitate an act of international
terrorism or domestic terrorism,
shall be fined under this title, imprisoned not more than 25 years, or
both.
``(b) Offense Against Government.--Any person who violates any
section of this chapter--
``(1) knowing that such violation will facilitate the
commission of any offense against the United States (other than
an offense in this chapter) or against any State, which offense
is punishable by imprisonment for more than 1 year; or
``(2) with the intent to facilitate the commission of any
offense against the United States (other than an offense in
this chapter) or against any State, which offense is punishable
by imprisonment for more than 1 year,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``Sec. 1550. Seizure and forfeiture
``(a) Forfeiture.--Any property, real or personal, used to commit
or facilitate the commission of a violation of any section of this
chapter, the gross proceeds of such violation, and any property
traceable to such property or proceeds, shall be subject to forfeiture.
``(b) Applicable Law.--Seizures and forfeitures under this section
shall be governed by the provisions of chapter 46 relating to civil
forfeitures, except that such duties as are imposed upon the Secretary
of the Treasury under the customs laws described in section 981(d)
shall be performed by such officers, agents, and other persons as may
be designated for that purpose by the Secretary of Homeland Security,
the Secretary of State, or the Attorney General.
``Sec. 1551. Additional jurisdiction
``(a) In General.--Any person who commits an offense under this
chapter within the special maritime and territorial jurisdiction of the
United States shall be punished as provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who commits an
offense under this chapter outside the United States shall be punished
as provided under this chapter if--
``(1) the offense involves a United States immigration
document (or any document purporting to be such a document) or
any matter, right, or benefit arising under or authorized by
Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a drug
trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.
``Sec. 1552. Additional venue
``(a) In General.--An offense under section 1542 may be prosecuted
in--
``(1) any district in which the false statement or
representation was made;
``(2) any district in which the passport application was
prepared, submitted, mailed, received, processed, or
adjudicated; or
``(3) in the case of an application prepared and
adjudicated outside the United States, in the district in which
the resultant passport was produced.
``(b) Savings Clause.--Nothing in this section limits the venue
otherwise available under sections 3237 and 3238.
``Sec. 1553. Definitions
``As used in this chapter:
``(1) The term `falsely make' means to prepare or complete
an immigration document with knowledge or in reckless disregard
of the fact that the document--
``(A) contains a statement or representation that
is false, fictitious, or fraudulent;
``(B) has no basis in fact or law; or
``(C) otherwise fails to state a fact which is
material to the purpose for which the document was
created, designed, or submitted.
``(2) The term a `false statement or representation'
includes a personation or an omission.
``(3) The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(4) The term `immigration document'--
``(A) means--
``(i) any passport or visa; or
``(ii) any application, petition,
affidavit, declaration, attestation, form,
identification card, alien registration
document, employment authorization document,
border crossing card, certificate, permit,
order, license, stamp, authorization, grant of
authority, or other evidentiary document,
arising under or authorized by the immigration
laws of the United States; and
``(B) includes any document, photograph, or other
piece of evidence attached to or submitted in support
of an immigration document.
``(5) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the
authority of any law described in paragraphs (1) and
(2).
``(6) The term `immigration proceeding' includes an
adjudication, interview, hearing, or review.
``(7) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(8) The term `passport' means a travel document attesting
to the identity and nationality of the bearer that is issued
under the authority of the Secretary of State, a foreign
government, or an international organization; or any instrument
purporting to be the same.
``(9) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(10) The term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
``Sec. 1554. Authorized law enforcement activities
``Nothing in this chapter shall prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United States,
or any activity authorized under title V of the Organized Crime Control
Act of 1970 (84 Stat. 933).
``Sec. 1555. Exception for refugees, asylees, and other vulnerable
persons
``(a) In General.--If a person believed to have violated section
1542, 1544, 1546, or 1548 while attempting to enter the United States,
without delay, indicates an intention to apply for asylum under section
208 or 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158
and 1231), or for relief under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (in accordance with
section 208.17 of title 8, Code of Federal Regulations), or under
section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51),
216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to March 31,
1997) of such Act, or a credible fear of persecution or torture--
``(1) the person shall be referred to an appropriate
Federal immigration official to review such claim and make a
determination if such claim is warranted;
``(2) if the Federal immigration official determines that
the person qualifies for the claimed relief, the person shall
not be considered to have violated any such section; and
``(3) if the Federal immigration official determines that
the person does not qualify for the claimed relief, the person
shall be referred to an appropriate Federal official for
prosecution under this chapter.
``(b) Savings Provision.--Nothing in this section shall be
construed to diminish, increase, or alter the obligations of refugees
or the United States under article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of Refugees, done at
New York January 31, 1967 (19 UST 6223)).''.
(2) Clerical amendment.--The table of chapters in title 18,
United States Code, is amended by striking the item relating to
chapter 75 and inserting the following:
``75. Passport, visa, and immigration fraud................. 1541''.
(b) Protection for Legitimate Refugees and Asylum Seekers.--Section
208 (8 U.S.C. 1158) is amended by adding at the end the following:
``(e) Protection for Legitimate Refugees and Asylum Seekers.--The
Attorney General, in consultation with the Secretary of Homeland
Security, shall develop binding prosecution guidelines for federal
prosecutors to ensure that any prosecution of an alien seeking entry
into the United States by fraud is consistent with the written terms
and limitations of Article 31(1) of the Convention Relating to the
Status of Refugees, done at Geneva July 28, 1951 (as made applicable by
the Protocol Relating to the Status of Refugees, done at New York
January 31, 1967 (19 UST 6223)).''.
SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION
FRAUD OFFENSES.
(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended-
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:
``(III) a violation of (or a
conspiracy or attempt to violate) any
provision of chapter 75 of title 18,
United States Code,''.
(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(iii) of a violation of any provision of
chapter 75 of title 18, United States Code,''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to proceedings pending on or after the date of the
enactment of this Act, with respect to conduct occurring on or after
that date.
SEC. 210. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program.--
(1) Continuation.--The Secretary shall continue to operate
the Institutional Removal Program (referred to in this section
as the ``Program'') or shall develop and implement another
program to--
(A) identify removable criminal aliens in Federal
and State correctional facilities;
(B) ensure that such aliens are not released into
the community; and
(C) remove such aliens from the United States after
the completion of their sentences.
(2) Expansion.--The Secretary may extend the scope of the
Program to all States.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State may--
(1) hold an illegal alien for a period not to exceed 14
days after the completion of the alien's State prison sentence
to effectuate the transfer of the alien to Federal custody if
the alien is removable or not lawfully present in the United
States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until authorized employees of the Bureau of Immigration
and Customs Enforcement can take the alien into custody.
(c) Technology Usage.--Technology, such as videoconferencing, shall
be used to the maximum extent practicable to make the Program available
in remote locations. Mobile access to Federal databases of aliens, such
as IDENT, and live scan technology shall be used to the maximum extent
practicable to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Report to Congress.--Not later than 6 months after the date of
the enactment of this Act, and annually thereafter, the Secretary shall
submit a report to Congress on the participation of States in the
Program and in any other program authorized under subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary in each of the fiscal years
2007 through 2011 to carry out the Program.
SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Instead of removal proceedings.--If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a),
the Secretary of Homeland Security may permit the alien to
voluntarily depart the United States at the alien's own expense
under this subsection instead of being subject to proceedings
under section 240.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by adding after paragraph (1) the following:
``(2) Before the conclusion of removal proceedings.--If an
alien is not described in paragraph (2)(A)(iii) or (4) of
section 237(a), the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own expense
under this subsection after the initiation of removal
proceedings under section 240 and before the conclusion of such
proceedings before an immigration judge.'';
(E) in paragraph (3), as redesignated--
(i) by amending subparagraph (A) to read as
follows:
``(A) Instead of removal.--Subject to subparagraph
(C), permission to voluntarily depart under paragraph
(1) shall not be valid for any period in excess of 120
days. The Secretary may require an alien permitted to
voluntarily depart under paragraph (1) to post a
voluntary departure bond, to be surrendered upon proof
that the alien has departed the United States within
the time specified.'';
(ii) by redesignating subparagraphs (B),
(C), and (D) as paragraphs (C), (D), and (E),
respectively;
(iii) by adding after subparagraph (A) the
following:
``(B) Before the conclusion of removal
proceedings.--Permission to voluntarily depart under
paragraph (2) shall not be valid for any period in
excess of 60 days, and may be granted only after a
finding that the alien has the means to depart the
United States and intends to do so. An alien permitted
to voluntarily depart under paragraph (2) shall post a
voluntary departure bond, in an amount necessary to
ensure that the alien will depart, to be surrendered
upon proof that the alien has departed the United
States within the time specified. An immigration judge
may waive the requirement to post a voluntary departure
bond in individual cases upon a finding that the alien
has presented compelling evidence that the posting of a
bond will pose a serious financial hardship and the
alien has presented credible evidence that such a bond
is unnecessary to guarantee timely departure.'';
(iv) in subparagraph (C), as redesignated,
by striking ``subparagraphs (C) and(D)(ii)''
and inserting ``subparagraphs (D) and
(E)(ii)'';
(v) in subparagraph (D), as redesignated,
by striking ``subparagraph (B)'' each place
that term appears and inserting ``subparagraph
(C)''; and
(vi) in subparagraph (E), as redesignated,
by striking ``subparagraph (B)'' each place
that term appears and inserting ``subparagraph
(C)''; and
(F) in paragraph (4), by striking ``paragraph (1)''
and inserting ``paragraphs (1) and (2)'';
(2) in subsection (b)(2), by striking ``a period exceeding
60 days'' and inserting ``any period in excess of 45 days'';
(3) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
may only be granted as part of an affirmative agreement by the
alien. A voluntary departure agreement under subsection (b)
shall include a waiver of the right to any further motion,
appeal, application, petition, or petition for review relating
to removal or relief or protection from removal.
``(2) Concessions by the secretary.--In connection with the
alien's agreement to depart voluntarily under paragraph (1),
the Secretary of Homeland Security may agree to a reduction in
the period of inadmissibility under subparagraph (A) or (B)(i)
of section 212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at the
conclusion of such proceedings, shall be presented on the
record before the immigration judge. The immigration judge
shall advise the alien of the consequences of a voluntary
departure agreement before accepting such agreement.
``(4) Failure to comply with agreement.--
``(A) In general.--If an alien agrees to voluntary
departure under this section and fails to depart the
United States within the time allowed for voluntary
departure or fails to comply with any other terms of
the agreement (including failure to timely post any
required bond), the alien is--
``(i) ineligible for the benefits of the
agreement;
``(ii) subject to the penalties described
in subsection (d); and
``(iii) subject to an alternate order of
removal if voluntary departure was granted
under subsection (a)(2) or (b).
``(B) Effect of filing timely appeal.--If, after
agreeing to voluntary departure, the alien files a
timely appeal of the immigration judge's decision
granting voluntary departure, the alien may pursue the
appeal instead of the voluntary departure agreement.
Such appeal operates to void the alien's voluntary
departure agreement and the consequences of such
agreement, but precludes the alien from another grant
of voluntary departure while the alien remains in the
United States.
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary in writing in the exercise
of the Secretary's discretion before the expiration of the
period allowed for voluntary departure, no motion, appeal,
application, petition, or petition for review shall affect,
reinstate, enjoin, delay, stay, or toll the alien's obligation
to depart from the United States during the period agreed to by
the alien and the Secretary.'';
(4) by amending subsection (d) to read as follows:
``(d) Penalties for Failure to Depart.--If an alien is permitted to
voluntarily depart under this section and fails to voluntarily depart
from the United States within the time period specified or otherwise
violates the terms of a voluntary departure agreement, the alien will
be subject to the following penalties:
``(1) Civil penalty.--The alien shall be liable for a civil
penalty of $3,000. The order allowing voluntary departure shall
specify the amount of the penalty, which shall be acknowledged
by the alien on the record. If the Secretary thereafter
establishes that the alien failed to depart voluntarily within
the time allowed, no further procedure will be necessary to
establish the amount of the penalty, and the Secretary may
collect the civil penalty at any time thereafter and by
whatever means provided by law. An alien will be ineligible for
any benefits under this chapter until this civil penalty is
paid.
``(2) Ineligibility for relief.--The alien shall be
ineligible during the time the alien remains in the United
States and for a period of 10 years after the alien's departure
for any further relief under this section and sections 240A,
245, 248, and 249. The order permitting the alien to depart
voluntarily shall inform the alien of the penalties under this
subsection.
``(3) Reopening.--The alien shall be ineligible to reopen
the final order of removal that took effect upon the alien's
failure to depart, or upon the alien's other violations of the
conditions for voluntary departure, during the period described
in paragraph (2). This paragraph does not preclude a motion to
reopen to seek withholding of removal under section 241(b)(3)
or protection against torture, if the motion--
``(A) presents material evidence of changed country
conditions arising after the date of the order granting
voluntary departure in the country to which the alien
would be removed; and
``(B) makes a sufficient showing to the
satisfaction of the Attorney General that the alien is
otherwise eligible for such protection.''; and
(5) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to voluntarily depart under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1) for any class of
aliens. The Secretary or Attorney General may by regulation
limit eligibility or impose additional conditions for voluntary
departure under subsections (a)(2) or (b) of this section for
any class or classes of aliens.''; and
(6) in subsection (f), by adding at the end the following:
``Notwithstanding section 242(a)(2)(D) of this Act, sections
1361, 1651, and 2241 of title 28, United States Code, any other
habeas corpus provision, and any other provision of law
(statutory or nonstatutory), no court shall have jurisdiction
to affect, reinstate, enjoin, delay, stay, or toll the period
allowed for voluntary departure under this section.''.
(b) Rulemaking.--The Secretary shall promulgate regulations to
provide for the imposition and collection of penalties for failure to
depart under section 240B(d) of the Immigration and Nationality Act (8
U.S.C. 1229c(d)).
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to all
orders granting voluntary departure under section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) made on or
after the date that is 180 days after the enactment of this
Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on the date of the enactment of this Act and
shall apply with respect to any petition for review which is
filed on or after such date.
SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
STATES UNLAWFULLY.
(a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C.
1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not later
than 10 years after the date of the alien's departure or
removal (or not later than 20 years after''.
(b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 324d) is
amended--
(1) in subsection (a), by striking ``Commissioner'' and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(c) Ineligibility for Relief.--
``(1) In general.--Unless a timely motion to reopen is
granted under section 240(c)(6), an alien described in
subsection (a) shall be ineligible for any discretionary relief
from removal (including cancellation of removal and adjustment
of status) during the time the alien remains in the United
States and for a period of 10 years after the alien's departure
from the United States.
``(2) Savings provision.--Nothing in paragraph (1) shall
preclude a motion to reopen to seek withholding of removal
under section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the final order of
removal in the country to which the alien would be
removed; and
``(B) makes a sufficient showing to the
satisfaction of the Attorney General that the alien is
otherwise eligible for such protection.''.
(c) Effective Dates.--The amendments made by this section shall
take effect on the date of the enactment of this Act with respect to
aliens who are subject to a final order of removal entered on or after
such date.
SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF
FIREARMS BY CERTAIN ALIENS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``(y)(2)'' and
all that follows and inserting ``(y), is in a
nonimmigrant classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));'';
(2) in subsection (g)(5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``(y)(2)'' and
all that follows and inserting ``(y), is in a
nonimmigrant classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));''; and
(3) in subsection (y)--
(A) in the header, by striking ``Admitted Under
Nonimmigrant Visas'' and inserting ``in a Nonimmigrant
Classification'';
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) the term `nonimmigrant classification'
includes all classes of nonimmigrant aliens described
in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise
described in the immigration laws (as defined in
section 101(a)(17) of such Act).'';
(C) in paragraph (2), by striking ``has been
lawfully admitted to the United States under a
nonimmigrant visa'' and inserting ``is in a
nonimmigrant classification''; and
(D) in paragraph (3)(A), by striking ``Any
individual who has been admitted to the United States
under a nonimmigrant visa may receive a waiver from the
requirements of subsection (g)(5)'' and inserting ``Any
alien in a nonimmigrant classification may receive a
waiver from the requirements of subsection (g)(5)(B)''.
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION,
NATURALIZATION, AND PEONAGE OFFENSES.
(a) In General.--Section 3291 of title 18, United States Code, is
amended to read as follows:
``Sec. 3291. Immigration, naturalization, and peonage offenses
``No person shall be prosecuted, tried, or punished for a violation
of any section of chapters 69 (relating to nationality and citizenship
offenses), 75 (relating to passport, visa, and immigration offenses),
or 77 (relating to peonage, slavery, and trafficking in persons), for
an attempt or conspiracy to violate any such section, for a violation
of any criminal provision under section 243, 266, 274, 275, 276, 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306,
1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to
violate any such section, unless the indictment is returned or the
information filed not later than 10 years after the commission of the
offense.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by striking the item relating
to section 3291 and inserting the following:
``3291. Immigration, naturalization, and peonage offenses.''.
SEC. 215. DIPLOMATIC SECURITY SERVICE.
Section 2709(a)(1) of title 22, United States Code, is amended to
read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of
the Department of State;
``(C) violations of chapter 77 of title 18, United
States Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction of the United
States (as defined in section 7(9) of title 18, United
States Code);''.
SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.
(a) In General.--Section 103 (8 U.S.C. 1103) is amended--
(1) by amending subsection (f) to read as follows:
``(f) Minimum Number of Agents in States.--
``(1) In general.--The Secretary of Homeland Security shall
allocate to each State--
``(A) not fewer than 40 full-time active duty
agents of the Bureau of Immigration and Customs
Enforcement to--
``(i) investigate immigration violations;
and
``(ii) ensure the departure of all
removable aliens; and
``(B) not fewer than 15 full-time active duty
agents of the Bureau of Citizenship and Immigration
Services to carry out immigration and naturalization
adjudication functions.
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) for any State with a population of less than
2,000,000, as most recently reported by the Bureau of the
Census''; and
(2) by adding at the end the following:
``(i) Notwithstanding any other provision of law, appropriate
background and security checks, as determined by the Secretary of
Homeland Security, shall be completed and assessed and any suspected or
alleged fraud relating to the granting of any status (including the
granting of adjustment of status), relief, protection from removal, or
other benefit under this Act shall be investigated and resolved before
the Secretary or the Attorney General may--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the immigration
laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any court.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
SEC. 217. CONSTRUCTION.
(a) In General.--Chapter 4 of title III (8 U.S.C. 1501 et seq.) is
amended by adding at the end the following:
``SEC. 362. CONSTRUCTION.
``(a) In General.--Nothing in this Act or in any other provision of
law shall be construed to require the Secretary of Homeland Security,
the Attorney General, the Secretary of State, the Secretary of Labor,
or any other authorized head of any Federal agency to grant any
application, approve any petition, or grant or continue any status or
benefit under the immigration laws by, to, or on behalf of--
``(1) any alien described in subparagraph (A)(i), (A)(iii),
(B), or (F) of section 212(a)(3) or subparagraph (A)(i),
(A)(iii), or (B) of section 237(a)(4);
``(2) any alien with respect to whom a criminal or other
investigation or case is pending that is material to the
alien's inadmissibility, deportability, or eligibility for the
status or benefit sought; or
``(3) any alien for whom all law enforcement checks, as
deemed appropriate by such authorized official, have not been
conducted and resolved.
``(b) Denial; Withholding.--An official described in subsection (a)
may deny or withhold (with respect to an alien described in subsection
(a)(1)) or withhold pending resolution of the investigation, case, or
law enforcement checks (with respect to an alien described in paragraph
(2) or (3) of subsection (a)) any such application, petition, status,
or benefit on such basis.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 361 the following:
``Sec. 362. Construction.''.
SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Reimbursement for Costs Associated With Processing Criminal
Illegal Aliens.--The Secretary shall reimburse States and units of
local government for costs associated with processing undocumented
criminal aliens through the criminal justice system, including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) courts costs.
(b) Authorization of Appropriations.--
(1) Processing criminal illegal aliens.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2012 to carry out subsection (a).
(2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry this
subsection--
``(A) such sums as may be necessary for fiscal year
2007;
``(B) $750,000,000 for fiscal year 2008;
``(C) $850,000,000 for fiscal year 2009; and
``(D) $950,000,000 for each of the fiscal years
2010 through 2012.''.
(c) Technical Amendment.--Section 501 of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney
General'' each place it appears and inserting ``Secretary of Homeland
Security''.
SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED
BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) In General.--The Secretary shall provide sufficient
transportation and officers to take illegal aliens apprehended by State
and local law enforcement officers into custody for processing at a
detention facility operated by the Department.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2007 through 2011 to carry out this section.
SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
LANDS.
(a) Grants Authorized.--The Secretary may award grants to Indian
tribes with lands adjacent to an international border of the United
States that have been adversely affected by illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department for Indian
tribes, either directly or through State or local grants,
relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2007 through 2011 to carry out this section.
SEC. 221. ALTERNATIVES TO DETENTION.
The Secretary shall conduct a study of--
(1) the effectiveness of alternatives to detention,
including electronic monitoring devices and intensive
supervision programs, in ensuring alien appearance at court and
compliance with removal orders;
(2) the effectiveness of the Intensive Supervision
Appearance Program and the costs and benefits of expanding that
program to all States; and
(3) other alternatives to detention, including--
(A) release on an order of recognizance;
(B) appearance bonds; and
(C) electronic monitoring devices.
SEC. 222. CONFORMING AMENDMENT.
Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is amended--
(1) by striking ``(i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport or
instrument in violation of section 1543 of title 18, United
States Code, or is described in section 1546(a) of such title
(relating to document fraud) and (ii)'' and inserting ``which
is described in chapter 75 of title 18, United States Code,
and''; and
(2) by inserting the following: ``that is not described in
section 1548 of such title (relating to increased penalties),
and'' after ``first offense''.
SEC. 223. REPORTING REQUIREMENTS.
(a) Clarifying Address Reporting Requirements.--Section 265 (8
U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in
writing'' and inserting ``submit written or electronic
notification to the Secretary of Homeland Security, in
a manner approved by the Secretary,'';
(B) by striking ``the Attorney General may require
by regulation'' and inserting ``the Secretary may
require''; and
(C) by adding at the end the following: ``If the
alien is involved in proceedings before an immigration
judge or in an administrative appeal of such
proceedings, the alien shall submit to the Attorney
General the alien's current address and a telephone
number, if any, at which the alien may be contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d) Address to Be Provided.--
``(1) In general.--Except as otherwise provided by the
Secretary under paragraph (2), an address provided by an alien
under this section shall be the alien's current residential
mailing address, and shall not be a post office box or other
non-residential mailing address or the address of an attorney,
representative, labor organization, or employer.
``(2) Specific requirements.--The Secretary may provide
specific requirements with respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a
remote location; and
``(B) the reporting of address information by
aliens who are incarcerated in a Federal, State, or
local correctional facility.
``(3) Detention.--An alien who is being detained by the
Secretary under this Act is not required to report the alien's
current address under this section during the time the alien
remains in detention, but shall be required to notify the
Secretary of the alien's address under this section at the time
of the alien's release from detention.
``(e) Use of Most Recent Address Provided by the Alien.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may provide for the appropriate coordination
and cross referencing of address information provided by an
alien under this section with other information relating to the
alien's address under other Federal programs, including--
``(A) any information pertaining to the alien,
which is submitted in any application, petition, or
motion filed under this Act with the Secretary of
Homeland Security, the Secretary of State, or the
Secretary of Labor;
``(B) any information available to the Attorney
General with respect to an alien in a proceeding before
an immigration judge or an administrative appeal or
judicial review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal
Alien Assistance Program.
``(2) Reliance.--The Secretary may rely on the most recent
address provided by the alien under this section or section 264
to send to the alien any notice, form, document, or other
matter pertaining to Federal immigration laws, including
service of a notice to appear. The Attorney General and the
Secretary may rely on the most recent address provided by the
alien under section 239(a)(1)(F) to contact the alien about
pending removal proceedings.
``(3) Obligation.--The alien's provision of an address for
any other purpose under the Federal immigration laws does not
excuse the alien's obligation to submit timely notice of the
alien's address to the Secretary under this section (or to the
Attorney General under section 239(a)(1)(F) with respect to an
alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).''.
(b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is
authorized'' and inserting ``Secretary of
Homeland Security and Attorney General are
authorized''; and
(ii) by striking ``Attorney General or the
Service'' and inserting ``Secretary or the
Attorney General''.
(c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Failure to Provide Notice of Alien's Current Address.--
``(1) Criminal penalties.--Any alien or any parent or legal
guardian in the United States of any minor alien who fails to
notify the Secretary of Homeland Security of the alien's
current address in accordance with section 265 shall be fined
under title 18, United States Code, imprisoned for not more
than 6 months, or both.
``(2) Effect on immigration status.--Any alien who violates
section 265 (regardless of whether the alien is punished under
paragraph (1)) and does not establish to the satisfaction of
the Secretary that such failure was reasonably excusable or was
not willful shall be taken into custody in connection with
removal of the alien. If the alien has not been inspected or
admitted, or if the alien has failed on more than 1 occasion to
submit notice of the alien's current address as required under
section 265, the alien may be presumed to be a flight risk. The
Secretary or the Attorney General, in considering any form of
relief from removal which may be granted in the discretion of
the Secretary or the Attorney General, may take into
consideration the alien's failure to comply with section 265 as
a separate negative factor. If the alien failed to comply with
the requirements of section 265 after becoming subject to a
final order of removal, deportation, or exclusion, the alien's
failure shall be considered as a strongly negative factor with
respect to any discretionary motion for reopening or
reconsideration filed by the alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to proceedings
initiated on or after the date of the enactment of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.
SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (2), by adding at the end the following:
``If such training is provided by a State or political
subdivision of a State to an officer or employee of such State
or political subdivision of a State, the cost of such training
(including applicable overtime costs) shall be reimbursed by
the Secretary of Homeland Security.''; and
(2) in paragraph (4), by adding at the end the following:
``The cost of any equipment required to be purchased under such
written agreement and necessary to perform the functions under
this subsection shall be reimbursed by the Secretary of
Homeland Security.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section and the amendments made by this section.
SEC. 225. REMOVAL OF DRUNK DRIVERS.
(a) In General.--Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is
amended by inserting ``, including a third drunk driving conviction,
regardless of the States in which the convictions occurred or whether
the offenses are classified as misdemeanors or felonies under State
law,'' after ``offense)''.
(b) Effective Date.--The amendment made by subsection (a) shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to convictions entered before, on, or after such
date.
SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking
``and before June 1, 2006.''.
SEC. 227. EXPEDITED REMOVAL.
(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting
``expedited removal of criminal aliens'';
(2) in subsection (a), by striking the subsection heading
and inserting: ``Expedited Removal From Correctional
Facilities.--'';
(3) in subsection (b), by striking the subsection heading
and inserting: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary of Homeland Security may,
in the case of an alien described in paragraph (2), determine
the deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has not been lawfully admitted to the United
States for permanent residence; and
``(B) was convicted of any criminal offense
described in subparagraph (A)(iii), (C), or (D) of
section 237(a)(2).'';
(5) in the subsection (c) that relates to presumption of
deportability, by striking ``convicted of an aggravated
felony'' and inserting ``described in subsection (b)(2)'';
(6) by redesignating the subsection (c) that relates to
judicial removal as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Application to Certain Aliens.--
(1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(A) in subclause (I), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'' each place it appears; and
(B) by adding at the end the following new
subclause:
``(III) Exception.--Notwithstanding
subclauses (I) and (II), the Secretary
of Homeland Security shall apply
clauses (i) and (ii) of this
subparagraph to any alien (other than
an alien described in subparagraph (F))
who is not a national of a country
contiguous to the United States, who
has not been admitted or paroled into
the United States, and who is
apprehended within 100 miles of an
international land border of the United
States and within 14 days of entry.''.
(2) Exceptions.--Section 235(b)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
(A) by striking ``and who arrives by aircraft at a
port of entry'' and inserting
``and--''; and
(B) by adding at the end the following:
``(i) who arrives by aircraft at a port of
entry; or
``(ii) who is present in the United States
and arrived in any manner at or between a port
of entry.''.
(c) Limit on Injunctive Relief.--Section 242(f)(2) (8 U.S.C.
1252(f)(2)) is amended by inserting ``or stay, whether temporarily or
otherwise,'' after ``enjoin''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to all
aliens apprehended or convicted on or after such date.
SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is
amended--
(1) in subparagraph (A)(i), by striking ``Any'' and
inserting ``Except as provided in clause (vii), any'';
(2) in subparagraph (A), by inserting after clause (vi) the
following:
``(vii) Clause (i) shall not apply to a citizen of the United
States who has been convicted of an offense described in subparagraph
(A), (I), or (K) of section 101(a)(43), unless the Secretary of
Homeland Security, in the Secretary's sole and unreviewable discretion,
determines that the citizen poses no risk to the alien with respect to
whom a petition described in clause (i) is filed.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``Any alien'' and inserting the
following: ``(I) Except as provided in subclause (II),
any alien''; and
(B) by adding at the end the following:
``(II) Subclause (I) shall not apply in the case of an alien
admitted for permanent residence who has been convicted of an offense
described in subparagraph (A), (I), or (K) of section 101(a)(43),
unless the Secretary of Homeland Security, in the Secretary's sole and
unreviewable discretion, determines that the alien lawfully admitted
for permanent residence poses no risk to the alien with respect to whom
a petition described in subclause (I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting ``(other than a citizen
described in section 204(a)(1)(A)(vii))'' after ``citizen of the United
States'' each place that phrase appears.
SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.
(a) In General.--Title II (8 U.S.C. 1151 et. seq.) is amended by
adding after section 240C the following new section:
``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.
``(a) Authority.--Notwithstanding any other provision of law, law
enforcement personnel of a State, or a political subdivision of a
State, have the inherent authority of a sovereign entity to
investigate, apprehend, arrest, detain, or transfer to Federal custody
(including the transportation across State lines to detention centers)
an alien for the purpose of assisting in the enforcement of the
criminal provisions of the immigration laws of the United States in the
normal course of carrying out the law enforcement duties of such
personnel. This State authority has never been displaced or preempted
by a Federal law.
``(b) Construction.--Nothing in this section shall be construed to
require law enforcement personnel of a State or a political subdivision
to assist in the enforcement of the immigration laws of the United
States.
``(c) Transfer.--If the head of a law enforcement entity of a State
(or, if appropriate, a political subdivision of the State) exercising
authority with respect to the apprehension or arrest of an alien
submits a request to the Secretary of Homeland Security that the alien
be taken into Federal custody, the Secretary of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to
verify immigration status described in section 642(c)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373(c)), and
expeditiously inform the requesting entity whether such
individual is an alien lawfully admitted to the United
States or is otherwise lawfully present in the United
States; and
``(B) if the individual is an alien who is not
lawfully admitted to the United States or otherwise is
not lawfully present in the United States--
``(i) take the illegal alien into the
custody of the Federal Government not later
than 72 hours after--
``(I) the conclusion of the State
charging process or dismissal process;
or
``(II) the illegal alien is
apprehended, if no State charging or
dismissal process is required; or
``(ii) request that the relevant State or
local law enforcement agency temporarily detain
or transport the alien to a location for
transfer to Federal custody; and
``(2) shall designate at least 1 Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(d) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State, or a political subdivision of a State, for
expenses, as verified by the Secretary, incurred by the State
or political subdivision in the detention and transportation of
an alien as described in subparagraphs (A) and (B) of
subsection (c)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (c)(1)
shall be--
``(A) the product of--
``(i) the average daily cost of
incarceration of a prisoner in the relevant
State, as determined by the chief executive
officer of a State (or, as appropriate, a
political subdivision of the State); multiplied
by
``(ii) the number of days that the alien
was in the custody of the State or political
subdivision; plus
``(B) the cost of transporting the alien from the
point of apprehension or arrest to the location of
detention, and if the location of detention and of
custody transfer are different, to the custody transfer
point; plus
``(C) the cost of uncompensated emergency medical
care provided to a detained alien during the period
between the time of transmittal of the request
described in subsection (c) and the time of transfer
into Federal custody.
``(e) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that--
``(1) aliens incarcerated in a Federal facility pursuant to
this section are held in facilities which provide an
appropriate level of security; and
``(2) if practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a
facility or facilities.
``(f) Requirement for Schedule.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular circuit and
schedule for the prompt transportation of apprehended aliens from the
custody of those States, and political subdivisions of States, which
routinely submit requests described in subsection (c), into Federal
custody.
``(g) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with appropriate
State and local law enforcement and detention agencies to
implement this section.
``(2) Determination by secretary.--Prior to entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary shall
determine whether the State, or if appropriate, the political
subdivision in which the agencies are located, has in place any
formal or informal policy that violates section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373). The Secretary shall not allocate any of
the funds made available under this section to any State or
political subdivision that has in place a policy that violates
such section.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There are authorized to be appropriated $850,000,000 for fiscal year
2007 and each subsequent fiscal year for the detention and removal of
aliens not lawfully present in the United States under the Immigration
and Nationality Act (8 U.S.C. 1101 et. seq.).
SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to destruction
of property within the special maritime and territorial
jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and
harboring certain aliens),'' after ``section 590 of the Tariff
Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.
SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime Information
Center.--
(1) In general.--Except as provided in paragraph (3), not
later than 180 days after the date of the enactment of this
Act, the Secretary shall provide to the head of the National
Crime Information Center of the Department of Justice the
information that the Secretary has or maintains related to any
alien--
(A) against whom a final order of removal has been
issued;
(B) who enters into a voluntary departure
agreement, or is granted voluntary departure by an
immigration judge, whose period for departure has
expired under subsection (a)(3) of section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) (as
amended by section 211(a)(1)(C)), subsection (b)(2) of
such section 240B, or who has violated a condition of a
voluntary departure agreement under such section 240B;
(C) whom a Federal immigration officer has
confirmed to be unlawfully present in the United
States; and
(D) whose visa has been revoked.
(2) Removal of information.--The head of the National Crime
Information Center should promptly remove any information
provided by the Secretary under paragraph (1) related to an
alien who is granted lawful authority to enter or remain
legally in the United States.
(3) Procedure for removal of erroneous information.--The
Secretary, in consultation with the head of the National Crime
Information Center of the Department of Justice, shall develop
and implement a procedure by which an alien may petition the
Secretary or head of the National Crime Information Center, as
appropriate, to remove any erroneous information provided by
the Secretary under paragraph (1) related to such alien. Under
such procedures, failure by the alien to receive notice of a
violation of the immigration laws shall not constitute cause
for removing information provided by the Secretary under
paragraph (1) related to such alien, unless such information is
erroneous. Notwithstanding the 180-day time period set forth in
paragraph (1), the Secretary shall not provide the information
required under paragraph (1) until the procedures required by
this paragraph are developed and implemented.
(b) Inclusion of Information in the National Crime Information
Center Database.--Section 534(a) of title 28, United States Code, is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States; and''.
SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary shall negotiate and execute, where practicable, a
cooperative enforcement agreement described in section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) with at least 1 law
enforcement agency in each State, to train law enforcement officers in
the detection and apprehension of individuals engaged in transporting,
harboring, sheltering, or encouraging aliens in violation of section
274 of such Act (8 U.S.C. 1324).
SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF
FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE
DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.
(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary shall construct or acquire,
in addition to existing facilities for the detention of aliens,
20 detention facilities in the United States that have the
capacity to detain a combined total of not less than 10,000
individuals at any time for aliens detained pending removal or
a decision on removal of such aliens from the United States.
(2) Determination of location.--The location of any
detention facility built or acquired in accordance with this
subsection shall be determined with the concurrence of the
Secretary by the senior officer responsible for Detention and
Removal Operations in the Department. The detention facilities
shall be located so as to enable the officers and employees of
the Department to increase to the maximum extent practicable
the annual rate and level of removals of illegal aliens from
the United States.
(3) Use of installations under base closure laws.--In
acquiring detention facilities under this subsection, the
Secretary shall consider the transfer of appropriate portions
of military installations approved for closure or realignment
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) for use in accordance with paragraph (1).
(b) Technical and Conforming Amendment.--Section 241(g)(1) (8
U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting
``shall expend''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED
WITH FEDERAL OFFENSES.
(a) Responsibility of United States Attorneys.--Beginning not later
than 2 years after the date of the enactment of this Act, the office of
the United States Attorney that is prosecuting a criminal case in a
Federal court--
(1) shall determine, not later than 30 days after filing
the initial pleadings in the case, whether each defendant in
the case is lawfully present in the United States (subject to
subsequent legal proceedings to determine otherwise);
(2)(A) if the defendant is determined to be an alien
lawfully present in the United States, shall notify the court
in writing of the determination and the current status of the
alien under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.); and
(B) if the defendant is determined not to be lawfully
present in the United States, shall notify the court in writing
of the determination, the defendant's alien status, and, to the
extent possible, the country of origin or legal residence of
the defendant; and
(3) ensure that the information described in paragraph (2)
is included in the case file and the criminal records system of
the office of the United States attorney.
(b) Guidelines.--A determination made under subsection (a)(1) shall
be made in accordance with guidelines of the Executive Office for
Immigration Review of the Department of Justice.
(c) Responsibilities of Federal Courts.--
(1) Modifications of records and case managements
systems.--Not later than 2 years after the date of the
enactment of this Act, all Federal courts that hear criminal
cases, or appeals of criminal cases, shall modify their
criminal records and case management systems, in accordance
with guidelines which the Director of the Administrative Office
of the United States Courts shall establish, so as to enable
accurate reporting of information described in subsection
(a)(2).
(2) Data entries.--Beginning not later than 2 years after
the date of the enactment of this Act, each Federal court
described in paragraph (1) shall enter into its electronic
records the information contained in each notification to the
court under subsection (a)(2).
(d) Construction.--Nothing in this section may be construed to
provide a basis for admitting evidence to a jury or releasing
information to the public regarding an alien's immigration status.
(e) Annual Report to Congress.--The Director of the Administrative
Office of the United States Courts shall include, in the annual report
filed with Congress under section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in
the courts and criminal convictions of aliens in the lower
courts and upheld on appeal, including the type of crime in
each case and including information on the legal status of the
aliens; and
(2) recommendations on whether additional court resources
are needed to accommodate the volume of criminal cases brought
against aliens in the Federal courts.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2007 through 2011, such sums as
may be necessary to carry out this Act. Funds appropriated pursuant to
this subsection in any fiscal year shall remain available until
expended.
TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS
SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
as follows:
``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an
alien for employment in the United States knowing, or
with reckless disregard, that the alien is an
unauthorized alien with respect to such employment; or
``(B) to hire, or to recruit or refer for a fee,
for employment in the United States an individual
unless such employer meets the requirements of
subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing that
the alien is (or has become) an unauthorized alien with respect
to such employment.
``(3) Use of labor through contract.--Any employer who uses
a contract, subcontract, or exchange to obtain the labor of an
alien in the United States knowing that the alien is an
unauthorized alien with respect to performing such labor shall
be considered to have hired the alien for employment in the
united States in violation of paragraph (1)(A). Any employer
who uses a contract, subcontract, or exchange to obtain the
labor of a person in the United States shall be in violation of
paragraph (1)(B) unless--
``(A) the employer includes in the contract or
subcontract or other binding agreement a requirement
that the person hiring the alien shall comply with this
section and keep records necessary to demonstrate
compliance with this section; and
``(B) the employer exercises reasonable diligence
to ensure that person complies with this section.
``(4) Defense.--
``(A) In general.--Subject to subparagraph (B), an
employer that establishes that the employer has
complied in good faith with the requirements of
subsections (c) and (d) has established an affirmative
defense that the employer has not violated paragraph
(1)(A) with respect to such hiring, recruiting, or
referral.
``(B) Exception.--Until the date that an employer
is required to participate in the Electronic Employment
Verification System under subsection (d) or is
permitted to participate in such System on a voluntary
basis, the employer may establish an affirmative
defense under subparagraph (A) by complying with the
requirements of subsection (c).
``(b) Order of Internal Review and Certification of Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed to
comply with this section, the Secretary is authorized, at any
time, to require that the employer certify that the employer is
in compliance with this section, or has instituted a program to
come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the chief executive officer
or similar official of the employer shall certify under penalty
of perjury that--
``(A) the employer is in compliance with the
requirements of subsections (c) and (d); or
``(B) that the employer has instituted a program to
come into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good cause,
at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for certification
and for specific record keeping practices with respect to such
certification, and procedures for the audit of any records
related to such certification.
``(c) Document Verification Requirements.--An employer hiring, or
recruiting or referring for a fee, an individual for employment in the
United States shall verify that the individual is eligible for such
employment by meeting the requirements of subsection (d) and the
following paragraphs:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall
attest, under penalty of perjury and on a form
prescribed by the Secretary, that the employer
has verified the identity and eligibility for
employment of the individual by examining--
``(I) a document described in
subparagraph (B); or
``(II) a document described in
subparagraph (C) and a document
described in subparagraph (D).
``(ii) Signature requirements.--An
attestation required by clause (i) may be
manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--An
employer has complied with the requirement of
this paragraph with respect to examination of
documentation if, based on the totality of the
circumstances, a reasonable person would
conclude that the document examined is genuine
and establishes the individual's identity and
eligibility for employment in the United
States.
``(iv) Registration of employers.--An
employer shall register the employer's
participation in the System in the manner
prescribed by the Secretary prior to the date
the employer is required or permitted to submit
information with respect to an employee under
paragraph (3) or (4) of subsection (d).
``(v) Requirements for employment
eligibility system participants.--A participant
in the Electronic Employment Verification
System established under subsection (d),
regardless of whether such participation is
voluntary or mandatory, shall be permitted to
utilize any technology that is consistent with
this section and with any regulation or
guidance from the Secretary to streamline the
procedures to comply with the attestation
requirement, and to comply with the employment
eligibility verification requirements contained
in this section.
``(B) Documents establishing both employment
eligibility and identity.--A document described in this
subparagraph is an individual's--
``(i) United States passport; or
``(ii) permanent resident card or other
document designated by the Secretary, if the
document--
``(I) contains a photograph of the
individual and such other personal
identifying information relating to the
individual that the Secretary
proscribes in regulations is sufficient
for the purposes of this subparagraph;
``(II) is evidence of eligibility
for employment in the United States;
and
``(III) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use.
``(C) Documents evidencing employment
eligibility.--A document described in this subparagraph
is an individual's social security account number card
issued by the Commissioner of Social Security (other
than a card which bears the legend `not valid for
employment' or `valid for work only with DHS
authorization').
``(D) Documents establishing identity of
individual.--A document described in this subparagraph
is an individual's--
``(i) driver's license or identity card
issued by a State, the Commonwealth of the
Northern Mariana Islands, or an outlying
possession of the United States that satisfies
the requirements of the REAL ID Act of 2005
(division B of Public Law 109-13; 119 Stat.
302);
``(ii) employee identification card issued
by a Federal agency or department, including a
branch of the Armed Forces, or an agency or
department of a State, or a Native American
tribal document, provided that such card or
document--
``(I) contains the individual's
photograph or information including the
individual's name, date of birth,
gender, eye color, and address; and
``(II) contains security features
to make the card resistant to
tampering, counterfeiting, and
fraudulent use; or
``(iii) in the case of an individual who is
unable to obtain a document described in clause
(i) or (ii), a document of personal identity of
such other type that--
``(I) the Secretary determines is a
reliable means of identification;
``(II) contains the individual's
photograph or information including the
individual's name, date of birth,
gender, and address; and
``(III) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use.
``(E) Authority to prohibit use of certain
documents.--
``(i) Authority.--If the Secretary finds
that a document or class of documents described
in subparagraph (B), (C), or (D) is not
reliable to establish identity or eligibility
for employment (as the case may be) or is being
used fraudulently to an unacceptable degree,
the Secretary is authorized to prohibit, or
impose conditions, on the use of such document
or class of documents for purposes of this
subsection.
``(ii) Requirement for publication.--The
Secretary shall publish notice of any findings
under clause (i) in the Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall
attest, under penalty of perjury on the form
prescribed by the Secretary, that the
individual is a national of the United States,
an alien lawfully admitted for permanent
residence, or an alien who is authorized under
this Act or by the Secretary to be hired, or to
be recruited or referred for a fee, in the
United States.
``(ii) Signature for examination.--An
attestation required by clause (i) may be
manifested by a handwritten or electronic
signature.
``(B) Penalties.--An individual who falsely
represents that the individual is eligible for
employment in the United States in an attestation
required by subparagraph (A) shall, for each such
violation, be subject to a fine of not more than
$5,000, a term of imprisonment not to exceed 3 years,
or both.
``(3) Retention of attestation.--An employer shall retain a
paper, microfiche, microfilm, or electronic version of an
attestation submitted under paragraph (1) or (2) for an
individual and make such attestations available for inspection
by an officer of the Department of Homeland Security, any other
person designated by the Secretary, the Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice, or the Secretary of Labor during a
period beginning on the date of the hiring, or recruiting or
referring for a fee, of the individual and ending--
``(A) in the case of the recruiting or referral for
a fee (without hiring) of an individual, 7 years after
the date of the recruiting or referral; or
``(B) in the case of the hiring of an individual
the later of--
``(i) 7 years after the date of such
hiring;
``(ii) 1 year after the date the
individual's employment is terminated; or
``(iii) in the case of an employer or class
of employers, a period that is less than the
applicable period described in clause (i) or
(ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and recordkeeping requirements.--
``(A) Retention of documents.--An employer shall
retain, for the applicable period described in
paragraph (3), the following documents:
``(i) In general.--Notwithstanding any
other provision of law, the employer shall copy
all documents presented by an individual
pursuant to this subsection and shall retain
paper, microfiche, microfilm, or electronic
copies of such documents. Such copies shall be
designated as copied documents and reflect the
signature of the employer and the individual
and the date of receipt of such documents.
``(ii) Use of retained documents.--An
employer shall use copies retained under clause
(i) only for the purposes of complying with the
requirements of this subsection, except as
otherwise permitted under law.
``(B) Retention of clarification documents.--The
employer shall maintain records of any actions and
copies of any correspondence or action taken by the
employer to clarify or resolve any issue that raises
reasonable doubt as to the validity of the individual's
identity or eligibility for employment in the United
States.
``(5) Penalties.--An employer that fails to comply with the
requirement of this subsection shall be subject to the
penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize, directly
or indirectly, the issuance, use, or establishment of a
national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') as described
in this subsection.
``(2) Management of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) provide a response to an inquiry made
by an employer through the Internet or other
electronic media or over a telephone line
regarding an individual's identity and
eligibility for employment in the United
States;
``(ii) establish a set of codes to be
provided through the System to verify such
identity and authorization; and
``(iii) maintain a record of each such
inquiry and the information and codes provided
in response to such inquiry.
``(B) Initial response.--Not later than 3 days
after an employer submits an inquiry to the System
regarding an individual, the Secretary shall provide,
through the System, to the employer--
``(i) if the System is able to confirm the
individual's identity and eligibility for
employment in the United States, a confirmation
notice, including the appropriate codes on such
confirmation notice; or
``(ii) if the System is unable to confirm
the individual's identity or eligibility for
employment in the United States, a tentative
nonconfirmation notice, including the
appropriate codes for such nonconfirmation
notice.
``(C) Verification process in case of a tentative
nonconfirmation notice.--
``(i) In general.--If a tentative
nonconfirmation notice is issued under
subparagraph (B)(ii), not later than 10
business days after the date an individual
submits information to contest such notice
under paragraph (7)(C)(ii)(III), the Secretary,
through the System, shall issue a final
confirmation notice or a final nonconfirmation
notice to the employer, including the
appropriate codes for such notice.
``(ii) Extension of time.--The Secretary,
in consultation with the Commissioner of Social
Security, may extend the 10-day period
described in clause (i) for no more than 180
days if the information needed to resolve an
initial negative response cannot be obtained by
or submitted to the Secretary or the
Commissioner and verified or entered into the
System within such 10-day period.
``(iii) Automatic extension.--If the most
recent previous report submitted by the
Comptroller General of the United States under
paragraph (12) includes an assessment that the
System is not able to issue, during a period
that averages 10 days or less, a final notice
in at least 99 percent of the cases in which
the notice relates to an individual who is
eligible for employment in the United States,
the Secretary shall automatically extend the
10-day period referred to in clause (i) to a
period of not less than 180 days.
``(iv) Development of process.--The
Secretary shall consult with the Commissioner
of Social Security to develop a verification
process to be used to provide a final
confirmation notice or a final nonconfirmation
notice under clause (i).
``(D) Design and operation of system.--The
Secretary, in consultation with the Commissioner of
Social Security, shall design and operate the System--
``(i) to maximize reliability and ease of
use by employers in a manner that protects and
maintains the privacy and security of the
information maintained in the System;
``(ii) to respond to each inquiry made by
an employer;
``(iii) to track and record any occurrence
when the System is inoperable;
``(iv) to include appropriate
administrative, technical, and physical
safeguards to prevent unauthorized disclosure
of personal information;
``(v) to allow for monitoring of the use of
the System and provide an audit capability;
``(vi) to have reasonable safeguards,
developed in consultation with the Attorney
General, to prevent employers from using the
System to engage in unlawful discriminatory
practices, based on national origin or
citizenship status; and
``(vii) to establish a process to allow an
individual to verify the individual's
employment eligibility prior to obtaining or
changing employment to facilitate the updating
and correction of information used by the
System.
``(E) Responsibilities of the commissioner of
social security.--The responsibilities of the
Commissioner of Social Security with respect to the
System are set out in section 205(c)(2) of the Social
Security Act.
``(F) Responsibilities of the secretary.--The
Secretary shall establish a reliable, secure method to
provide through the System, within the time periods
required by subparagraphs (B) and (C)--
``(i) a determination of whether the name
and alien identification or authorization
number provided in an inquiry by an employer is
consistent with such information maintained by
the Secretary in order to confirm the validity
of the information provided;
``(ii) a determination of whether such
number was issued to the named individual;
``(iii) a determination of whether the
individual is authorized to be employed in the
United States; and
``(iv) any other related information that
the Secretary may require.
``(G) Updating information.--The Secretary shall
update the information maintained in the System in a
manner that promotes maximum accuracy and shall provide
a process for the prompt correction of erroneous
information.
``(3) Requirements for participation.--Except as provided
in paragraph (4), the Secretary shall require employers to
participate in the System as follows:
``(A) Critical employers.--As of the date that is
180 days after the date of the enactment of the
Comprehensive Immigration Reform Act of 2006, the
Secretary may require any employer or class of
employers to participate in the System with respect to
employees hired prior to, on, or after such date of
enactment if the Secretary designates such employer or
class of employers, in the Secretary's sole and
unreviewable discretion, as a critical employer based
on critical infrastructure, national security, or
homeland security needs.
``(B) Remaining employers.--The Secretary shall
require all employers in the United States to
participate in the System, with respect to all
employees hired by the employer on or after the date
that is 18 months after the date that funds are
appropriated and made available to the Secretary to
implement this subsection.
``(4) Other participation in system.--Notwithstanding
paragraph (3), the Secretary has the authority, in the
Secretary's sole and unreviewable discretion--
``(A) to permit any employer that is not required
to participate in the System under paragraph (3) to
participate in the System on a voluntary basis; and
``(B) to require any employer that is required to
participate in the System under paragraph (3) with
respect to newly hired employees to participate in the
System with respect to all employees hired by the
employer prior to, on, or after the date of the
enactment of the Comprehensive Immigration Reform Act
of 2006, if the Secretary has reasonable causes to
believe that the employer has engaged in violations of
the immigration laws.
``(5) Requirement to publish.--The Secretary shall publish
in the Federal Register the requirements for participation in
the System as described in paragraphs (3) and (4) prior to the
effective date of such requirements.
``(6) Consequence of failure to participate.--If an
employer is required to participate in the System and fails to
comply with the requirements of the System with respect to an
individual--
``(A) such failure shall be treated as a violation
of subsection (a)(1)(B) of this section with respect to
such individual; and
``(B) a rebuttable presumption is created that the
employer has violated subsection (a)(1)(A) of this
section, however such presumption may not apply to a
prosecution under subsection (f)(1).
``(7) System requirements.--
``(A) In general.--An employer that participates in
the System shall, with respect to the hiring, or
recruiting or referring for a fee, any individual for
employment in the United States, shall--
``(i) obtain from the individual and record
on the form designated by the Secretary--
``(I) the individual's name and
date of birth;
``(II) the individual's social
security account number; and
``(III) in the case of an
individual who does not attest that the
individual is a national of the United
States under subsection (c)(2), such
alien identification or authorization
number that the Secretary shall
require;
``(ii) retain the original of such form and
make such form available for inspection for the
periods and in the manner described in
subsection (c)(3).
``(B) Initial inquiry.--The employer shall submit
an inquiry through the System to seek confirmation of
the individual's identity and eligibility for
employment in the United States--
``(i) not later than 3 working days (or
such other reasonable time as may be specified
by the Secretary of Homeland Security) after
the date of the hiring, or recruiting or
referring for a fee, of the individual (as the
case may be); or
``(ii) in the case of an employee hired
prior to the date of enactment of the
Comprehensive Immigration Reform Act of 2006,
at such time as the Secretary shall specify.
``(C) Confirmation or nonconfirmation.--
``(i) Confirmation upon initial inquiry.--
If an employer receives a confirmation notice
under paragraph (2)(B)(i) for an individual,
the employer shall record, on the form
specified by the Secretary, the appropriate
code provided in such notice.
``(ii) Nonconfirmation and verification.--
``(I) Nonconfirmation.--If an
employer receives a tentative
nonconfirmation notice under paragraph
(2)(B)(ii) for an individual, the
employer shall inform such individual
of the issuances of such notice in
writing and shall provide the
individual with detailed information
about the right to contest the
tentative nonconfirmation and the
procedures established by the Secretary
and the Commissioner of Social Security
for contesting such nonconfirmation.
``(II) No contest.--If the
individual does not contest the
tentative nonconfirmation notice under
subclause (I) within 10 business days
of receiving notice from the
individual's employer, the notice shall
become final and the employer shall
record on the form specified by the
Secretary, the appropriate code
provided in the nonconfirmation notice.
``(III) Contest.--If the individual
contests the tentative nonconfirmation
notice under subclause (I), the
individual shall submit appropriate
information to contest such notice
under procedures prescribed by the
Secretary, in consultation with the
Commissioners of Social Security, not
later than 10 business days after
receiving the notice from the
individual's employer and shall utilize
the verification process developed
under paragraph (2)(C)(iii).
``(IV) Effective period of
tentative nonconfirmation.--A tentative
nonconfirmation notice shall remain in
effect until such notice becomes final
under clause (II) or a final
confirmation notice or final
nonconfirmation notice is issued by the
System.
``(V) Prohibition on termination.--
An employer may not terminate the
employment of an individual based on a
tentative nonconfirmation notice until
such notice becomes final under clause
(II) or a final nonconfirmation notice
is issued for the individual by the
System. Nothing in this clause shall
apply to a termination of employment
for any reason other than such
tentative nonconfirmation.
``(VI) Recording of conclusion on
form.--If a final confirmation or
nonconfirmation is provided by the
System regarding an individual, the
employer shall record on the form
designated by the Secretary the
appropriate code that is provided under
the System to indicate a confirmation
or nonconfirmation of the identity and
employment eligibility of the
individual.
``(D) Consequences of nonconfirmation.--If the
employer has received a final nonconfirmation regarding
an individual, the employer shall terminate the
employment, recruitment, or referral of the individual.
Such employer shall provide to the Secretary any
information relating to the individual that the
Secretary determines would assist the Secretary in
enforcing or administering the immigration laws. If the
employer continues to employ, recruit, or refer the
individual after receiving final nonconfirmation, a
rebuttable presumption is created that the employer has
violated subsections (a)(1)(A) and (a)(2). Such
presumption may not apply to a prosecution under
subsection (f)(1).
``(8) Construction.--Nothing in this section shall be
construed to limit the right of an individual who claims to be
a national of the United States to pursue that claim as
provided for in section 360(a).
``(9) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(10) Limitation on use of the system.--Notwithstanding
any other provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States to utilize any information,
database, or other records used in the System for any purpose
other than as provided for under any provision of law.
``(11) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection with respect to completion of forms, method of
storage, attestations, copying of documents, signatures,
methods of transmitting information, and other operational and
technical aspects to improve the efficiency, accuracy, and
security of the System.
``(12) Annual gao study and report.--
``(A) Requirement.--The Comptroller General of the
United States shall conduct an annual study of the
System.
``(B) Purpose.--The study shall evaluate the
accuracy, integrity, and impact of the System.
``(C) Report.--Not later than 12 months after the
date of the enactment of the Initial Entry, Adjustment,
and Citizenship Assistance Grant Act of 2006, and
annually thereafter, the Comptroller General shall
submit to Congress a report containing the findings of
the study carried out under this paragraph. Such report
shall include, at a minimum, the following:
``(i) An assessment of System performance
with respect to the rate at which individuals
who are eligible for employment in the United
States are correctly approved within 10 days,
including the assessment described in paragraph
(2)(C)(iii).
``(ii) An assessment of the privacy and
security of the System and its impact on
identity fraud or the misuse of personal data.
``(iii) An assessment of the impact of the
System on the employment of unauthorized aliens
and employment discrimination based on national
origin or citizenship.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file
complaints regarding potential violations of subsection
(a);
``(B) for the investigation of such complaints that
the Secretary determines are appropriate to
investigate; and
``(C) for the investigation of other violations of
subsection (a) that the Secretary determines are
appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees
of the Department of Homeland Security--
``(i) shall have reasonable access to
examine evidence of any employer being
investigated; and
``(ii) if designated by the Secretary, may
compel by subpoena the attendance of witnesses
and the production of evidence at any
designated place in an investigation or case
under this subsection.
``(B) Failure to cooperate.--In case of refusal to
obey a subpoena lawfully issued under subparagraph
(A)(ii), the Secretary may request that the Attorney
General apply in an appropriate district court of the
United States for an order requiring compliance with
such subpoena, and any failure to obey such order may
be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor
shall have the investigative authority provided under
section 11(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 211(a)) to ensure compliance with the
provisions of this section.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has
reasonable cause to believe that there has been a
violation of a requirement of this section and
determines that further proceedings related to such
violation are warranted, the Secretary shall issue to
the employer concerned a written notice of the
Secretary's intention to issue a claim for a fine or
other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation; and
``(iv) inform such employer that the
employer shall have a reasonable opportunity to
make representations as to why a claim for a
monetary or other penalty should not be
imposed.
``(B) Remission or mitigation of penalties.--
``(i) Petition by employer.--Whenever any
employer receives written notice of a fine or
other penalty in accordance with subparagraph
(A), the employer may file within 30 days from
receipt of such notice, with the Secretary a
petition for the remission or mitigation of
such fine or penalty, or a petition for
termination of the proceedings. The petition
may include any relevant evidence or proffer of
evidence the employer wishes to present, and
shall be filed and considered in accordance
with procedures to be established by the
Secretary.
``(ii) Review by secretary.--If the
Secretary finds that such fine or other penalty
was incurred erroneously, or finds the
existence of such mitigating circumstances as
to justify the remission or mitigation of such
fine or penalty, the Secretary may remit or
mitigate such fine or other penalty on the
terms and conditions as the Secretary
determines are reasonable and just, or order
termination of any proceedings related to the
notice. Such mitigating circumstances may
include good faith compliance and participation
in, or agreement to participate in, the System,
if not otherwise required.
``(iii) Applicability.--This subparagraph
may not apply to an employer that has or is
engaged in a pattern or practice of violations
of paragraph (1)(A), (1)(B), or (2) of
subsection (a) or of any other requirements of
this section.
``(C) Penalty claim.--After considering evidence
and representations offered by the employer pursuant to
subparagraph (B), the Secretary shall determine whether
there was a violation and promptly issue a written
final determination setting forth the findings of fact
and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates any provision of
paragraph (1)(A) or (2) of subsection (a) shall pay
civil penalties as follows:
``(i) Pay a civil penalty of not less than
$500 and not more than $4,000 for each
unauthorized alien with respect to each such
violation.
``(ii) If the employer has previously been
fined 1 time under this subparagraph, pay a
civil penalty of not less than $4,000 and not
more than $10,000 for each unauthorized alien
with respect to each such violation.
``(iii) If the employer has previously been
fined more than 1 time under this subparagraph
or has failed to comply with a previously
issued and final order related to any such
provision, pay a civil penalty of not less than
$6,000 and not more than $20,000 for each
unauthorized alien with respect to each such
violation.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with the
requirements of subsections (c) and (d), shall pay a
civil penalty as follows:
``(i) Pay a civil penalty of not less than
$200 and not more than $2,000 for each such
violation.
``(ii) If the employer has previously been
fined 1 time under this subparagraph, pay a
civil penalty of not less than $400 and not
more than $4,000 for each such violation.
``(iii) If the employer has previously been
fined more than 1 time under this subparagraph
or has failed to comply with a previously
issued and final order related to such
requirements, pay a civil penalty of $6,000 for
each such violation.
``(C) Other penalties.--Notwithstanding
subparagraphs (A) and (B), the Secretary may impose
additional penalties for violations, including cease
and desist orders, specially designed compliance plans
to prevent further violations, suspended fines to take
effect in the event of a further violation, and in
appropriate cases, the civil penalty described in
subsection (g)(2).
``(D) Reduction of penalties.--Notwithstanding
subparagraphs (A), (B), and (C), the Secretary is
authorized to reduce or mitigate penalties imposed upon
employers, based upon factors including the employer's
hiring volume, compliance history, good faith
implementation of a compliance program, participation
in a temporary worker program, and voluntary disclosure
of violations of this subsection to the Secretary.
``(E) Adjustment for inflation.--All penalties in
this section may be adjusted every 4 years to account
for inflation, as provided by law.
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 45 days after the date the
final determination is issued, file a petition in the Court of
Appeals for the appropriate circuit for review of the order.
The filing of a petition as provided in this paragraph shall
stay the Secretary's determination until entry of judgment by
the court. The burden shall be on the employer to show that the
final determination was not supported by substantial evidence.
The Secretary is authorized to require that the petitioner
provide, prior to filing for review, security for payment of
fines and penalties through bond or other guarantee of payment
acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that employer
under this subsection, and the final determination is not
subject to review as provided in paragraph (5), the Attorney
General may file suit to enforce compliance with the final
determination in any appropriate district court of the United
States. In any such suit, the validity and appropriateness of
the final determination shall not be subject to review.
``(f) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $20,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 6 months for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice of
employment, recruitment, or referral in violation of paragraph
(1)(A) or (2) of subsection (a), the Attorney General may bring
a civil action in the appropriate district court of the United
States requesting such relief, including a permanent or
temporary injunction, restraining order, or other order against
the employer, as the Secretary deems necessary.
``(g) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referring for a fee, of an individual,
to require the individual to post a bond or security, to pay or
agree to pay an amount, or otherwise to provide a financial
guarantee or indemnity, against any potential liability arising
under this section relating to such hiring, recruiting, or
referring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1) of
this subsection shall be subject to a civil penalty of $10,000
for each violation and to an administrative order requiring the
return of any amounts received in violation of such paragraph
to the employee or, if the employee cannot be located, to the
Employer Compliance Fund established under section 286(w).
``(h) Prohibition on Award of Government Contracts, Grants, and
Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold
a Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of
this section or is convicted of a crime under this
section, the employer shall be debarred from the
receipt of a Federal contract, grant, or cooperative
agreement for a period of 2 years. The Secretary or the
Attorney General shall advise the Administrator of
General Services of such a debarment, and the
Administrator of General Services shall list the
employer on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs for a period of
2 years.
``(B) Waiver.--The Administrator of General
Services, in consultation with the Secretary and the
Attorney General, may waive operation of this
subsection or may limit the duration or scope of the
debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is
determined by the Secretary to be a repeat violator of
this section or is convicted of a crime under this
section, shall be debarred from the receipt of Federal
contracts, grants, or cooperative agreements for a
period of 2 years.
``(B) Notice to agencies.--Prior to debarring the
employer under subparagraph (A), the Secretary, in
cooperation with the Administrator of General Services,
shall advise any agency or department holding a
contract, grant, or cooperative agreement with the
employer of the Government's intention to debar the
employer from the receipt of new Federal contracts,
grants, or cooperative agreements for a period of 2
years.
``(C) Waiver.--After consideration of the views of
any agency or department that holds a contract, grant,
or cooperative agreement with the employer, the
Secretary may, in lieu of debarring the employer from
the receipt of new Federal contracts, grants, or
cooperative agreements for a period of 2 years, waive
operation of this subsection, limit the duration or
scope of the debarment, or may refer to an appropriate
lead agency the decision of whether to debar the
employer, for what duration, and under what scope in
accordance with the procedures and standards prescribed
by the Federal Acquisition Regulation. However, any
proposed debarment predicated on an administrative
determination of liability for civil penalty by the
Secretary or the Attorney General shall not be
reviewable in any debarment proceeding. The decision of
whether to debar or take alternate action under this
subparagraph shall not be judicially reviewed.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered a
cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(i) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens (other than aliens
lawfully admitted for permanent residence) eligible to be
employed in the United States, the Secretary shall provide that
any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement.
``(2) Preemption.--The provisions of this section preempt
any State or local law--
``(A) imposing civil or criminal sanctions (other
than through licensing and similar laws) upon those who
employ, or recruit or refer for a fee for employment,
unauthorized aliens; or
``(B) requiring as a condition of conducting,
continuing, or expanding a business that a business
entity--
``(i) provide, build, fund, or maintain a
shelter, structure, or designated area for use
by day laborers at or near its place of
business; or
``(ii) take other steps that facilitate the
employment of day laborers by others.
``(j) Deposit of Amounts Received.--Except as otherwise specified,
civil penalties collected under this section shall be deposited by the
Secretary into the Employer Compliance Fund established under section
286(w).
``(k) Definitions.--In this section:
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring, recruiting, or referring an individual for
employment in the United States.
``(2) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(3) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) authorized to be so employed by this Act or
by the Secretary.''.
(b) Conforming Amendments.--
(1) Amendments.--
(A) Repeal of basic pilot.--Sections 401, 402, 403,
404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1324a note) are repealed.
(B) Repeal of reporting requirements.--
(i) Report on earnings of aliens not
authorized to work.--Subsection (c) of section
290 (8 U.S.C. 1360) is repealed.
(ii) Report on fraudulent use of social
security account numbers.--Subsection (b) of
section 414 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C.
1360 note) is repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under sections 401,
402, 403, 404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law
104-208; 8 U.S.C. 1324a note) in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8
U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and
inserting ``274A''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by
striking ``274A(b)'' and inserting ``274A(d)''; and
(B) in subsection (g)(2)(B)(ii), by striking
``274A(b)(5)'' and inserting ``274A(d)''.
(d) Amendments to the Social Security Act.--Section 205(c)(2) of
the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at
the end the following new subparagraphs:
``(I)(i) The Commissioner of Social Security shall establish a
reliable, secure method to provide through the Electronic Employment
Verification System established pursuant to subsection (d) of section
274A of the Immigration and Nationality Act (referred to in this
subparagraph as the `System'), within the time periods required by
paragraphs (2)(B) and (2)(C) of such subsection--
``(I) a determination of whether the name and social
security account number of an individual provided in an inquiry
made to the System by an employer is consistent with such
information maintained by the Commissioner in order to confirm
the validity of the information provided;
``(II) a determination of whether such social security
account number was issued to such individual;
``(III) determination of the citizenship status associated
with such name and social security account number, according to
the records maintained by the Commissioner;
``(IV) a determination of whether the name and number
belongs to an individual who is deceased, according to the
records maintained by the Commissioner;
``(V) a determination of whether the name and number is
blocked in accordance with clause (ii); and
``(VI) a confirmation notice or a nonconfirmation notice
described in such paragraph (2)(B) or (2)(C), in a manner that
ensures that other information maintained by the Commissioner
is not disclosed or released to employers through the System.
``(ii) The Commissioner of Social Security shall prevent the
fraudulent or other misuse of a social security account number by
establishing procedures under which an individual who has been assigned
a social security account number may block the use of such number under
the System and remove such block.
``(J) In assigning social security account numbers to aliens who
are authorized to work in the United States under section 218A of the
Immigration and Nationality Act, the Commissioner of Social Security
shall, to the maximum extent practicable, assign such numbers by
employing the enumeration procedure administered jointly by the
Commissioner, the Secretary of State, and the Secretary.''.
(e) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(21) Disclosure of certain taxpayer identity information
by social security administration to department of homeland
security.--
``(A) In general.--From taxpayer identity
information which has been disclosed to the Social
Security Administration and upon written request by the
Secretary of Homeland Security, the Commissioner of
Social Security shall disclose directly to officers,
employees, and contractors of the Department of
Homeland Security the following information:
``(i) Disclosure of employer no match
notices.--Taxpayer identity information of each
person who has filed an information return
required by reason of section 6051 who has
received written notice from the Commissioner
of Social Security during calendar year 2005,
2006, or 2007 that such person reported
remuneration on such a return--
``(I) with more than 100 names and
taxpayer identifying numbers of
employees (within the meaning of such
section) that did not match the records
maintained by the Commissioner of
Social Security, or
``(II) with more than 10 names of
employees (within the meaning of such
section) with the same taxpayer
identifying number.
``(ii) Disclosure of information regarding
use of duplicate employee taxpayer identifying
information.--Taxpayer identity information of
each person who has filed an information return
required by reason of section 6051 which the
Commissioner of Social Security has reason to
believe is the result of identity fraud due to
the use by multiple persons filing such returns
of the same taxpayer identifying number
(assigned under section 6109) of an employee
(within the meaning of section 6051).
``(iii) Disclosure of information regarding
nonparticipating employers.--Taxpayer identity
information of each person who has filed an
information return required by reason of
section 6051 and for which the Commissioner of
Social Security has reason to believe is not
recorded as participating in the Electronic
Employment Verification System authorized under
section 274A(d) of the Immigration and
Nationality Act (hereafter in this paragraph
referred to as the `System').
``(iv) Disclosure of information regarding
new employees of nonparticipating employers.--
Upon certification by the Secretary of Homeland
Security that each person identified by such
request based on the records of the Department
of Homeland Security is not recorded as
participating in the System, taxpayer identity
information of all employees (within the
meaning of section 6051) of such person hired
after the date which such person is required to
participate in the System under section
274A(d)(3)(B) of the Immigration and
Nationality Act.
``(v) Disclosure of information regarding
employees of certain designated employers.--
Upon certification by the Secretary of Homeland
Security that each person identified by such
request based on the records of the Department
of Homeland Security is designated by the
Secretary of Homeland Security under section
274A(d)(3)(A) of the Immigration and
Nationality Act or is required by the Secretary
of Homeland Security to participate in the
System under section 274A(d)(4)(B) of such Act,
taxpayer identity information of all employees
(within the meaning of section 6051) of such
person.
``(vi) Disclosure of new hire taxpayer
identity information.--Taxpayer identity
information of each person participating in the
System and taxpayer identity information of all
employees (within the meaning of section 6051)
of such person hired during the period
beginning with the later of--
``(I) the earlier of the date such
person volunteers to participate in the
System or the date such person is
required to participate in the System,
or
``(II) the date of the request
immediately preceding the most recent
request under this clause.
``(B) Restriction on disclosure.--The Commissioner
of Social Security shall disclose taxpayer identity
information under subparagraph (A) only for purposes
of, and to the extent necessary in--
``(i) establishing and enforcing employer
participation in the System,
``(ii) carrying out, including through
civil administrative and civil judicial
proceedings, of sections 212, 217, 235, 237,
238, 274A, and 274C of the Immigration and
Nationality Act, and
``(iii) the civil operation of the Alien
Terrorist Removal Court.
``(C) Reimbursement.--The Commissioner of Social
Security shall prescribe a reasonable fee schedule for
furnishing taxpayer identity information under this
paragraph and collect such fees in advance from the
Secretary of Homeland Security.
``(D) Termination.--This paragraph shall not apply
to any request made after the date which is 3 years
after the date of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--
(A) In general.--Section 6103(p) of such Code is
amended by adding at the end the following new
paragraph:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless such Department, to the
satisfaction of the Secretary--
``(A) has requirements in effect which require each
such contractor which would have access to returns or
return information to provide safeguards (within the
meaning of paragraph (4)) to protect the
confidentiality of such returns or return information,
``(B) agrees to conduct an on-site review every 3
years (mid-point review in the case of contracts or
agreements of less than 1 year in duration) of each
contractor to determine compliance with such
requirements,
``(C) submits the findings of the most recent
review conducted under subparagraph (B) to the
Secretary as part of the report required by paragraph
(4)(E), and
``(D) certifies to the Secretary for the most
recent annual period that such contractor is in
compliance with all such requirements.
The certification required by subparagraph (D) shall include
the name and address of each contractor, a description of the
contract or agreement with such contractor, and the duration of
such contract or agreement.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by
striking ``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended
by adding at the end the following new sentence: ``The
Commissioner of Social Security shall provide to the
Secretary such information as the Secretary may require
in carrying out this paragraph with respect to return
information inspected or disclosed under the authority
of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it
appears and inserting ``(17), or (21)'', and
(ii) by striking ``or (20)'' each place it
appears and inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended
by inserting ``or paragraph (9)'' after ``subparagraph
(A)''.
(E) Section 7213(a)(2) of such Code is amended by
striking ``or (20)'' and inserting ``(20), or (21)''.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out the
amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in this title
or the amendments made by this title, but only to the extent
the Secretary of Homeland Security has provided, in advance,
funds to cover the Commissioner's full costs in carrying out
such responsibilities. In no case shall funds from the Federal
Old-Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund be used to carry out such
responsibilities.
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (d) shall take effect on the date that is 180
days after the date of the enactment of this Act.
(2) Subsection (e).--
(A) In general.--The amendments made by subsection
(e) shall apply to disclosures made after the date of
the enactment of this Act.
(B) Certifications.--The first certification under
section 6103(p)(9)(D) of the Internal Revenue Code of
1986, as added by subsection (e)(2), shall be made with
respect to calendar year 2007.
SEC. 302. EMPLOYER COMPLIANCE FUND.
Section 286 (8 U.S.C. 1356) is amended by adding at the end the
following new subsection:
``(w) Employer Compliance Fund.--
``(1) In general.--There is established in the general fund
of the Treasury, a separate account, which shall be known as
the `Employer Compliance Fund' (referred to in this subsection
as the `Fund').
``(2) Deposits.--There shall be deposited as offsetting
receipts into the Fund all civil monetary penalties collected
by the Secretary of Homeland Security under section 274A.
``(3) Purpose.--Amounts refunded to the Secretary from the
Fund shall be used for the purposes of enhancing and enforcing
employer compliance with section 274A.
``(4) Availability of funds.--Amounts deposited into the
Fund shall remain available until expended and shall be
refunded out of the Fund by the Secretary of the Treasury, at
least on a quarterly basis, to the Secretary of Homeland
Security.''.
SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Worksite Enforcement.--
(1) Increase in number of investigators.--The Secretary
shall, subject to the availability of appropriations for such
purpose, annually increase, by not less than 2,000, the number
of positions for investigators dedicated to enforcing
compliance with sections 274 and 274A of the Immigration and
Nationality Act (8 U.S.C. 1324, and 1324a) during the 5-year
period beginning on the date of the enactment of this Act.
(2) Use of enforcement personnel.--The Secretary shall
ensure that not less than 20 percent of all the hours expended
by personnel of the Bureau of Immigration and Customs
Enforcement of the Department to enforce the immigration and
customs laws shall be used to enforce compliance with section
274A of the Immigration and Nationality Act (8 U.S.C. 1324a),
as amended by section 301(a).
(b) Fraud Detection.--The Secretary shall, subject to the
availability of appropriations for such purpose, increase by not less
than 1,000 the number of positions for agents of the Bureau of
Immigration and Customs Enforcement dedicated to immigration fraud
detection during the 5-year period beginning on the date of the
enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2007 through
2011 such sums as may be necessary to carry out this section.
SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.
Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 1182(a)(6)(C)(ii)(I)), is
amended by striking ``citizen'' and inserting ``national''.
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
SEC. 401. IMMIGRATION IMPACT STUDY.
(a) Effective Date.--Any regulation that would increase the number
of aliens who are eligible for legal status may not take effect before
90 days after the date on which the Director of the Bureau of the
Census submits a report to Congress under subsection (c).
(b) Study.--The Director of the Bureau of the Census, jointly with
the Secretary, the Secretary of Agriculture, the Secretary of
Education, the Secretary of Energy, the Secretary of Health and Human
Services, the Secretary of Housing and Urban Development, the Secretary
of the Interior, the Secretary of Labor, the Secretary of
Transportation, the Secretary of the Treasury, the Attorney General,
and the Administrator of the Environmental Protection Agency, shall
undertake a study examining the impacts of the current and proposed
annual grants of legal status, including immigrant and nonimmigrant
status, along with the current level of illegal immigration, on the
infrastructure of and quality of life in the United States.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of the Bureau of the Census shall submit to
Congress a report on the findings of the study required by subsection
(b), including the following information:
(1) An estimate of the total legal and illegal immigrant
populations of the United States, as they relate to the total
population.
(2) The projected impact of legal and illegal immigration
on the size of the population of the United States over the
next 50 years, which regions of the country are likely to
experience the largest increases, which small towns and rural
counties are likely to lose their character as a result of such
growth, and how the proposed regulations would affect these
projections.
(3) The impact of the current and projected foreign-born
populations on the natural environment, including the
consumption of nonrenewable resources, waste production and
disposal, the emission of pollutants, and the loss of habitat
and productive farmland, an estimate of the public expenditures
required to maintain current standards in each of these areas,
the degree to which current standards will deteriorate if such
expenditures are not forthcoming, and the additional effects
the proposed regulations would have.
(4) The impact of the current and projected foreign-born
populations on employment and wage rates, particularly in
industries such as agriculture and services in which the
foreign born are concentrated, an estimate of the associated
public costs, and the additional effects the proposed
regulations would have.
(5) The impact of the current and projected foreign-born
populations on the need for additions and improvements to the
transportation infrastructure of the United States, an estimate
of the public expenditures required to meet this need, the
impact on Americans' mobility if such expenditures are not
forthcoming, and the additional effect the proposed regulations
would have.
(6) The impact of the current and projected foreign-born
populations on enrollment, class size, teacher-student ratios,
and the quality of education in public schools, an estimate of
the public expenditures required to maintain current median
standards, the degree to those standards will deteriorate if
such expenditures are not forthcoming, and the additional
effect the proposed regulations would have.
(7) The impact of the current and projected foreign-born
populations on home ownership rates, housing prices, and the
demand for low-income and subsidized housing, the public
expenditures required to maintain current median standards in
these areas, the degree to which those standards will
deteriorate if such expenditures are not forthcoming, and the
additional effect the proposed regulations would have.
(8) The impact of the current and projected foreign-born
populations on access to quality health care and on the cost of
health care and health insurance, an estimate of the public
expenditures required to maintain current median standards, the
degree to which those standards will deteriorate if such
expenditures are not forthcoming, and the additional effect the
proposed regulations would have.
(9) The impact of the current and projected foreign-born
populations on the criminal justice system in the United
States, an estimate of the associated public costs, and the
additional effect the proposed regulations would have.
SEC. 402. NONIMMIGRANT TEMPORARY WORKER.
(a) Temporary Worker Category.--Section 101(a)(15)(H) (8 U.S.C.
1101(a)(15)(H)) is amended to read as follows:
``(H) an alien--
``(i)(b) subject to section 212(j)(2)--
``(aa) who is coming temporarily to
the United States to perform services
(other than services described in
clause (ii)(a) or subparagraph (O) or
(P)) in a specialty occupation
described in section 214(i)(1) or as a
fashion model;
``(bb) who meets the requirements
for the occupation specified in section
214(i)(2) or, in the case of a fashion
model, is of distinguished merit and
ability; and
``(cc) with respect to whom the
Secretary of Labor determines and
certifies to the Secretary of Homeland
Security that the intending employer
has filed an application with the
Secretary in accordance with section
212(n)(1);
``(b1)(aa) who is entitled to enter the
United States under the provisions of an
agreement listed in section 214(g)(8)(A);
``(bb) who is engaged in a specialty
occupation described in section 214(i)(3); and
``(cc) with respect to whom the Secretary
of Labor determines and certifies to the
Secretary of Homeland Security and the
Secretary of State that the intending employer
has filed an attestation with the Secretary of
Labor in accordance with section 212(t)(1); or
``(c)(aa) who is coming temporarily to the
United States to perform services as a
registered nurse;
``(bb) who meets the qualifications
described in section 212(m)(1); and
``(cc) with respect to whom the Secretary
of Labor determines and certifies to the
Secretary of Homeland Security that an
unexpired attestation is on file and in effect
under section 212(m)(2) for the facility (as
defined in section 212(m)(6)) for which the
alien will perform the services; or
``(ii)(a) who--
``(aa) has a residence in a foreign
country which the alien has no
intention of abandoning; and
``(bb) is coming temporarily to the
United States to perform agricultural
labor or services (as defined by the
Secretary of Labor), including
agricultural labor (as defined in
section 3121(g) of the Internal Revenue
Code of 1986), agriculture (as defined
in section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(f))), and the pressing of apples
for cider on a farm, of a temporary or
seasonal nature;
``(b) who--
``(aa) has a residence in a foreign
country which the alien has no
intention of abandoning;
``(bb) is coming temporarily to the
United States to perform
nonagricultural work or services of a
temporary or seasonal nature (if
unemployed persons capable of
performing such work or services cannot
be found in the United States),
excluding medical school graduates
coming to the United States to perform
services as members of the medical
profession; or
``(c) who--
``(aa) has a residence in a foreign
country which the alien has no
intention of abandoning;
``(bb) is coming temporarily to the
United States to perform temporary
labor or services other than the labor
or services described in clause (i)(b),
(i)(c), (ii)(a), or (iii), or
subparagraph (L), (O), (P), or (R) (if
unemployed persons capable of
performing such labor or services
cannot be found in the United States);
and
``(cc) meets the requirements of
section 218A, including the filing of a
petition under such section on behalf
of the alien;
``(iii) who--
``(a) has a residence in a foreign
country which the alien has no
intention of abandoning; and
``(b) is coming temporarily to the
United States as a trainee (other than
to receive graduate medical education
or training) in a training program that
is not designed primarily to provide
productive employment; or
``(iv) who--
``(a) is the spouse or a minor
child of an alien described in clause
(iii); and
``(b) is accompanying or following
to join such alien.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date which is 1 year after the date of the enactment
of this Act and shall apply to aliens, who, on such effective date, are
outside of the United States.
SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.
(a) Temporary Guest Workers.--
(1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et
seq.) is amended by inserting after section 218 the following:
``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.
``(a) Authorization.--The Secretary of State may grant a temporary
visa to an H-2C nonimmigrant who demonstrates an intent to perform
labor or services in the United States (other than the labor or
services described in 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.--An alien shall be eligible for
H-2C nonimmigrant status if the alien meets 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)(ii)(c).
``(2) Evidence of employment.--The alien shall establish
that the alien has received a job offer from an employer who
has complied with the requirements of 218B.
``(3) Fee.--The alien shall pay a $500 visa issuance fee 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.
``(5) Application content and waiver.--
``(A) Application form.--The alien shall submit to
the Secretary a completed application, on a form
designed by the Secretary of Homeland Security,
including proof of evidence of the requirements under
paragraphs (1) and (2).
``(B) Content.--In addition to any other
information that the Secretary requires to determine an
alien's eligibility for H-2C nonimmigrant status, the
Secretary shall require an alien to provide information
concerning the alien's--
``(i) physical and mental health;
``(ii) criminal history and gang
membership;
``(iii) immigration history; and
``(iv) involvement with groups or
individuals that have engaged in terrorism,
genocide, persecution, or who seek the
overthrow of the United States Government.
``(C) Knowledge.--The alien shall include with the
application submitted under this paragraph a signed
certification in which the alien certifies that--
``(i) the alien has read and understands
all of the questions and statements on the
application form;
``(ii) the alien certifies under penalty of
perjury under the laws of the United States
that the application, and any evidence
submitted with it, are all true and correct;
and
``(iii) the applicant authorizes the
release of any information contained in the
application and any attached evidence for law
enforcement purposes.
``(c) Grounds of Inadmissibility.--
``(1) In general.--In determining an alien's admissibility
as an H-2C nonimmigrant--
``(A) paragraphs (5), (6)(A), (7), (9)(B), and
(9)(C) of section 212(a) may be waived for conduct that
occurred before the effective date of the Initial
Entry, Adjustment, and Citizenship Assistance Grant Act
of 2006;
``(B) the Secretary of Homeland Security may not
waive the application of--
``(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), (C) or (D) of
section 212(a)(10) (relating to polygamists and
child abductors); and
``(C) for conduct that occurred before the date of
the enactment of the Initial Entry, Adjustment, and
Citizenship Assistance Grant Act of 2006, 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--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if such a waiver is otherwise in
the public interest.
``(2) Renewal of authorized admission and subsequent
admissions.--An alien seeking renewal of authorized admission
or subsequent admission as an H-2C nonimmigrant shall establish
that the alien is not inadmissible under section 212(a).
``(d) Background Checks.--The Secretary of Homeland Security shall
not admit, and the Secretary of State shall not issue a visa to, an
alien seeking H-2C nonimmigrant status unless all appropriate
background checks have been completed.
``(e) Ineligible to Change Nonimmigrant Classification.--An H-2C
nonimmigrant may not change nonimmigrant classification under section
248.
``(f) Period of Authorized Admission.--
``(1) Authorized period and renewal.--The initial period of
authorized admission as an H-2C nonimmigrant shall be 3 years,
and the alien may seek 1 extension for an additional 3-year
period.
``(2) International commuters.--An alien who resides
outside the United States and commutes into the United States
to work as an H-2C nonimmigrant, is not subject to the time
limitations under paragraph (1).
``(3) Loss of employment.--
``(A) In general.--Subject to subsection (c), the
period of authorized admission of an H-2C nonimmigrant
shall terminate if the alien is unemployed for 60 or
more consecutive days.
``(B) Return to foreign residence.--Any alien whose
period of authorized admission terminates under
subparagraph (A) shall be required to leave the United
States.
``(C) Period of visa validity.--Any alien, whose
period of authorized admission terminates under
subparagraph (A), who leaves the United States under
subparagraph (B), may reenter the United States as an
H-2C nonimmigrant to work for an employer, if the alien
has complied with the requirements of subsections (b)
and (f)(2). The Secretary may, in the Secretary's sole
and unreviewable discretion, reauthorize such alien for
admission as an H-2C nonimmigrant without requiring the
alien's departure from the United States.
``(4) Visits outside united states.--
``(A) In general.--Under regulations established by
the Secretary of Homeland Security, an H-2C
nonimmigrant--
``(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.
``(5) Bars to extension or admission.--An alien may not be
granted H-2C nonimmigrant status, or an extension of such
status, if--
``(A) the alien has violated any material term or
condition of such status granted previously, including
failure to comply with the change of address reporting
requirements under section 265;
``(B) the alien is inadmissible as a nonimmigrant;
or
``(C) the granting of such status or extension of
such status would allow the alien to exceed 6 years as
an H-2C nonimmigrant, unless the alien has resided and
been physically present outside the United States for
at least 1 year after the expiration of such H-2C
nonimmigrant status.
``(g) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant
shall be issued documentary evidence of nonimmigrant status, which--
``(1) shall be machine-readable, tamper-resistant, and
allow for biometric authentication;
``(2) shall be designed in consultation with the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement;
``(3) shall, during the alien's authorized period of
admission under subsection (f), serve as a valid entry document
for the purpose of applying for admission to the United
States--
``(A) instead of a passport and visa if the alien--
``(i) is a national of a foreign territory
contiguous to the United States; and
``(ii) is applying for admission at a land
border port of entry; and
``(B) in conjunction with a valid passport, if the
alien is applying for admission at an air or sea port
of entry;
``(4) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B); and
``(5) shall be issued to the H-2C nonimmigrant by the
Secretary of Homeland Security promptly after the final
adjudication of such alien's application for H-2C nonimmigrant
status.
``(h) Penalty for Failure to Depart.--If an H-2C nonimmigrant fails
to depart the United States before the date which is 10 days after the
date that the alien's authorized period of admission as an H-2C
nonimmigrant terminates, the H-2C nonimmigrant may not apply for or
receive any immigration relief or benefit under this Act or any other
law, except for relief under sections 208 and 241(b)(3) and relief
under the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, for an alien who indicates either an
intention to apply for asylum under section 208 or a fear of
persecution or torture.
``(i) Penalty for Illegal Entry or Overstay.--Any alien who enters,
attempts to enter, or crosses the border after the date of the
enactment of this section, and is physically present in the United
States after such date in violation of this Act or of any other Federal
law, may not receive, for a period of 10 years--
``(1) any relief under sections 240A and 240B; or
``(2) nonimmigrant status under section 101(a)(15).
``(j) Portability.--A nonimmigrant alien described in this section,
who was previously issued a visa or otherwise provided H-2C
nonimmigrant status, may accept a new offer of employment with a
subsequent employer, if--
``(1) the employer complies with section 218B; and
``(2) the alien, after lawful admission to the United
States, did not work without authorization.
``(k) Change of Address.--An H-2C nonimmigrant shall comply with
the change of address reporting requirements under section 265 through
either electronic or paper notification.
``(l) Collection of Fees.--All fees collected under this section
shall be deposited in the Treasury in accordance with section 286(c).
``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and Children.--
``(1) In general.--The alien spouse and children of an H-2C
nonimmigrant (referred to in this section as `dependent
aliens') who are accompanying or following to join the H-2C
nonimmigrant may be issued nonimmigrant visas under section
101(a)(15)(H)(iv).
``(2) Requirements for admission.--A dependent alien is
eligible for nonimmigrant status under 101(a)(15)(H)(iv) if the
dependant alien meets the following requirements:
``(A) Eligibility.--The dependent alien is
admissible as a nonimmigrant and does not fall within a
class of aliens ineligible for H-4A nonimmigrant status
listed under subsection (c).
``(B) Medical examination.--Before a nonimmigrant
visa is issued to a dependent alien under this
subsection, the dependent alien may be required to
submit to a medical examination (including a
determination of immunization status) at the alien's
expense, that conforms to generally accepted standards
of medical practice.
``(C) Background checks.--Before a nonimmigrant
visa is issued to a dependent alien under this section,
the consular officer shall conduct such background
checks as the Secretary of State, in consultation with
the Secretary of Homeland Security, considers
appropriate.
``(n) Definitions.--In this section and sections 218B, 218C, and
218D:
``(1) Aggrieved person.--The term `aggrieved person' means
a person adversely affected by an alleged violation of this
section, 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.
``(2) Area of employment.--The terms `area of employment'
and `area of intended employment' mean the area within normal
commuting distance of the worksite or physical location at
which the work of the temporary worker is or will be performed.
If such worksite or location is within a Metropolitan
Statistical Area, any place within such area is deemed to be
within the area of employment.
``(3) Eligible individual.--The term `eligible individual'
means, with respect to employment, an individual who is not an
unauthorized alien (as defined in section 274A) with respect to
that employment.
``(4) 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).
``(5) 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.
``(6) 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)(ii)(c).
``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant'
means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).
``(8) Separation from employment.--The term `separation
from employment' means the worker's loss of employment, other
than through a discharge for inadequate performance, violation
of workplace rules, cause, voluntary departure, voluntary
retirement, or the expiration of a grant or contract. The term
does not include any situation in which the worker is offered,
as an alternative to such loss of employment, a similar
employment opportunity with the same employer at equivalent or
higher compensation and benefits than the position from which
the employee was discharged, regardless of whether the employee
accepts the offer. Nothing in this paragraph shall limit an
employee's rights under a collective bargaining agreement or
other employment contract.
``(9) United states worker.--The term `United States
worker' means an employee who is--
``(A) a citizen or national of the United States;
or
``(B) an alien who is--
``(i) lawfully admitted for permanent
residence;
``(ii) admitted as a refugee under section
207;
``(iii) granted asylum under section 208;
or
``(iv) otherwise authorized, under this Act
or by the Secretary of Homeland Security, to be
employed in the United States.''.
(2) 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-2C workers.''.
(b) Creation of State Impact Assistance Account.--Section 286 (8
U.S.C. 1356) is amended by adding at the end the following:
``(x) State Impact Assistance Account.--There is established in the
general fund of the Treasury a separate account, which shall be known
as the `State Impact Aid Account'. Notwithstanding any other provision
under this Act, there shall be deposited as offsetting receipts into
the account all family supplemental visa and family supplemental
extension of status fees collected under sections 218A and 218B.''.
SEC. 404. EMPLOYER OBLIGATIONS.
(a) In General.--Title II (8 U.S.C. 1201 et seq.) is amended by
inserting after section 218A, as added by section 403, the following:
``SEC. 218B. EMPLOYER OBLIGATIONS.
``(a) General Requirements.--Each employer who employs an H-2C
nonimmigrant shall--
``(1) file a petition in accordance with subsection (b);
and
``(2) pay the appropriate fee, as determined by the
Secretary of Labor.
``(b) Petition.--A petition to hire an H-2C nonimmigrant under this
section shall include an attestation by the employer of the following:
``(1) Protection of united states workers.--The employment
of an H-2C nonimmigrant--
``(A) will not adversely affect the wages and
working conditions of workers in the United States
similarly employed; and
``(B) did not and will not cause the separation
from employment of a United States worker employed by
the employer within the 180-day period beginning 90
days before the date on which the petition is filed.
``(2) Wages.--
``(A) In general.--The H-2C nonimmigrant will be
paid not less than the greater of--
``(i) the actual wage level paid by the
employer to all other individuals with similar
experience and qualifications for the specific
employment in question; or
``(ii) the prevailing wage level for the
occupational classification in the area of
employment, taking into account experience and
skill levels of employees.
``(B) Calculation.--The wage levels under
subparagraph (A) shall be calculated based on the best
information available at the time of the filing of the
application.
``(C) Prevailing wage level.--For purposes of
subparagraph (A)(ii), the prevailing wage level shall
be determined in accordance with this subparagraph. If
the job opportunity is covered by a collective
bargaining agreement between a union and the employer,
the prevailing wage shall be the wage rate set forth in
the collective bargaining agreement. If the job
opportunity is not covered by such an agreement, and it
is in an occupation that is covered by a wage
determination under a provision of subchapter IV of
chapter 31 of title 40, United States Code, or the
Service Contract Act of 1965 (41 U.S.C. 351 et seq.),
the prevailing wage level shall be the appropriate
statutory wage.
``(3) Working conditions.--All workers in the occupation at
the place of employment at which the H-2C nonimmigrant will be
employed will be provided the working conditions and benefits
that are normal to workers similarly employed in the area of
intended employment.
``(4) Labor dispute.--There is not a strike, lockout, or
work stoppage in the course of a labor dispute in the
occupation at the place of employment at which the H-2C
nonimmigrant will be employed. If such strike, lockout, or work
stoppage occurs following submission of the petition, the
employer will provide notification in accordance with
regulations promulgated by the Secretary of Labor.
``(5) Provision of insurance.--If the position for which
the H-2C nonimmigrant is sought is not covered by the State
workers' compensation law, the employer will provide, at no
cost to the H-2C nonimmigrant, insurance covering injury and
disease arising out of, and in the course of, the worker's
employment, which will provide benefits at least equal to those
provided under the State workers' compensation law for
comparable employment.
``(6) Notice to employees.--
``(A) In general.--The employer has provided notice
of the filing of the petition to the bargaining
representative of the employer's employees in the
occupational classification and area of employment for
which the H-2C nonimmigrant is sought.
``(B) No bargaining representative.--If there is no
such bargaining representative, the employer has--
``(i) posted a notice of the filing of the
petition in a conspicuous location at the place
or places of employment for which the H-2C
nonimmigrant is sought; or
``(ii) electronically disseminated such a
notice to the employer's employees in the
occupational classification for which the H-2C
nonimmigrant is sought.
``(7) Recruitment.--Except where the Secretary of Labor has
determined that there is a shortage of United States workers in
the occupation and area of intended employment for which the H-
2C nonimmigrant is sought--
``(A) there are not sufficient workers who are
able, willing, and qualified, and who will be available
at the time and place needed, to perform the labor or
services involved in the petition; and
``(B) good faith efforts have been taken to recruit
United States workers, in accordance with regulations
promulgated by the Secretary of Labor, which efforts
included--
``(i) the completion of recruitment during
the period beginning on the date that is 90
days before the date on which the petition was
filed with the Department of Homeland Security
and ending on the date that is 14 days before
such filing date; and
``(ii) the actual wage paid by the employer
for the occupation in the areas of intended
employment was used in conducting recruitment.
``(8) Ineligibility.--The employer is not currently
ineligible from using the H-2C nonimmigrant program described
in this section.
``(9) Bonafide offer of employment.--The job for which the
H-2C nonimmigrant is sought is a bona fide job--
``(A) for which the employer needs labor or
services;
``(B) which has been and is clearly open to any
United States worker; and
``(C) for which the employer will be able to place
the H-2C nonimmigrant on the payroll.
``(10) Public availability and records retention.--A copy
of each petition filed under this section and documentation
supporting each attestation, in accordance with regulations
promulgated by the Secretary of Labor, will--
``(A) be provided to every H-2C nonimmigrant
employed under the petition;
``(B) be made available for public examination at
the employer's place of business or work site;
``(C) be made available to the Secretary of Labor
during any audit; and
``(D) remain available for examination for 5 years
after the date on which the petition is filed.
``(11) Notification upon separation from or transfer of
employment.--The employer will notify the Secretary of Labor
and the Secretary of Homeland Security of an H-2C
nonimmigrant's separation from employment or transfer to
another employer not more than 3 business days after the date
of such separation or transfer, in accordance with regulations
promulgated by the Secretary of Homeland Security.
``(12) Actual need for labor or services.--The petition was
filed not more than 60 days before the date on which the
employer needed labor or services for which the H-2C
nonimmigrant is sought.
``(c) Audit of Attestations.--
``(1) Referrals by secretary of homeland security.--The
Secretary of Homeland Security shall refer all approved
petitions for H-2C nonimmigrants to the Secretary of Labor for
potential audit.
``(2) Audits authorized.--The Secretary of Labor may audit
any approved petition referred pursuant to paragraph (1), in
accordance with regulations promulgated by the Secretary of
Labor.
``(d) Ineligible Employers.--
``(1) In general.--The Secretary of Homeland Security shall
not approve an employer's petitions, applications,
certifications, or attestations under any immigrant or
nonimmigrant program if the Secretary of Labor determines,
after notice and an opportunity for a hearing, that the
employer submitting such documents--
``(A) has, with respect to the attestations
required under subsection (b)--
``(i) misrepresented a material fact;
``(ii) made a fraudulent statement; or
``(iii) failed to comply with the terms of
such attestations; or
``(B) failed to cooperate in the audit process in
accordance with regulations promulgated by the
Secretary of Labor.
``(2) Length of ineligibility.--An employer described in
paragraph (1) shall be ineligible to participate in the labor
certification programs of the Secretary of Labor for not less
than the time period determined by the Secretary, not to exceed
3 years.
``(3) Employers in high unemployment areas.--Beginning on
the date that is 1 year after the date of the enactment of the
Initial Entry, Adjustment, and Citizenship Assistance Grant Act
of 2006, the Secretary of Homeland Security may not approve any
employer's petition under subsection (b) if the work to be
performed by the H-2C nonimmigrant is located in a metropolitan
or micropolitan statistical area (as defined by the Office of
Management and Budget) in which the unemployment rate for
unskilled and low-skilled workers during the most recently
completed 6-month period averaged more than 11.0 percent.
``(e) Regulation of Foreign Labor Contractors.--
``(1) Coverage.--Notwithstanding any other provision of
law, an H-2C nonimmigrant may not be treated as an independent
contractor.
``(2) Applicability of laws.--An H-2C nonimmigrant 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.
``(3) Tax responsibilities.--With respect to each employed
H-2C nonimmigrant, an employer shall comply with all applicable
Federal, State, and local tax and revenue laws.
``(f) Whistleblower Protection.--It shall be unlawful for an
employer or a labor contractor of an H-2C nonimmigrant 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--
``(1) discloses information to the employer or any other
person that the employee or former employee reasonably believes
demonstrates a violation of this Act; or
``(2) cooperates or seeks to cooperate in an investigation
or other proceeding concerning compliance with the requirements
of this Act.
``(g) 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 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--
``(i) work related injuries and death
during the period of employment;
``(ii) the name of the State workers'
compensation insurance carrier or the name of
the policyholder of the private insurance;
``(iii) the name and the telephone number
of each person who must be notified of an
injury or death; and
``(iv) the time period within which such
notice must be given;
``(J) any education or training to be provided or
required, including--
``(i) the nature and cost of such training;
``(ii) the entity that will pay such costs;
and
``(iii) whether the training is a condition
of employment, continued employment, or future
employment; and
``(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 Secretary 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.--Not less frequently than once
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, including--
``(I) requirements under paragraphs
(1), (4), and (5) of section 102 of the
Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1812);
``(II) an expeditious means to
update registrations and renew
certificates; and
``(III) any other requirements that
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 if--
``(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--
``(aa) is a person who has
been refused issuance or
renewal of a certificate;
``(bb) has had a
certificate suspended or
revoked; or
``(cc) does not qualify for
a certificate under this
paragraph; or
``(III) the applicant for or holder
of the certification has failed to
comply with this 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 (h) and
(i). 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 (h) and (i). An employer
that violates a provision of this subsection relating
to employer obligations shall be subject to remedies
under subsections (h) and (i).
``(D) Employer notification.--An employer shall
notify the Secretary of Labor if the employer becomes
aware of a violation of this subsection by a foreign
labor recruiter.
``(E) Written agreements.--A foreign labor
contractor may not 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 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.
``(h) Enforcement.--
``(1) In general.--The Secretary of Labor shall promulgate
regulations for the receipt, investigation, and disposition of
complaints by an aggrieved person respecting a violation of
this section.
``(2) 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.
``(3) 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.
``(4) 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 (5).
``(5) 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.
``(6) 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 (i); or
``(C) to ensure compliance with terms and
conditions described in subsection (g).
``(7) 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.
``(8) Procedures in addition to other rights of
employees.--The rights and remedies provided to workers under
this section are in addition to any other contractual or
statutory rights and remedies of the workers, and are not
intended to alter or affect such rights and remedies.
``(i) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary of Labor finds a violation of
subsection (b), (e), (f), or (g), the Secretary may impose
administrative remedies and penalties, including--
``(A) back wages;
``(B) 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 (e) or (f)--
``(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 (g)--
``(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 (g) 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 in an amount not more than $35,000, or both.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 218A, as added by section
403, the following:
``Sec. 218B. Employer obligations.''.
SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by
inserting after section 218B, as added by section 404, the following:
``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
``(a) Establishment.--The Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of State, and
the Commission of Social Security, shall develop and implement a
program (referred to in this section as the `alien employment
management system') to manage and track the employment of aliens
described in sections 218A and 218D.
``(b) Requirements.--The alien employment management system shall--
``(1) provide employers who seek employees with an
opportunity to recruit and advertise employment opportunities
available to United States workers before hiring an H-2C
nonimmigrant;
``(2) collect sufficient information from employers to
enable the Secretary of Homeland Security to determine--
``(A) if the nonimmigrant is employed;
``(B) which employers have hired an H-2C
nonimmigrant;
``(C) the number of H-2C nonimmigrants that an
employer is authorized to hire and is currently
employing;
``(D) the occupation, industry, and length of time
that an H-2C nonimmigrant has been employed in the
United States;
``(3) allow employers to request approval of multiple H-2C
nonimmigrant workers; and
``(4) permit employers to submit applications under this
section in an electronic form.''.
(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 218B, as added by section 404, the
following:
``Sec. 218C. Alien employment management system.''.
SEC. 406. RULEMAKING; EFFECTIVE DATE.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Labor shall promulgate
regulations, in accordance with the notice and comment provisions of
section 553 of title 5, United States Code, to carry out the provisions
of sections 218A, 218B, and 218C, as added by this Act.
(b) Effective Date.--The amendments made by sections 403, 404, and
405 shall take effect on the date that is 1 year after the date of the
enactment of this Act with regard to aliens, who, on such effective
date, are in the foreign country where they maintain residence.
SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.
(a) Electronic Job Registry.--The Secretary of Labor shall
establish a publicly accessible Web page on the Internet website of the
Department of Labor that provides a single Internet link to each State
workforce agency's statewide electronic registry of jobs available
throughout the United States to United States workers.
(b) Recruitment of United States Workers.--
(1) Posting.--An employer shall attest that the employer
has posted an employment opportunity at a prevailing wage level
(as described in section 218B(b)(2)(C) of the Immigration and
Nationality Act).
(2) Records.--An employer shall maintain records for not
less than 1 year after the date on which an H-2C nonimmigrant
is hired that describe the reasons for not hiring any of the
United States workers who may have applied for such position.
(c) Oversight and Maintenance of Records.--The Secretary of Labor
shall promulgate regulations regarding the maintenance of electronic
job registry records for the purpose of audit or investigation.
(d) Access to Electronic Job Registry.--The Secretary of Labor
shall ensure that job opportunities advertised on an electronic job
registry established under this section are accessible--
(1) by the State workforce agencies, which may further
disseminate job opportunity information to other interested
parties; and
(2) through the Internet, for access by workers, employers,
labor organizations, and other interested parties.
SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.
(a) Establishment.--There is established a task force to be known
as the ``Temporary Worker Task Force'' (referred to in this section as
the ``Task Force'').
(b) Purposes.--The purposes of the Task Force are--
(1) to study the impact of the admission of aliens under
section 101(a)(15)(ii)(c) on the wages, working conditions, and
employment of United States workers; and
(2) to make recommendations to the Secretary of Labor
regarding the need for an annual numerical limitation on the
number of aliens that may be admitted in any fiscal year under
section 101(a)(15)(ii)(c).
(c) Membership.--
(1) In general.--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
minority party in the Senate, in consultation with the
leader of the minority 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.
(2) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 6 months after the date
of the enactment of this Act.
(3) 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.
(4) Quorum.--Six members of the Task Force shall constitute
a quorum.
(d) Qualifications.--
(1) In general.--Members of the Task Force shall be--
(A) individuals with expertise in economics,
demography, labor, business, or immigration or other
pertinent qualifications or experience; and
(B) representative of a broad cross-section of
perspectives within the United States, including the
public and private sectors and academia.
(2) Political affiliation.--Not more than 5 members of the
Task Force may be members of the same political party.
(3) 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.
(e) Meetings.--
(1) Initial meeting.--The Task Force shall meet and begin
the operations of the Task Force as soon as practicable.
(2) Subsequent meetings.--After its initial meeting, the
Task Force shall meet upon the call of the chairman or a
majority of its members.
(f) Report.--Not later than 18 months after the date of the
enactment of this Act, the Task Force shall submit, to Congress, the
Secretary of Labor, and the Secretary, a report that contains--
(1) findings with respect to the duties of the Task Force;
and
(2) recommendations for imposing a numerical limit.
(g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 1184(g)(1))
is amended--
(1) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following:
``(C) under section 101(a)(15)(H)(ii)(c) may not
exceed--
``(i) 325,000 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.''.
(h) Adjustment to Lawful Permanent Resident Status.--Section 245 (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)(ii)(c)
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)(ii)(c) 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)(ii)(c).
``(5) The Secretary of Homeland Security shall extend, in 1-year
increments, the stay of an alien for whom a labor certification
petition filed under section 203(b) or an immigrant visa petition filed
under section 204(b) is pending until a final decision is made on the
alien's lawful permanent residence.
``(6) Nothing in this subsection shall be construed to prevent an
alien having nonimmigrant status described in section
101(a)(15)(H)(ii)(c) from filing an application for adjustment of
status under this section in accordance with any other provision of
law.''.
SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.
(a) In General.--The Secretary of State, in cooperation with the
Secretary and the Attorney General, shall negotiate with each home
country of aliens described in section 101(a)(15)(H)(ii)(c) of the
Immigration and Nationality Act, as added by section 402, to enter into
a bilateral agreement with the United States that conforms to the
requirements under subsection (b).
(b) Requirements of Bilateral Agreements.--Each agreement
negotiated under subsection (a) shall require the participating home
country to--
(1) accept the return of nationals who are ordered removed
from the United States within 3 days of such removal;
(2) cooperate with the United States Government to--
(A) identify, track, and reduce gang membership,
violence, and human trafficking and smuggling; and
(B) control illegal immigration;
(3) provide the United States Government with--
(A) passport information and criminal records of
aliens who are seeking admission to, or are present in,
the United States; and
(B) admission and entry data to facilitate United
States entry-exit data systems; and
(4) educate nationals of the home country regarding United
States temporary worker programs to ensure that such nationals
are not exploited; and
(5) evaluate means to provide housing incentives in the
alien's home country for returning workers.
SEC. 410. S VISAS.
(a) Expansion of S Visa Classification.--Section 101(a)(15)(S) (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'';
(B) in subclause (I), by inserting before the
semicolon, `, including a criminal enterprise
undertaken by a foreign government, its agents,
representatives, or officials';
(C) in subclause (III), by inserting ``where the
information concerns a criminal enterprise undertaken
by an individual or organization that is not a foreign
government, its agents, representatives, or
officials,'' before ``whose''; and
(D) 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) (8 U.S.C. 1184(k)(1))
is amended by striking ``The number of aliens'' and all that follows
through the period and inserting the following: ``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 1,000.''.
(c) Reports.--
(1) Content.--Paragraph (4) of section 214(k) (8 U.S.C.
1184(k)) is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``The Attorney General''
and inserting ``The Secretary of Homeland
Security''; and
(ii) by striking ``concerning--'' and
inserting ``that includes--'';
(B) in subparagraph (D), by striking ``and'';
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by inserting at the end the following:
``(F) in the event that the total number of such
nonimmigrants admitted is fewer than 25 percent of the total
number provided for under paragraph (1) of this subsection--
``(i) the reasons why the number of such
nonimmigrants admitted is fewer than 25 percent of that
provided for by law;
``(ii) the efforts made by the Secretary of
Homeland Security to admit such nonimmigrants; and
``(iii) any extenuating circumstances that
contributed to the admission of a number of such
nonimmigrants that is fewer than 25 percent of that
provided for by law.''.
(2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is
amended by adding at the end the following new paragraph:
``(5) To the extent required by law and if it is in the
interests of national security or the security of such
nonimmigrants that are admitted, as determined by the Secretary
of Homeland Security, the information contained in a report
described in paragraph (4) may be classified, and the Secretary
of Homeland Security shall, to the extent feasible, submit a
non-classified version of the report to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate.''.
SEC. 411. L VISA LIMITATIONS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case'' and
inserting ``Except as provided in subparagraph (H), in the
case''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for a
period not to exceed 12 months only if the employer operating
the new facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out
the proposed business activities; and
``(III) the financial ability to commence doing
business immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits to the
Secretary of Homeland Security--
``(I) evidence that the importing employer meets
the requirements of this subsection;
``(II) evidence that the beneficiary meets the
requirements of section 101(a)(15)(L);
``(III) a statement summarizing the original
petition;
``(IV) evidence that the importing employer has
fully complied with the business plan submitted under
clause (i);
``(V) evidence of the truthfulness of any
representations made in connection with the filing of
the original petition;
``(VI) evidence that the importing employer, during
the previous 12 months, has been doing business at the
new facility through regular, systematic, and
continuous provision of goods or services, or has
otherwise been taking commercially reasonable steps to
establish the new facility as a commercial enterprise;
``(VII) a statement of the duties the beneficiary
has performed at the new facility during the previous
12 months and the duties the beneficiary will perform
at the new facility during the extension period
approved under this clause;
``(VIII) a statement describing the staffing at the
new facility, including the number of employees and the
types of positions held by such employees;
``(IX) evidence of wages paid to employees if the
beneficiary will be employed in a managerial or
executive capacity;
``(X) evidence of the financial status of the new
facility; and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii) and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a subsequently filed petition on
behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly caused
by extraordinary circumstances beyond the control of the
importing employer.
``(H)(i) The Secretary of Homeland Security may not
authorize the spouse of an alien described under section
101(a)(15)(L), who is a dependent of a beneficiary under
subparagraph (G), to engage in employment in the United States
during the initial 9-month period described in subparagraph
(G)(i).
``(ii) A spouse described in clause (i) may be provided
employment authorization upon the approval of an extension
under subparagraph (G)(ii).
``(I) For purposes of determining the eligibility of an
alien for classification under Section 101(a)(15)(L) of this
Act, the Secretary of Homeland Security shall establish a
program to work cooperatively with the Department of State to
verify a company or facility's existence in the United States
and abroad.''.
SEC. 412. COMPLIANCE INVESTIGATORS.
The Secretary of Labor shall, subject to the availability of
appropriations for such purpose, annually increase, by not less than
2,000, the number of positions for compliance investigators dedicated
to enforcing compliance with this title, and the amendments made by
this title.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this subtitle and the amendments made
by this subtitle for the first fiscal year beginning before the date of
enactment of this Act and each of the subsequent fiscal years beginning
not more than 7 years after the effective date of the regulations
promulgated by the Secretary to implement this subtitle.
Subtitle B--Immigration Injunction Reform
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ``Fairness in Immigration
Litigation Act of 2006''.
SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.
(a) Requirements for an Order Granting Prospective Relief Against
the Government.--
(1) In general.--If a court determines that prospective
relief should be ordered against the Government in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall--
(A) limit the relief to the minimum necessary to
correct the violation of law;
(B) adopt the least intrusive means to correct the
violation of law;
(C) minimize, to the greatest extent practicable,
the adverse impact on national security, border
security, immigration administration and enforcement,
and public safety, and
(D) provide for the expiration of the relief on a
specific date, which is not later than the earliest
date necessary for the Government to remedy the
violation.
(2) Written explanation.--The requirements described in
subsection (1) shall be discussed and explained in writing in
the order granting prospective relief and must be sufficiently
detailed to allow review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief shall automatically expire on the
date that is 90 days after the date on which such relief is
entered, unless the court--
(A) makes the findings required under paragraph (1)
for the entry of permanent prospective relief; and
(B) makes the order final before expiration of such
90-day period.
(4) Requirements for order denying motion.--This subsection
shall apply to any order denying the Government's motion to
vacate, modify, dissolve or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States.
(b) Procedure for Motion Affecting Order Granting Prospective
Relief Against the Government.--
(1) In general.--A court shall promptly rule on the
Government's motion to vacate, modify, dissolve or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--The Government's motion to vacate,
modify, dissolve, or otherwise terminate an order
granting prospective relief made in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States shall
automatically, and without further order of the court,
stay the order granting prospective relief on the date
that is 15 days after the date on which such motion is
filed unless the court previously has granted or denied
the Government's motion.
(B) Duration of automatic stay.--An automatic stay
under subparagraph (A) shall continue until the court
enters an order granting or denying the Government's
motion.
(C) Postponement.--The court, for good cause, may
postpone an automatic stay under subparagraph (A) for
not longer than 15 days.
(D) Orders blocking automatic stays.--Any order
staying, suspending, delaying, or otherwise barring the
effective date of the automatic stay described in
subparagraph (A), other than an order to postpone the
effective date of the automatic stay for not longer
than 15 days under subparagraph (C), shall be--
(i) treated as an order refusing to vacate,
modify, dissolve or otherwise terminate an
injunction; and
(ii) immediately appealable under section
1292(a)(1) of title 28, United States Code.
(c) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court may not enter, approve, or continue a
consent decree that does not comply with subsection (a).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private settlement
agreement that does not comply with subsection (a) if the terms
of that agreement are not subject to court enforcement other
than reinstatement of the civil proceedings that the agreement
settled.
(d) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree''--
(A) means any relief entered by the court that is
based in whole or in part on the consent or
acquiescence of the parties; and
(B) does not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal agent
or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(e) Expedited Proceedings.--It shall be the duty of every court to
advance on the docket and to expedite the disposition of any civil
action or motion considered under this section.
SEC. 423. EFFECTIVE DATE.
(a) In General.--This subtitle shall apply with respect to all
orders granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of the United
States, whether such relief was ordered before, on, or after the date
of the enactment of this Act.
(b) Pending Motions.--Every motion to vacate, modify, dissolve or
otherwise terminate an order granting prospective relief in any such
action, which motion is pending on the date of the enactment of this
Act, shall be treated as if it had been filed on such date of
enactment.
(c) Automatic Stay for Pending Motions.--
(1) In general.--An automatic stay with respect to the
prospective relief that is the subject of a motion described in
subsection (b) shall take effect without further order of the
court on the date which is 10 days after the date of the
enactment of this Act if the motion--
(A) was pending for 45 days as of the date of the
enactment of this Act; and
(B) is still pending on the date which is 10 days
after such date of enactment.
(2) Duration of automatic stay.--An automatic stay that
takes effect under paragraph (1) shall continue until the court
enters an order granting or denying the Government's motion
under section 422(b). There shall be no further postponement of
the automatic stay with respect to any such pending motion
under section 422(b)(2). Any order, staying, suspending,
delaying or otherwise barring the effective date of this
automatic stay with respect to pending motions described in
subsection (b) shall be an order blocking an automatic stay
subject to immediate appeal under section 422(b)(2)(D).
TITLE V--BACKLOG REDUCTION
SEC. 501. ELIMINATION OF EXISTING BACKLOGS.
(a) Family-Sponsored Immigrants.--Section 201(c) (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;
``(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 fiscal years; and
``(B) the number of visas calculated under
subparagraph (A) that were issued after fiscal year
2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d))
is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--Subject to paragraph (2), the worldwide
level of employment-based immigrants under this subsection for
a fiscal year is equal to the sum of--
``(A)(i) 450,000, for each of the fiscal years 2007
through 2016; or
``(ii) 290,000, for fiscal year 2017 and each
subsequent fiscal year;
``(B) 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
``(C) the difference between--
``(i) 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 fiscal years; and
``(ii) the number of visas calculated under
clause (i) that were issued after fiscal year
2005.
``(2) Visas for spouses and children.--Immigrant visas
issued on or after October 1, 2004, to spouses and children of
employment-based immigrants shall not be counted against the
numerical limitation set forth in paragraph (1).''.
SEC. 502. COUNTRY LIMITS.
Section 202(a) (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. 503. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family-Sponsored Immigrants.--Section
203(a) (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 the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the class
specified in paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--
``(A) In general.--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 who
are--
``(i) the spouses or children of an alien
lawfully admitted for permanent residence; or
``(ii) the unmarried sons or daughters of
an alien lawfully admitted for permanent
residence.
``(B) Minimum percentage.--Visas allocated to
individuals described in subparagraph (A)(i) shall
constitute not less than 77 percent of the visas
allocated under this paragraph.
``(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 the sum of--
``(A) 10 percent of such worldwide level; and
``(B) 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 a citizen of the
United States who is at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level.''.
(b) Preference Allocation for Employment-Based Immigrants.--Section
203(b) (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``15 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``15 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.--
``(A) In general.--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.
``(B) Priority in allocating visas.--In allocating
visas under subparagraph (A) for each of the fiscal
years 2007 through 2017, the Secretary shall reserve 30
percent of such visas for qualified immigrants who were
physically present in the United States before January
7, 2004.''; and
(8) by striking paragraph (6).
(c) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
(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 (Public Law 105-100; 8 U.S.C. 1153 note) is
repealed.
SEC. 504. RELIEF FOR MINOR CHILDREN.
(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended
to read as follows:
``(2)(A)(i) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa under section 203(a) to
their accompanying parent who is an immediate relative.
``(ii) In this subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen of the United
States (and each child of such child, spouse, or parent who is
accompanying or following to join the child, spouse, or
parent), except that, in the case of parents, such citizens
shall be at least 21 years of age.
``(iii) An alien who was the spouse of a citizen of the
United States for not less than 2 years at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, and each child of such
alien, shall be considered, for purposes of this subsection, to
remain an immediate relative after the date of the citizen's
death if the spouse files a petition under section
204(a)(1)(A)(ii) before the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse remarries.
``(iv) In this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) remains an
immediate relative if the United States citizen spouse or
parent loses United States citizenship on account of the abuse.
``(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154
(a)(1)(A)(ii)) is amended by striking ``in the second sentence of
section 201(b)(2)(A)(i) also'' and inserting ``in section
201(b)(2)(A)(iii) or an alien child or alien parent described in the
201(b)(2)(A)(iv)''.
SEC. 505. SHORTAGE OCCUPATIONS.
(a) Exception to Direct Numerical Limitations.--Section 201(b)(1)
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following new
subparagraph:
``(F)(i) During the period beginning on the date of
the enactment the Comprehensive Immigration Reform Act
of 2006 and ending on September 30, 2017, an alien--
``(I) who is otherwise described in section
203(b); and
``(II) who is seeking admission to the
United States to perform labor in shortage
occupations designated by the Secretary of
Labor for blanket certification under section
212(a)(5)(A) due to the lack of sufficient
United States workers able, willing, qualified,
and available for such occupations and for
which the employment of aliens will not
adversely affect the terms and conditions of
similarly employed United States workers.
``(ii) During the period described in clause (i),
the spouse or dependents of an alien described in
clause (i), if accompanying or following to join such
alien.''.
(b) Exception to Nondiscrimination Requirements.--Section
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)''.
(c) Exception to Per Country Levels for Family-Sponsored and
Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)),
as amended by section 502(1), is further amended by inserting ``,
except for aliens described in section 201(b),'' after ``any fiscal
year''.
(d) Increasing the Domestic Supply of Nurses and Physical
Therapists.--Not later than January 1, 2007, the Secretary of Health
and Human Services shall--
(1) submit to Congress a report on the source of newly
licensed nurses and physical therapists in each State, which
report shall--
(A) include the past 3 years for which data are
available;
(B) provide separate data for each occupation and
for each State;
(C) separately identify those receiving their
initial license and those licensed by endorsement from
another State;
(D) within those receiving their initial license in
each year, identify the number who received their
professional education in the United States and those
who received such education outside the United States;
and
(E) to the extent possible, identify, by State of
residence and country of education, the number of
nurses and physical therapists who were educated in any
of the 5 countries (other than the United States) from
which the most nurses and physical therapists arrived;
(F) identify the barriers to increasing the supply
of nursing faculty, domestically trained nurses, and
domestically trained physical therapists;
(G) recommend strategies to be followed by Federal
and State governments that would be effective in
removing such barriers, including strategies that
address barriers to advancement to become registered
nurses for other health care workers, such as home
health aides and nurses assistants;
(H) recommend amendments to Federal legislation
that would increase the supply of nursing faculty,
domestically trained nurses, and domestically trained
physical therapists;
(I) recommend Federal grants, loans, and other
incentives that would provide increases in nurse
educators, nurse training facilities, and other steps
to increase the domestic education of new nurses and
physical therapists;
(J) identify the effects of nurse emigration on the
health care systems in their countries of origin; and
(K) recommend amendments to Federal law that would
minimize the effects of health care shortages in the
countries of origin from which immigrant nurses
arrived;
(2) enter into a contract with the National Academy of
Sciences Institute of Medicine to determine the level of
Federal investment under titles VII and VIII of the Public
Health Service Act necessary to eliminate the domestic nursing
and physical therapist shortage not later than 7 years from the
date on which the report is published; and
(3) collaborate with other agencies, as appropriate, in
working with ministers of health or other appropriate officials
of the 5 countries from which the most nurses and physical
therapists arrived, to--
(A) address health worker shortages caused by
emigration;
(B) ensure that there is sufficient human resource
planning or other technical assistance needed to reduce
further health worker shortages in such countries.
SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.
(a) Short Title.--This section may be cited as the ``Widows and
Orphans Act of 2006''.
(b) New Special Immigrant Category.--
(1) Certain children and women at risk of harm.--Section
101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L), by inserting a semicolon
at the end;
(B) in subparagraph (M), by striking the period at
the end and inserting ``; or''; and
(C) 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.''.
(2) Statutory construction.--Section 101 (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).''.
(3) 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 paragraph
(1))--
(A) special immigrant status shall be adjudicated;
and
(B) if special immigrant status is granted, the
alien shall be paroled to the United States pursuant to
section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and
allowed to apply for adjustment of status to permanent
residence under section 245 of that Act (8 U.S.C. 1255)
within 1 year after the alien's arrival in the United
States.
(4) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit a
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--
(A) data related to the implementation of this
section and the amendments made by this section;
(B) 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 paragraph
(1); and
(C) any other information that the Secretary
considers appropriate.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(c) Requirements for Aliens.--
(1) Requirement prior to entry into the untied states.--
(A) Database search.--An alien may not be admitted
to the United States unless the Secretary 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.
(B) Cooperation and schedule.--The Secretary and
the head of each appropriate agency or department of
the United States shall work cooperatively to ensure
that each database search required by subparagraph (A)
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
(b)(1).
(2) Requirement after entry into the united states.--
(A) Requirement to submit fingerprints.--
(i) In general.--Not later than 30 days
after the date that an alien enters the United
States, the alien shall be fingerprinted and
submit to the Secretary such fingerprints and
any other personal biometric data required by
the Secretary.
(ii) Other requirements.--The Secretary 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 of clause
(i).
(B) Database search.--The Secretary 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.
(C) Cooperation and schedule.--The Secretary and
the head of each appropriate agency or department of
the United States shall work cooperatively to ensure
that each database search required by subparagraph (B)
is completed not later than 180 days after the date on
which the alien enters the United States.
(D) Administrative and judicial review.--
(i) In general.--There may be no review of
a determination by the Secretary, after a
search required by subparagraph (B), that an
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 except
as provided in this subparagraph.
(ii) Administrative review.--An alien may
appeal a determination described in clause (i)
through the Administrative Appeals Office of
the Bureau of Citizenship and Immigration
Services. The Secretary shall ensure that a
determination on such appeal is made not later
than 60 days after the date that the appeal is
filed.
(iii) Judicial review.--There may be no
judicial review of a determination described in
clause (i).
SEC. 507. STUDENT VISAS.
(a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is
amended--
(1) in clause (i)--
(A) by striking ``he has no intention of
abandoning, who is'' and inserting the following:
``except in the case of an alien described in clause
(iv), the alien has no intention of abandoning, who
is--
``(I)'';
(B) by striking ``consistent with section 214(l)''
and inserting ``(except for a graduate program
described in clause (iv)) consistent with section
214(m)'';
(C) by striking the comma at the end and inserting
the following: ``; or
``(II) engaged in temporary employment for optional
practical training related to the alien's area of
study, which practical training shall be authorized for
a period or periods of up to 24 months;'';
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)'';
and
(B) by striking ``, and'' and inserting a
semicolon;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) an alien described in clause (i) who
has been accepted and plans to attend an
accredited graduate program in mathematics,
engineering, technology, or the sciences in the
United States for the purpose of obtaining an
advanced degree.''.
(b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b))
is amended by striking ``subparagraph (L) or (V)'' and inserting
``subparagraph (F)(iv), (L), or (V)''.
(c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C. 1184(m))
is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School
Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under section 101(a)(15)(F)(iv)
shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program; and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(d) Off Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an
off-campus position unrelated to the alien's field of study
if--
(A) the alien has enrolled full time at the
educational institution and is maintaining good
academic standing;
(B) the employer provides the educational
institution and the Secretary of Labor with an
attestation that the employer--
(i) has spent at least 21 days recruiting
United States citizens to fill the position;
and
(ii) will pay the alien and other similarly
situated workers at a rate equal to not less
than the greater of--
(I) the actual wage level for the
occupation at the place of employment;
or
(II) the prevailing wage level for
the occupation in the area of
employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic
term; or
(ii) 40 hours per week during vacation
periods and between academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice and
opportunity for a hearing, shall be disqualified from employing
an alien student under paragraph (1).
(e) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is
amended to read as follows:
``(a) Authorization.--
``(1) In general.--The status of an alien, who was
inspected and admitted or paroled into the United States, or
who has an approved petition for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1), may be adjusted by the Secretary of Homeland
Security or the Attorney General, under such regulations as the
Secretary or the Attorney General may prescribe, to that of an
alien lawfully admitted for permanent residence if--
``(A) the alien makes an application for such
adjustment;
``(B) the alien is eligible to receive an immigrant
visa;
``(C) the alien is admissible to the United States
for permanent residence; and
``(D) an immigrant visa is immediately available to
the alien at the time the application is filed.
``(2) Student visas.--Notwithstanding the requirement under
paragraph (1)(D), an alien may file an application for
adjustment of status under this section if--
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under section
101(a)(15)(F)(iv), or would have qualified for such
nonimmigrant status if section 101(a)(15)(F)(iv) had
been enacted before such alien's graduation;
``(B) the alien has earned an advanced degree in
the sciences, technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition
filed under subparagraph (E) or (F) of section
204(a)(1); and
``(D) a fee of $2,000 is remitted to the Secretary
on behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an immigrant
visa number becomes available.''.
(f) Use of Fees.--
(1) Job training; scholarships.--Section 286(s)(1) (8
U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of
the fees collected under section 245(a)(2)(D)'' before the
period at the end.
(2) Fraud prevention and detection.--Section 286(v)(1) (8
U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of
the fees collected under section 245(a)(2)(D)'' before the
period at the end.
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical
Limitations on Employment Based Immigrants.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by section 505, is amended by adding at the end the
following:
``(G) Aliens who have earned an advanced degree in
science, technology, engineering, or math and have been
working in a related field in the United States under a
nonimmigrant visa during the 3-year period preceding
their application for an immigrant visa under section
203(b).
``(H) Aliens described in subparagraph (A) or (B)
of section 203(b)(1)(A) or who have received a national
interest waiver under section 203(b)(2)(B).
``(I) The spouse and minor children of an alien who
is admitted as an employment-based immigrant under
section 203(b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this
Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C.
1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(III) has an advanced degree in
the sciences, technology, engineering,
or mathematics from an accredited
university in the United States and is
employed in a field related to such
degree.''.
(c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year
1992)''; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each
succeeding fiscal year; or'' and inserting
``each of fiscal years 2004, 2005, and 2006;'';
and
(ii) by adding after clause (vii) the
following:
``(viii) 115,000 in the first fiscal year
beginning after the date of the enactment of
this clause; and
``(ix) the number calculated under
paragraph (9) in each fiscal year after the
year described in clause (viii); or'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(D) has earned an advanced degree in science,
technology, engineering, or math.'';
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to 120 percent of
the numerical limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year,
the numerical limitation under paragraph (1)(A)(ix) for
the subsequent fiscal year shall be equal to the
numerical limitation of the given fiscal year.''.
(d) Applicability.--The amendment made by subsection (c)(2) shall
apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
INDIVIDUALS
Subtitle A--Access to Earned Adjustment and Mandatory Departure and
Reentry
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND
REENTRY.
(a) Short Title.--This section may be cited as the ``Immigrant
Accountability Act of 2006''.
(b) Adjustment of Status.--
(1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245A the following:
``SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
``(a) Adjustment of Status.--
``(1) Principal aliens.--Notwithstanding any other
provision of law, including section 244(h) of this Act, the
Secretary of Homeland Security shall adjust to the status of an
alien lawfully admitted for permanent residence, an alien who
satisfies the following requirements:
``(A) Application.--The alien shall file an
application establishing eligibility for adjustment of
status and pay the fine required under subsection (m)
and any additional amounts owed under that subsection.
``(B) Continuous physical presence.--
``(i) In general.--The alien shall
establish that the alien--
``(I) was physically present in the
United States on or before the date
that is 5 years before April 5, 2006;
``(II) was not legally present in
the United States on April 5, 2006,
under any classification set forth in
section 101(a)(15); and
``(III) did not depart from the
United States during the 5-year period
ending on April 5, 2006, except for
brief, casual, and innocent departures.
``(ii) Legally present.--For purposes of
this subparagraph, an alien who has violated
any conditions of his or her visa shall be
considered not to be legally present in the
United States.
``(C) Admissible under immigration laws.--The alien
shall establish that the alien is not inadmissible
under section 212(a) except for any provision of that
section that is waived under subsection (b) of this
section.
``(D) Employment in united states.--
``(i) In general.--The alien shall have
been employed in the United States, in the
aggregate, for--
``(I) at least 3 years during the
5-year period ending on April 5, 2006;
and
``(II) at least 6 years after the
date of enactment of the Immigrant
Accountability Act of 2006.
``(ii) Exceptions.--
``(I) The employment requirement in
clause (i)(I) shall not apply to an
individual who is under 20 years of age
on the date of enactment of the
Immigrant Accountability Act of 2006.
``(II) The employment requirement
in clause (i)(II) shall be reduced for
an individual who cannot demonstrate
employment based on a physical or
mental disability or as a result of
pregnancy.
``(III) The employment requirement
in clause (i)(II) shall be reduced for
an individual who is under 20 years of
age on the date of enactment of the
Immigrant Accountability Act of 2006 by
a period of time equal to the time
period beginning on such date of
enactment and ending on the date on
which the individual reaches 20 years
of age.
``(IV) The employment requirements
in clause (i) shall be reduced by 1
year for each year of full time post-
secondary study in the United States
during the relevant period.
``(iii) Portability.--An alien shall not be
required to complete the employment
requirements in clause (i) with the same
employer.
``(iv) Evidence of employment.--
``(I) Conclusive documents.--For
purposes of satisfying the requirements
in clause (i), the alien shall submit
at least 2 of the following documents
for each period of employment, which
shall be considered conclusive evidence
of such employment:
``(aa) Records maintained
by the Social Security
Administration.
``(bb) Records maintained
by an employer, such as pay
stubs, time sheets, or
employment work verification.
``(cc) Records maintained
by the Internal Revenue
Service.
``(dd) Records maintained
by a union or day labor center.
``(ee) Records maintained
by any other government agency,
such as worker compensation
records, disability records, or
business licensing records.
``(II) Other documents.--Aliens
unable to submit documents described in
subclause (I) shall submit at least 3
other types of reliable documents,
including sworn declarations, for each
period of employment to satisfy the
requirement in clause (i).
``(III) Intent of congress.--It is
the intent of Congress that the
requirement in clause (i) 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.
``(v) Burden of proof.--An alien applying
for adjustment of status under this subsection
has the burden of proving by a preponderance of
the evidence that the alien has satisfied the
employment requirements in clause (i). An alien
may satisfy such burden of proof by producing
sufficient evidence to show the extent of that
employment as a matter of just and reasonable
inference. Once the burden is met, the burden
shall shift to the Secretary of Homeland
Security to disprove the alien's evidence with
a showing which negates the reasonableness of
the inference to be drawn from the evidence.
``(E) Payment of income taxes.--Not later than the
date on which status is adjusted under this subsection,
the alien shall establish the payment of all Federal
and State income taxes owed for employment during the
period of employment required under subparagraph
(D)(i). The alien may satisfy such requirement by
establishing that--
``(i) no such tax liability exists;
``(ii) all outstanding liabilities have
been met; or
``(iii) the alien has entered into an
agreement for payment of all outstanding
liabilities with the Internal Revenue Service
and with the department of revenue of each
State to which taxes are owed.
``(F) Basic citizenship skills.--
``(i) In general.--Except as provided in
clause (ii), the alien shall demonstrate that
the alien either--
``(I) meets the requirements of
section 312(a) (relating to minimal
understanding of ordinary English and a
knowledge and understanding of the
history and Government of the United
States); or
``(II) is satisfactorily pursuing a
course of study, recognized by the
Secretary of Homeland Security, to
achieve such understanding of English
and the history and Government of the
United States.
``(ii) Exceptions.--
``(I) Mandatory.--The requirements
of clause (i) shall not apply to any
person who is unable to comply with
those requirements because of a
physical or developmental disability or
mental impairment.
``(II) Discretionary.--The
Secretary of Homeland Security may
waive all or part of the requirements
of clause (i) in the case of an alien
who is 65 years of age or older as of
the date of the filing of the
application for adjustment of status.
``(G) Security and law enforcement clearances.--The
alien shall submit fingerprints in accordance with
procedures established by the Secretary of Homeland
Security. Such fingerprints shall be submitted to
relevant Federal agencies to be checked against
existing databases for information relating to
criminal, national security, or other law enforcement
actions that would render the alien ineligible for
adjustment of status under this subsection. The
relevant Federal agencies shall work to ensure that
such clearances are completed within 90 days of the
submission of fingerprints. An appeal of a security
clearance determination by the Secretary of Homeland
Security shall be processed through the Department of
Homeland Security.
``(H) 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.
``(I) Adjustment of status.--An alien may not
adjust to an immigrant classification under this
section until after the earlier of--
``(i) the consideration of all applications
filed under section 201, 202, or 203 before the
date of enactment of this section; or
``(ii) 8 years after the date of enactment
of this section.
``(2) Spouses and children.--
``(A) In general.--
``(i) Adjustment of status.--
Notwithstanding any other provision of law, the
Secretary of Homeland Security shall, if
otherwise eligible under subparagraph (B),
adjust the status to that of a lawful permanent
resident for--
``(I) the spouse, or child who was
under 21 years of age on the date of
enactment of the Immigrant
Accountability Act of 2006, of an alien
who adjusts status or is eligible to
adjust status to that of a permanent
resident under paragraph (1); or
``(II) an alien who, within 5 years
preceding the date of enactment of the
Immigrant Accountability Act of 2006,
was the spouse or child of an alien who
adjusts status to that of a permanent
resident under paragraph (1), if--
``(aa) the termination of
the qualifying relationship was
connected to domestic violence;
or
``(bb) the spouse or child
has been battered or subjected
to extreme cruelty by the
spouse or parent who adjusts
status or is eligible to adjust
status to that of a permanent
resident under paragraph (1).
``(ii) Application of other law.--In acting
on applications filed under this paragraph 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).
``(B) Grounds of inadmissibility not applicable.--
In establishing admissibility to the United States, the
spouse or child described in subparagraph (A) shall
establish that they are not inadmissible under section
212(a), except for any provision of that section that
is waived under subsection (b) of this section.
``(C) Security and law enforcement clearance.--The
spouse or child, if that child is 14 years of age or
older, described in subparagraph (A) shall submit
fingerprints in accordance with procedures established
by the Secretary of Homeland Security. Such
fingerprints shall be submitted to relevant Federal
agencies to be checked against existing databases for
information relating to criminal, national security, or
other law enforcement actions that would render the
alien ineligible for adjustment of status under this
subsection. The relevant Federal agencies shall work to
ensure that such clearances are completed within 90
days of the submission of fingerprints. An appeal of a
denial by the Secretary of Homeland Security shall be
processed through the Department of Homeland Security.
``(3) Nonapplicability of numerical limitations.--When an
alien is granted lawful permanent resident status under this
subsection, the number of immigrant visas authorized to be
issued under any provision of this Act shall not be reduced.
``(b) Grounds of Inadmissibility.--
``(1) Applicable provisions.--In the determination of an
alien's admissibility under paragraphs (1)(C) and (2) of
subsection (a), the following provisions of section 212(a)
shall apply and may not be waived by the Secretary of Homeland
Security under paragraph (3)(A):
``(A) Paragraph (1) (relating to health).
``(B) Paragraph (2) (relating to criminals).
``(C) Paragraph (3) (relating to security and
related grounds).
``(D) Subparagraphs (A) and (C) of paragraph (10)
(relating to polygamists and child abductors).
``(2) Grounds of inadmissibility not applicable.--The
provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F),
(6)(G), (7), (9), and (10)(B) of section 212(a) shall not apply
to an alien who is applying for adjustment of status under
subsection (a).
``(3) Waiver of other grounds.--
``(A) In general.--Except as provided in paragraph
(1), the Secretary of Homeland Security may waive any
provision of section 212(a) in the case of individual
aliens for humanitarian purposes, to ensure family
unity, or when it is otherwise in the public interest.
``(B) Construction.--Nothing in this paragraph
shall be construed as affecting the authority of the
Secretary of Homeland Security, other than under this
subparagraph, to waive the provisions of section
212(a).
``(4) Special rule for determination of public charge.--An
alien is not ineligible for adjustment of status under
subsection (a) by reason of a ground of inadmissibility under
section 212(a)(4) if the alien establishes a history of
employment in the United States evidencing self-support without
public cash assistance.
``(5) Special rule for individuals where there is no
commercial purpose.--An alien is not ineligible for adjustment
of status under subsection (a) by reason of a ground of
inadmissibility under section 212(a)(6)(E) if the alien
establishes that the action referred to in that section was
taken for humanitarian purposes, to ensure family unity, or was
otherwise in the public interest.
``(6) Applicability of other provisions.--Section 241(a)(5)
and section 240B(d) shall not apply with respect to an alien
who is applying for adjustment of status under subsection (a).
``(c) Treatment of Applicants.--
``(1) In general.--An alien who files an application under
subsection (a)(1)(A) for adjustment of status, including a
spouse or child who files for adjustment of status under
subsection (b)--
``(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
pursuant to regulation pending final adjudication of
the alien's application for adjustment of status;
``(C) shall not be detained, determined
inadmissible or deportable, or removed pending final
adjudication of the alien's application for adjustment
of status, unless the alien commits an act which
renders the alien ineligible for such adjustment of
status; and
``(D) shall not be considered an unauthorized alien
as defined in section 274A(h)(3) until such time as
employment authorization under subparagraph (A) is
denied.
``(2) Document of authorization.--The Secretary of Homeland
Security shall provide each alien described in paragraph (1)
with a counterfeit-resistant document of authorization that--
``(A) meets all current requirements established by
the Secretary of Homeland Security for travel
documents, including the requirements under section 403
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note); and
``(B) reflects the benefits and status set forth in
paragraph (1).
``(3) Security and law enforcement clearance.--Before an
alien is granted employment authorization or permission to
travel under paragraph (1), the alien shall be required to
undergo a name check against existing databases for information
relating to criminal, national security, or other law
enforcement actions. The relevant Federal agencies shall work
to ensure that such name checks are completed not later than 90
days after the date on which the name check is requested.
``(4) Termination of proceedings.--An alien in removal
proceedings who establishes prima facie eligibility for
adjustment of status under subsection (a) shall be entitled to
termination of the proceedings pending the outcome of the
alien's application, unless the removal proceedings are based
on criminal or national security grounds.
``(d) Apprehension Before Application Period.--The Secretary of
Homeland Security shall provide that in the case of an alien who is
apprehended before the beginning of the application period described in
subsection (a) and who can establish prima facie eligibility to have
the alien's status adjusted under that subsection (but for the fact
that the alien may not apply for such adjustment until the beginning of
such period), until the alien has had the opportunity during the first
180 days of the application period to complete the filing of an
application for adjustment, the alien may not be removed from the
United States unless the alien is removed on the basis that the alien
has engaged in criminal conduct or is a threat to the national security
of the United States.
``(e) Confidentiality of Information.--
``(1) In general.--Except as otherwise provided in this
section, no Federal agency or bureau, nor any officer or
employee of such agency or bureau, may--
``(A) use the information furnished by the
applicant pursuant to an application filed under
paragraph (1) or (2) of subsection (a) 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, bureau, or approved
entity, as approved by the Secretary of Homeland
Security, to examine individual applications that have
been filed.
``(2) Required disclosures.--The Secretary of Homeland
Security and the Secretary of State shall provide the
information furnished pursuant to an application filed under
paragraph (1) or (2) of subsection (a), 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.
``(f) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--
``(A) Violation.--It shall be unlawful for any
person to--
``(i) file or assist in filing an
application for adjustment of status under this
section and knowingly and willfully falsify,
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) 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, or 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.
``(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, shall not
have violated this subsection.
``(g) Ineligibility for Public Benefits.--For purposes of section
403 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted in
accordance with subsection (a) shall not be eligible for any Federal
means-tested public benefit unless the alien meets the alien
eligibility criteria for such benefit under title IV of such Act (8
U.S.C. 1601 et seq.).
``(h) Relationships of Application to Certain Orders.--
``(1) In general.--An alien who is present in the United
States and has been ordered excluded, deported, removed, or to
depart voluntarily from the United States or is subject to
reinstatement of removal under any provision of this Act may,
notwithstanding such order, apply for adjustment of status
under subsection (a). Such an alien shall not be required, as a
condition of submitting or granting such application, 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
order shall be canceled. If the Secretary of Homeland Security
renders a final administrative decision to deny the
application, such order shall be effective and enforceable.
Nothing in this paragraph shall affect the review or stay of
removal under subsection (j).
``(2) Stay of removal.--The filing of an application
described in paragraph (1) shall stay the removal or detainment
of the alien pending final adjudication of the application,
unless the removal or detainment of the alien is based on
criminal or national security grounds.
``(i) Application of Other Provisions.--Nothing in this section
shall preclude an alien who may be eligible to be granted adjustment of
status under subsection (a) from seeking such status under any other
provision of law for which the alien may be eligible.
``(j) Administrative and Judicial Review.--
``(1) In general.--Except as provided in this subsection,
there shall be no administrative or judicial review of a
determination respecting an application for adjustment of
status under subsection (a).
``(2) Administrative review.--
``(A) Single level of administrative appellate
review.--The Secretary of Homeland Security shall
establish an appellate authority to provide for a
single level of administrative appellate review of a
determination respecting an application for adjustment
of status under subsection (a).
``(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.
``(3) Judicial review.--
``(A) Direct review.--A person whose application
for adjustment of status under subsection (a) is denied
after administrative appellate review under paragraph
(2) may seek review of such denial, in accordance with
chapter 7 of title 5, United States Code, before the
United States district court for the district in which
the person resides.
``(B) Review after removal proceedings.--There
shall be judicial review in the Federal courts of
appeal of the denial of an application for adjustment
of status under subsection (a) in conjunction with
judicial review of an order of removal, deportation, or
exclusion, but only if the validity of the denial has
not been upheld in a prior judicial proceeding under
subparagraph (A). Notwithstanding any other provision
of law, the standard for review of such a denial shall
be governed by subparagraph (C).
``(C) 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.
``(4) 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, unless such
removal is based on criminal or national security grounds.
``(k) Dissemination of Information on Adjustment Program.--During
the 12 months following the issuance of final regulations in accordance
with subsection (o), the Secretary of Homeland Security, in cooperation
with approved entities, approved by the Secretary of Homeland Security,
shall broadly disseminate information respecting adjustment of status
under this section and the requirements to be satisfied to obtain such
status. The Secretary of Homeland Security shall also disseminate
information to employers and labor unions to advise them of the rights
and protections available to them and to workers who file applications
under this section. Such information shall be broadly disseminated, in
the languages spoken by the top 15 source countries of the aliens who
would qualify for adjustment of status under this section, including to
television, radio, and print media such aliens would have access to.
``(l) Employer Protections.--
``(1) Immigration status of alien.--Employers of aliens
applying for adjustment of status under this section shall not
be subject to civil and criminal tax liability relating
directly to the employment of such alien.
``(2) 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 this section or any other
application or petition pursuant to other provisions of the
immigration laws, shall not be subject to civil and criminal
liability pursuant to section 274A for employing such
unauthorized aliens.
``(3) Applicability of other law.--Nothing in this
subsection shall be used to shield an employer from liability
pursuant to section 274B or any other labor and employment law
provisions.
``(m) Authorization of Funds; Fines.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Department of Homeland
Security such sums as are necessary to commence the processing
of applications filed under this section.
``(2) Fine.--An alien who files an application under this
section shall pay a fine commensurate with levels charged by
the Department of Homeland Security for other applications for
adjustment of status.
``(3) Additional amounts owed.--Prior to the adjudication
of an application for adjustment of status filed under this
section, the alien shall pay an amount equaling $2,000, but
such amount shall not be required from an alien under the age
of 18.
``(4) Use of amounts collected.--The Secretary of Homeland
Security shall deposit payments received under this subsection
in the Immigration Examinations Fee Account, and these payments
in such account shall be available, without fiscal year
limitation, such that--
``(A) 80 percent of such funds shall be available
to the Department of Homeland Security for border
security purposes;
``(B) 10 percent of such funds shall be available
to the Department of Homeland Security for implementing
and processing applications under this section; and
``(C) 10 percent of such funds shall be available
to the Department of Homeland Security and the
Department of State to cover administrative and other
expenses incurred in connection with the review of
applications filed by immediate relatives of aliens
applying for adjustment of status under this section.
``(n) Mandatory Departure and Reentry.--Any alien who was
physically present in the United States on January 7, 2004, who seeks
to adjust status under this section, but does not satisfy the
requirements of subparagraph (B) or (D) of subsection (a)(1), shall be
eligible to depart the United States and to seek admission as a
nonimmigrant or an immigrant alien described in section 245C.
``(o) Issuance of Regulations.--Not later than 120 days after the
date of enactment of the Immigrant Accountability Act of 2006, the
Secretary of Homeland Security shall issue regulations to implement
this section.''.
(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended by inserting after the item relating
to section 245A the following:
``245B. Access to Earned Adjustment.''.
(c) Mandatory Departure and Reentry.--
(1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.), as amended by subsection (b)(1), is further amended by
inserting after section 245B the following: ``
``SEC. 245C. MANDATORY DEPARTURE AND REENTRY.
``(a) In General.--The Secretary of Homeland Security may grant
Deferred Mandatory Departure status to aliens who are in the United
States illegally to allow such aliens time to depart the United States
and to seek admission as a nonimmigrant or immigrant alien.
``(b) Requirements.--An alien desiring an adjustment of status
under subsection (a) shall meet the following requirements:
``(1) Presence.--The alien shall establish that the alien--
``(A) was physically present in the United States
on January 7, 2004;
``(B) has been continuously in the United States
since such date, except for brief, casual, and innocent
departures; and
``(C) was not legally present in the United States
on that date under any classification set forth in
section 101(a)(15).
``(2) Employment.--
``(A) In general.--The alien shall establish that
the alien--
``(i) was employed in the United States,
whether full time, part time, seasonally, or
self-employed, before January 7, 2004; and
``(ii) has been continuously employed in
the United States since that date, except for
brief periods of unemployment lasting not
longer than 60 days.
``(B) Evidence of employment.--
``(i) In general.--An alien may
conclusively establish employment status in
compliance with subparagraph (A) 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.
``(ii) Other documents.--An alien who is
unable to submit a document described in
subclauses (I) through (III) of clause (i) may
satisfy the requirement in subparagraph (A) 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.
``(iii) 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.
``(iv) Burden of proof.--An alien 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.
``(3) Admissibility.--
``(A) In general.--The alien shall establish that
such alien--
``(i) is admissible to the United States,
except as provided as in (B); and
``(ii) has not assisted in the persecution
of any person or persons on account of race,
religion, nationality, membership in a
particular social group, or political opinion.
``(B) Grounds not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9)(B) of section
212(a) shall not apply.
``(C) Waiver.--The Secretary of Homeland Security
may waive any other provision of section 212(a), or a
ground of ineligibility under paragraph (4), in the
case of individual aliens for humanitarian purposes, to
assure family unity, or when it is otherwise in the
public interest.
``(4) Ineligible.--The alien is ineligible for Deferred
Mandatory Departure status if the alien--
``(A) has been ordered excluded, deported, removed,
or to depart voluntarily from the United States; or
``(B) fails to comply with any request for
information by the Secretary of Homeland Security.
``(5) Medical examination.--The alien may be required, at
the alien's expense, to undergo such a medical examination
(including a determination of immunization status) as is
appropriate and conforms to generally accepted professional
standards of medical practice.
``(6) Termination.--The Secretary of Homeland Security may
terminate an alien's Deferred Mandatory Departure status if--
``(A) the Secretary of Homeland Security determines
that the alien was not in fact eligible for such
status; or
``(B) the alien commits an act that makes the alien
removable from the United States.
``(7) Application content and waiver.--
``(A) Application form.--The Secretary of Homeland
Security shall create an application form that an alien
shall be required to complete as a condition of
obtaining Deferred Mandatory Departure status.
``(B) Content.--In addition to any other
information that the Secretary requires to determine an
alien's eligibility for Deferred Mandatory Departure,
the Secretary shall require an alien to answer
questions concerning the alien's physical and mental
health, criminal history, gang membership, renunciation
of gang affiliation, immigration history, involvement
with groups or individuals that have engaged in
terrorism, genocide, persecution, or who seek the
overthrow of the United States Government, voter
registration history, claims to United States
citizenship, and tax history.
``(C) Waiver.--The Secretary of Homeland Security
shall require an alien to include with the application
a waiver of rights that explains to the alien that, in
exchange for the discretionary benefit of obtaining
Deferred Mandatory Departure status, the alien agrees
to waive any right to administrative or judicial review
or appeal of an immigration officer's determination as
to the alien's eligibility, or to contest any removal
action, other than on the basis of an application for
asylum or restriction of removal pursuant to the
provisions contained in section 208 or 241(b)(3), or
under the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984, or cancellation of removal
pursuant to section 240A(a).
``(D) Knowledge.--The Secretary of Homeland
Security shall require an alien to include with the
application a signed certification in which the alien
certifies that the alien has read and understood all of
the questions and statements on the application form,
and that the alien certifies under penalty of perjury
under the laws of the United States that the
application, and any evidence submitted with it, are
all true and correct, and that the applicant authorizes
the release of any information contained in the
application and any attached evidence for law
enforcement purposes.
``(c) Implementation and Application Time Periods.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that the application process is secure and incorporates
antifraud protection. The Secretary of Homeland Security shall
interview an alien to determine eligibility for Deferred
Mandatory Departure status and shall utilize biometric
authentication at time of document issuance.
``(2) Initial receipt of applications.--The Secretary of
Homeland Security shall begin accepting applications for
Deferred Mandatory Departure status not later than 3 months
after the date on which the application form is first made
available.
``(3) Application.--An alien must submit an initial
application for Deferred Mandatory Departure status not later
than 6 months after the date on which the application form is
first made available. An alien that fails to comply with this
requirement is ineligible for Deferred Mandatory Departure
status.
``(4) Completion of processing.--The Secretary of Homeland
Security shall ensure that all applications for Deferred
Mandatory Departure status are processed not later than 12
months after the date on which the application form is first
made available.
``(d) Security and Law Enforcement Background Checks.--An alien may
not be granted Deferred Mandatory Departure status unless the alien
submits biometric data in accordance with procedures established by the
Secretary of Homeland Security. The Secretary of Homeland Security may
not grant Deferred Mandatory Departure status until all appropriate
background checks are completed to the satisfaction of the Secretary of
Homeland Security.
``(e) Acknowledgment.--
``(1) In general.--An alien who applies for Deferred
Mandatory Departure status shall submit to the Secretary of
Homeland Security--
``(A) an acknowledgment made in writing and under
oath that the alien--
``(i) is unlawfully present in the United
States and subject to removal or deportation,
as appropriate, under this Act; and
``(ii) understands the terms of the terms
of Deferred Mandatory Departure;
``(B) any Social Security account number or card in
the possession of the alien or relied upon by the
alien;
``(C) any false or fraudulent documents in the
alien's possession.
``(2) Use of information.--None of the documents or other
information provided in accordance with paragraph (1) may be
used in a criminal proceeding against the alien providing such
documents or information.
``(f) Mandatory Departure.--
``(1) In general.--The Secretary of Homeland Security shall
grant Deferred Mandatory Departure status to an alien who meets
the requirements of this section for a period not to exceed 3
years.
``(2) Registration at time of departure.--An alien granted
Deferred Mandatory Departure shall--
``(A) depart from the United States before the
expiration of the period of Deferred Mandatory
Departure status;
``(B) register with the Secretary of Homeland
Security at the time of departure; and
``(C) surrender any evidence of Deferred Mandatory
Departure status at the time of departure.
``(3) Application for readmission.--
``(A) In general.--An alien under this section may
apply for admission to the United States as an
immigrant or nonimmigrant while in the United States or
from any location outside of the United States, but may
not be granted admission until the alien has departed
from the United States in accordance with paragraph
(2).
``(B) Approval.--The Secretary may approve an
application under subparagraph (A) during the period in
which the alien is present in the United States under
Deferred Mandatory Departure status.
``(C) US-visit.--An alien in Deferred Mandatory
Departure status who is seeking admission as a
nonimmigrant or immigrant alien may exit the United
States and immediately reenter the United States at any
land port of entry at which the US-VISIT exit and entry
system can process such alien for admission into the
United States.
``(D) Interview requirements.--Notwithstanding any
other provision of law, any admission requirement
involving in-person interviews at a consulate of the
United States shall be waived for aliens granted
Deferred Mandatory Departure status under this section.
``(E) Waiver of numerical limitations.--The
numerical limitations under section 214 shall not apply
to any alien who is admitted as a nonimmigrant under
this paragraph.
``(4) Effect of readmission on spouse or child.--The spouse
or child of an alien granted Deferred Mandatory Departure and
subsequently granted an immigrant or nonimmigrant visa before
departing the United States shall be--
``(A) deemed to have departed under this section
upon the successful admission of the principal alien;
and
``(B) eligible for the derivative benefits
associated with the immigrant or nonimmigrant visa
granted to the principal alien without regard to
numerical caps related to such visas.
``(5) Waivers.--The Secretary of Homeland Security may
waive the departure requirement under this subsection if the
alien--
``(A) is granted an immigrant or nonimmigrant visa;
and
``(B) can demonstrate that the departure of the
alien would create a substantial hardship on the alien
or an immediate family member of the alien.
``(6) Return in legal status.--An alien who complies with
the terms of Deferred Mandatory Departure status and who
departs before the expiration of such status--
``(A) shall not be subject to section 212(a)(9)(B);
``(B) if otherwise eligible, may immediately seek
admission as a nonimmigrant or immigrant; and
``(C) is exempt from the requirements of section
218B.
``(7) Failure to depart.--An alien who fails to depart the
United States prior to the expiration of Mandatory Deferred
Departure status is not eligible and may not apply for or
receive any immigration relief or benefit under this Act or any
other law for a period of 10 years, with the exception of
section 208 or 241(b)(3) or the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, done
at New York December 10, 1984, in the case of an alien who
indicates either an intention to apply for asylum under section
208 or a fear of persecution or torture.
``(8) Penalties for delayed departure.--An alien who fails
to depart immediately shall be subject to--
``(A) no fine if the alien departs not later than 1
year after the grant of Deferred Mandatory Departure;
``(B) a fine of $2,000 if the alien does not depart
within 2 years after the grant of Deferred Mandatory
Departure; and
``(C) a fine of $3,000 if the alien does not depart
within 3 years after the grant of Deferred Mandatory
Departure.
``(g) Evidence of Deferred Mandatory Departure Status.--Evidence of
Deferred Mandatory Departure status shall be machine-readable and
tamper-resistant, shall allow for biometric authentication, and shall
comply with the requirements under section 403 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note). The Secretary of Homeland Security is authorized to
incorporate integrated-circuit technology into the document. The
Secretary of Homeland Security shall consult with the Forensic Document
Laboratory in designing the document. The document may serve as a
travel, entry, and work authorization document during the period of its
validity. The document may be accepted by an employer as evidence of
employment authorization and identity under section 274A(b)(1)(B).
``(h) Terms of Status.--
``(1) Reporting.--During the period of Deferred Mandatory
Departure, an alien shall comply with all registration
requirements under section 264.
``(2) Travel.--
``(A) An alien granted Deferred Mandatory Departure
is not subject to section 212(a)(9) for any unlawful
presence that occurred prior to the Secretary of
Homeland Security granting the alien Deferred Mandatory
Departure status.
``(B) Under regulations established by the
Secretary of Homeland Security, an alien granted
Deferred Mandatory Departure--
``(i) may travel outside of the United
States and may be readmitted if the period of
Deferred Mandatory Departure status has not
expired; and
``(ii) must establish at the time of
application for admission that the alien is
admissible under section 212.
``(C) Effect on period of authorized admission.--
Time spent outside the United States under subparagraph
(B) shall not extend the period of Deferred Mandatory
Departure status.
``(3) Benefits.--During the period in which an alien is
granted Deferred Mandatory Departure under this section--
``(A) the alien shall not be considered to be
permanently residing in the United States under the
color of law and shall be treated as a nonimmigrant
admitted under section 214; and
``(B) the alien may be deemed ineligible for public
assistance by a State (as defined in section
101(a)(36)) or any political subdivision thereof which
furnishes such assistance.
``(i) Prohibition on Change of Status or Adjustment of Status.--
``(1) In general.--Before leaving the United States, an
alien granted Deferred Mandatory Departure status may not apply
to change status under section 248.
``(2) Adjustment of status.--An alien may not adjust to an
immigrant classification under this section until after the
earlier of--
``(A) the consideration of all applications filed
under section 201, 202, or 203 before the date of
enactment of this section; or
``(B) 8 years after the date of enactment of this
section.
``(j) Application Fee.--
``(1) In general.--An alien seeking a grant of Deferred
Mandatory Departure status shall submit, in addition to any
other fees authorized by law, an application fee of $1,000.
``(2) Use of fee.--The fees collected under paragraph (1)
shall be available for use by the Secretary of Homeland
Security for activities to identify, locate, or remove illegal
aliens.
``(k) Family Members.--
``(1) In general.--Subject subsection (f)(4), the spouse or
child of an alien granted Deferred Mandatory Departure status
is subject to the same terms and conditions as the principal
alien.
``(2) Application fee.--
``(A) In general.--The spouse or child of an alien
seeking Deferred Mandatory Departure status shall
submit, in addition to any other fee authorized by law,
an additional fee of $500.
``(B) Use of fee.--The fees collected under
subparagraph (A) shall be available for use by the
Secretary of Homeland Security for activities to
identify, locate, or remove aliens who are removable
under section 237.
``(l) Employment.--
``(1) In general.--An alien who has applied for or has been
granted Deferred Mandatory Departure status may be employed in
the United States.
``(2) Continuous employment.--An alien granted Deferred
Mandatory Departure status must be employed while in the United
States. An alien who fails to be employed for 60 days is
ineligible for hire until the alien has departed the United
States and reentered. The Secretary of Homeland Security may
reauthorize an alien for employment without requiring the
alien's departure from the United States.
``(m) Enumeration of Social Security Number.--The Secretary of
Homeland Security, in coordination with the Commissioner of the Social
Security system, shall implement a system to allow for the enumeration
of a Social Security number and production of a Social Security card at
the time the Secretary of Homeland Security grants an alien Deferred
Mandatory Departure status.
``(n) Penalties for False Statements in Application for Deferred
Mandatory Departure.--
``(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).
``(o) Relation to Cancellation of Removal.--With respect to an
alien granted Deferred Mandatory Departure status under this section,
the period of such status shall not be counted as a period of physical
presence in the United States for purposes of section 240A(a), unless
the Secretary of Homeland Security determines that extreme hardship
exists.
``(p) Waiver of Rights.--An alien is not eligible for Deferred
Mandatory Departure status, unless the alien has waived any right to
contest, other than on the basis of an application for asylum,
restriction of removal, or protection under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984, or cancellation of removal pursuant
to section 240A(a), any action for deportation or removal of the alien
that is instituted against the alien subsequent to a grant of Deferred
Mandatory Departure status.
``(q) Denial of Discretionary Relief.--The determination of whether
an alien is eligible for a grant of Deferred Mandatory Departure status
is solely within the discretion of the Secretary of Homeland Security.
Notwithstanding any other provision of law, no court shall have
jurisdiction to review--
``(1) any judgment regarding the granting of relief under
this section; or
``(2) any other decision or action of the Secretary of
Homeland Security the authority for which is specified under
this section to be in the discretion of the Secretary, other
than the granting of relief under section 208(a).
``(r) Judicial Review.--
``(1) Limitations on relief.--Without regard to the nature
of the action or claim and without regard to the identity of
the party or parties bringing the action, no court may--
``(A) enter declaratory, injunctive, or other
equitable relief in any action pertaining to--
``(i) an order or notice denying an alien a
grant of Deferred Mandatory Departure status or
any other benefit arising from such status; or
``(ii) an order of removal, exclusion, or
deportation entered against an alien after a
grant of Deferred Mandatory Departure status;
or
``(B) certify a class under Rule 23 of the Federal
Rules of Civil Procedure in any action for which
judicial review is authorized under a subsequent
paragraph of this subsection.
``(2) Challenges to validity.--
``(A) In general.--Any right or benefit not
otherwise waived or limited pursuant this section is
available in an action instituted in the United States
District Court for the District of Columbia, but shall
be limited to determinations of--
``(i) whether such section, or any
regulation issued to implement such section,
violates the Constitution of the United States;
or
``(ii) whether such a regulation, or a
written policy directive, written policy
guideline, or written procedure issued by or
under the authority of the Secretary of
Homeland Security to implement such section, is
not consistent with applicable provisions of
this section or is otherwise in violation of
law.''.
(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.), as amended by this subsection (b)(2), is further
amended by inserting after the item relating to section 245B
the following:
``245C. Mandatory Departure and Reentry.''.
(3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8
U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6
months in the case of an alien granted Deferred Mandatory
Departure status under section 245C)'' after ``imposed''.
(4) Statutory construction.--Nothing in this subsection, or
any amendment made by this subsection, shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
(5) Authorization of appropriations.--There are authorized
to be appropriated such amounts as may be necessary for
facilities, personnel (including consular officers), training,
technology, and processing necessary to carry out the
amendments made by this subsection.
(d) Correction of Social Security Records.--Section 208(e)(1) of
the Social Security Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) whose status is adjusted to that of lawful
permanent resident under section 245B of the
Immigration and Nationality Act,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such conduct
is alleged to have occurred prior to the date on which the
alien became lawfully admitted for temporary residence.''.
Subtitle B--Agricultural Job Opportunities, Benefits, and Security
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Job Opportunities,
Benefits, and Security Act of 2006'' or the ``AgJOBS Act of 2006''.
SEC. 612. DEFINITIONS.
In this subtitle:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor
under section 3121(g) of the Internal Revenue Code of 1986 (26
U.S.C. 3121(g)). For purposes of this paragraph, agricultural
employment includes employment under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into the
United States for temporary residence under section 613(a).
(3) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(4) Job opportunity.--The term ``job opportunity'' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
(5) Temporary.--A worker is employed on a ``temporary''
basis where the employment is intended not to exceed 10 months.
(6) United states worker.--The term ``United States
worker'' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or any
other alien, who is authorized to work in the job opportunity
within the United States, except an alien admitted or otherwise
provided status under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)).
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 1 or more hours in agriculture
consistent with the definition of ``man-day'' under section
3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(u)).
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS
SEC. 613. AGRICULTURAL WORKERS.
(a) Blue Card Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer blue card status upon an alien
who qualifies under this subsection if the Secretary determines
that the alien--
(A) has performed agricultural employment in the
United States for at least 863 hours or 150 work days,
whichever is less, during the 24-month period ending on
December 31, 2005;
(B) applied for such status during the 18-month
application period beginning on the first day of the
seventh month that begins after the date of enactment
of this Act; and
(C) is otherwise admissible to the United States
under section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182), except as otherwise provided under
subsection (e)(2).
(2) Authorized travel.--An alien in blue card status has
the right to travel abroad (including commutation from a
residence abroad) in the same manner as an alien lawfully
admitted for permanent residence.
(3) Authorized employment.--An alien in blue card status
shall be provided an ``employment authorized'' endorsement or
other appropriate work permit, in the same manner as an alien
lawfully admitted for permanent residence.
(4) Termination of blue card status.--
(A) In general.--The Secretary may terminate blue
card status granted under this subsection only upon a
determination under this subtitle that the alien is
deportable.
(B) Grounds for termination of blue card status.--
Before any alien becomes eligible for adjustment of
status under subsection (c), the Secretary may deny
adjustment to permanent resident status and provide for
termination of the blue card status granted such alien
under paragraph (1) if--
(i) the Secretary finds, by a preponderance
of the evidence, that the adjustment to blue
card status was the result of fraud or willful
misrepresentation (as described in section
212(a)(6)(C)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--
(I) commits an act that makes the
alien inadmissible to the United States
as an immigrant, except as provided
under subsection (e)(2);
(II) is convicted of a felony or 3
or more misdemeanors committed in the
United States; or
(III) is convicted of an offense,
an element of which involves bodily
injury, threat of serious bodily
injury, or harm to property in excess
of $500.
(5) Record of employment.--
(A) In general.--Each employer of a worker granted
status under this subsection shall annually--
(i) provide a written record of employment
to the alien; and
(ii) provide a copy of such record to the
Secretary.
(B) Sunset.--The obligation under subparagraph (A)
shall terminate on the date that is 6 years after the
date of the enactment of this Act.
(6) Required features of blue card.--The Secretary shall
provide each alien granted blue card status and the spouse and
children of each such alien residing in the United States with
a card that contains--
(A) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to
whom the card is issued;
(B) biometric identifiers, including fingerprints
and a digital photograph; and
(C) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card
for fraudulent purposes.
(7) Fine.--An alien granted blue card status shall pay a
fine to the Secretary in an amount equal to $100.
(8) Maximum number.--The Secretary may issue not more than
1,500,000 blue cards during the 5-year period beginning on the
date of the enactment of this Act.
(b) Rights of Aliens Granted Blue Card Status.--
(1) In general.--Except as otherwise provided under this
subsection, an alien in blue card status shall be considered to
be an alien lawfully admitted for permanent residence for
purposes of any law other than any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Delayed eligibility for certain federal public
benefits.--An alien in blue card status shall not be eligible,
by reason of such status, for any form of assistance or benefit
described in section 403(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a))
until 5 years after the date on which the Secretary confers
blue card status upon that alien.
(3) Terms of employment respecting aliens admitted under
this section.--
(A) Prohibition.--No alien granted blue card status
may be terminated from employment by any employer
during the period of blue card status except for just
cause.
(B) Treatment of complaints.--
(i) Establishment of process.--The
Secretary shall establish a process for the
receipt, initial review, and disposition of
complaints by aliens granted blue card status
who allege that they have been terminated
without just cause. No proceeding shall be
conducted under this subparagraph with respect
to a termination unless the Secretary
determines that the complaint was filed not
later than 6 months after the date of the
termination.
(ii) Initiation of arbitration.--If the
Secretary finds that a complaint has been filed
in accordance with clause (i) and there is
reasonable cause to believe that the
complainant was terminated without just cause,
the Secretary shall initiate binding
arbitration proceedings by requesting the
Federal Mediation and Conciliation Service to
appoint a mutually agreeable arbitrator from
the roster of arbitrators maintained by such
Service for the geographical area in which the
employer is located. The procedures and rules
of such Service shall be applicable to the
selection of such arbitrator and to such
arbitration proceedings. The Secretary shall
pay the fee and expenses of the arbitrator,
subject to the availability of appropriations
for such purpose.
(iii) Arbitration proceedings.--The
arbitrator shall conduct the proceeding in
accordance with the policies and procedures
promulgated by the American Arbitration
Association applicable to private arbitration
of employment disputes. The arbitrator shall
make findings respecting whether the
termination was for just cause. The arbitrator
may not find that the termination was for just
cause unless the employer so demonstrates by a
preponderance of the evidence. If the
arbitrator finds that the termination was not
for just cause, the arbitrator shall make a
specific finding of the number of days or hours
of work lost by the employee as a result of the
termination. The arbitrator shall have no
authority to order any other remedy, including,
but not limited to, reinstatement, back pay, or
front pay to the affected employee. Within 30
days from the conclusion of the arbitration
proceeding, the arbitrator shall transmit the
findings in the form of a written opinion to
the parties to the arbitration and the
Secretary. Such findings shall be final and
conclusive, and no official or court of the
United States shall have the power or
jurisdiction to review any such findings.
(iv) Effect of arbitration findings.--If
the Secretary receives a finding of an
arbitrator that an employer has terminated an
alien granted blue card status without just
cause, the Secretary shall credit the alien for
the number of days or hours of work lost for
purposes of the requirement of subsection
(c)(1).
(v) Treatment of attorney's fees.--The
parties shall bear the cost of their own
attorney's fees involved in the litigation of
the complaint.
(vi) Nonexclusive remedy.--The complaint
process provided for in this subparagraph is in
addition to any other rights an employee may
have in accordance with applicable law.
(vii) Effect on other actions or
proceedings.--Any finding of fact or law,
judgment, conclusion, or final order made by an
arbitrator in the proceeding before the
Secretary shall not be conclusive or binding in
any separate or subsequent action or proceeding
between the employee and the employee's current
or prior employer brought before an arbitrator,
administrative agency, court, or judge of any
State or the United States, regardless of
whether the prior action was between the same
or related parties or involved the same facts,
except that the arbitrator's specific finding
of the number of days or hours of work lost by
the employee as a result of the employment
termination may be referred to the Secretary
pursuant to clause (iv).
(C) Civil penalties.--
(i) In general.--If the Secretary finds,
after notice and opportunity for a hearing,
that an employer of an alien granted blue card
status has failed to provide the record of
employment required under subsection (a)(5) or
has provided a false statement of material fact
in such a record, the employer shall be subject
to a civil money penalty in an amount not to
exceed $1,000 per violation.
(ii) Limitation.--The penalty applicable
under clause (i) for failure to provide records
shall not apply unless the alien has provided
the employer with evidence of employment
authorization granted under this section.
(c) Adjustment to Permanent Residence.--
(1) Agricultural workers.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall adjust the status of an alien
granted blue card status to that of an alien lawfully
admitted for permanent residence if the Secretary
determines that the following requirements are
satisfied:
(i) Qualifying employment.--The alien has
performed at least--
(I) 5 years of agricultural
employment in the United States, for at
least 100 work days or 575 hours, but
in no case less than 575 hours per
year, during the 5-year period
beginning on the date of the enactment
of this Act; or
(II) 3 years of agricultural
employment in the United States, for at
least 150 work days or 863 hours, but
in no case less than 863 hours per
year, during the 5-year period
beginning on the date of the enactment
of this Act.
(ii) Proof.--An alien may demonstrate
compliance with the requirement under clause
(i) by submitting--
(I) the record of employment
described in subsection (a)(5); or
(II) such documentation as may be
submitted under subsection (d)(3).
(iii) Extraordinary circumstances.--In
determining whether an alien has met the
requirement under clause (i)(I), the Secretary
may credit the alien with not more than 12
additional months to meet the requirement under
clause (i) if the alien was unable to work in
agricultural employment due to--
(I) pregnancy, injury, or disease,
if the alien can establish such
pregnancy, disabling injury, or disease
through medical records;
(II) illness, disease, or other
special needs of a minor child, if the
alien can establish such illness,
disease, or special needs through
medical records; or
(III) severe weather conditions
that prevented the alien from engaging
in agricultural employment for a
significant period of time.
(iv) Application period.--The alien applies
for adjustment of status not later than 7 years
after the date of the enactment of this Act.
(v) Fine.--The alien pays a fine to the
Secretary in an amount equal to $400.
(B) Grounds for denial of adjustment of status.--
The Secretary may deny an alien adjustment to permanent
resident status, and provide for termination of the
blue card status granted such alien, if--
(i) the Secretary finds by a preponderance
of the evidence that the adjustment to blue
card status was the result of fraud or willful
misrepresentation, as described in section
212(a)(6)(C)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--
(I) commits an act that makes the
alien inadmissible to the United States
under section 212 of the Immigration
and Nationality Act (8 U.S.C. 1182),
except as provided under subsection
(e)(2);
(II) is convicted of a felony or 3
or more misdemeanors committed in the
United States; or
(III) is convicted of a single
misdemeanor for which the actual
sentence served is 6 months or longer.
(C) Grounds for removal.--Any alien granted blue
card status who does not apply for adjustment of status
under this subsection before the expiration of the
application period described in subparagraph (A)(iv),
or who fails to meet the other requirements of
subparagraph (A) by the end of the applicable period,
is deportable and may be removed under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a).
(D) Payment of income taxes.--
(i) In general.--Not later than the date on
which an alien's status is adjusted under this
subsection, the alien shall establish the
payment of all Federal income taxes owed for
employment during the period of employment
required under paragraph (1)(A) 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.
(ii) IRS cooperation.--The Commissioner of
Internal Revenue shall provide documentation to
an alien upon request to establish the payment
of all income taxes required under this
paragraph.
(2) Spouses and minor children.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary shall confer the status
of lawful permanent resident on the spouse and minor
child of an alien granted status under paragraph (1),
including any individual who was a minor child on the
date such alien was granted blue card status, if the
spouse or minor child applies for such status, or if
the principal alien includes the spouse or minor child
in an application for adjustment of status to that of a
lawful permanent resident.
(B) Treatment of spouses and minor children before
adjustment of status.--
(i) Removal.--The spouse and any minor
child of an alien granted blue card status may
not be removed while such alien maintains such
status, except as provided in subparagraph (C).
(ii) Travel.--The spouse and any minor
child of an alien granted blue card status may
travel outside the United States in the same
manner as an alien lawfully admitted for
permanent residence.
(iii) Employment.--The spouse of an alien
granted blue card status may apply to the
Secretary for a work permit to authorize such
spouse to engage in any lawful employment in
the United States while such alien maintains
blue card status.
(C) Grounds for denial of adjustment of status and
removal.--The Secretary may deny an alien spouse or
child adjustment of status under subparagraph (A) and
may remove such spouse or child under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a) if
the spouse or child--
(i) commits an act that makes the alien
spouse or child inadmissible to the United
States under section 212 of such Act (8 U.S.C.
1182), except as provided under subsection
(e)(2);
(ii) is convicted of a felony or 3 or more
misdemeanors committed in the United States; or
(iii) is convicted of a single misdemeanor
for which the actual sentence served is 6
months or longer.
(d) Applications.--
(1) To whom may be made.--The Secretary shall provide
that--
(A) applications for blue card status may be
filed--
(i) with the Secretary, but only if the
applicant is represented by an attorney or a
non-profit religious, charitable, social
service, or similar organization recognized by
the Board of Immigration Appeals under section
292.2 of title 8, Code of Federal Regulations;
or
(ii) with a qualified designated entity
(designated under paragraph (2)), but only if
the applicant consents to the forwarding of the
application to the Secretary; and
(B) applications for adjustment of status under
subsection (c) shall be filed directly with the
Secretary.
(2) Designation of entities to receive applications.--
(A) In general.--For purposes of receiving
applications under subsection (a), the Secretary--
(i) shall designate qualified farm labor
organizations and associations of employers;
and
(ii) may designate such other persons as
the Secretary determines are qualified and have
substantial experience, demonstrate competence,
and have traditional long-term involvement in
the preparation and submission of applications
for adjustment of status under section 209,
210, or 245 of the Immigration and Nationality
Act, Public Law 89-732, Public Law 95-145, or
the Immigration Reform and Control Act of 1986.
(B) References.--Organizations, associations, and
persons designated under subparagraph (A) are referred
to in this subtitle as ``qualified designated
entities''.
(3) Proof of eligibility.--
(A) In general.--An alien may establish that the
alien meets the requirement of subsection (a)(1)(A) or
(c)(1)(A) through government employment records or
records supplied by employers or collective bargaining
organizations, and other reliable documentation as the
alien may provide. The Secretary shall establish
special procedures to properly credit work in cases in
which an alien was employed under an assumed name.
(B) Documentation of work history.--
(i) Burden of proof.--An alien applying for
status under subsection (a)(1) or (c)(1) has
the burden of proving by a preponderance of the
evidence that the alien has worked the
requisite number of hours or days (as required
under subsection (a)(1)(A) or (c)(1)(A)).
(ii) Timely production of records.--If an
employer or farm labor contractor employing
such an alien has kept proper and adequate
records respecting such employment, the alien's
burden of proof under clause (i) may be met by
securing timely production of those records
under regulations to be promulgated by the
Secretary.
(iii) Sufficient evidence.--An alien can
meet the burden of proof under clause (i) to
establish that the alien has performed the work
described in subsection (a)(1)(A) or (c)(1)(A)
by producing sufficient evidence to show the
extent of that employment as a matter of just
and reasonable inference.
(4) Treatment of applications by qualified designated
entities.--Each qualified designated entity shall agree to
forward to the Secretary applications filed with it in
accordance with paragraph (1)(A)(i)(II) but shall not forward
to the Secretary applications filed with it unless the
applicant has consented to such forwarding. No such entity may
make a determination required by this section to be made by the
Secretary. Upon the request of the alien, a qualified
designated entity shall assist the alien in obtaining
documentation of the work history of the alien.
(5) Limitation on access to information.--Files and records
prepared for purposes of this subsection by qualified
designated entities operating under this subsection are
confidential and the Secretary shall not have access to such
files or records relating to an alien without the consent of
the alien, except as allowed by a court order issued pursuant
to paragraph (6).
(6) Confidentiality of information.--
(A) In general.--Except as otherwise provided in
this subsection, neither the Secretary, nor any other
official or employee of the Department, or a bureau or
agency of the Department, may--
(i) use the information furnished by the
applicant pursuant to an application filed
under this section, the information provided to
the applicant by a person designated under
paragraph (2)(A), or any information provided
by an employer or former employer, for any
purpose other than to make a determination on
the application, or for enforcement of
paragraph (7);
(ii) make any publication whereby the
information furnished by any particular
individual can be identified; or
(iii) permit anyone other than the sworn
officers and employees of the Department, or a
bureau or agency of the Department, or, with
respect to applications filed with a qualified
designated entity, that qualified designated
entity, to examine individual applications.
(B) Required disclosures.--The Secretary shall
provide the information furnished under this section,
or any other information derived from such furnished
information, to--
(i) a duly recognized law enforcement
entity in connection with a criminal
investigation or prosecution, if such
information is requested in writing by such
entity; or
(ii) an official coroner, for purposes of
affirmatively identifying a deceased
individual, whether or not the death of such
individual resulted from a crime.
(C) Construction.--
(i) In general.--Nothing in this paragraph
shall be construed to limit the use, or
release, for immigration enforcement purposes
or law enforcement purposes of information
contained in files or records of the Department
pertaining to an application filed under this
section, other than information furnished by an
applicant pursuant to the application, or any
other information derived from the application,
that is not available from any other source.
(ii) Criminal convictions.--Information
concerning whether the applicant has at any
time been convicted of a crime may be used or
released for immigration enforcement or law
enforcement purposes.
(D) Crime.--Any person who knowingly uses,
publishes, or permits information to be examined in
violation of this paragraph shall be subject to a fine
in an amount not to exceed $10,000.
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Any person who--
(i) files an application for status under
subsection (a) or (c) and knowingly and
willfully falsifies, conceals, or covers up a
material fact or makes any false, fictitious,
or fraudulent statements or representations, or
makes or uses any false writing or document
knowing the same to contain any false,
fictitious, or fraudulent statement or entry;
or
(ii) creates or supplies a false writing or
document for use in making such an application,
shall be fined in accordance with title 18, United
States Code, imprisoned not more than 5 years, or both.
(B) Inadmissibility.--An alien who is convicted of
a crime under subparagraph (A) shall be considered to
be inadmissible to the United States on the ground
described in section 212(a)(6)(C)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
(8) Eligibility for legal services.--Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for adjustment of status under this section.
(9) Application fees.--
(A) Fee schedule.--The Secretary shall provide for
a schedule of fees that--
(i) shall be charged for the filing of
applications for status under subsections (a)
and (c); and
(ii) may be charged by qualified designated
entities to help defray the costs of services
provided to such applicants.
(B) Prohibition on excess fees by qualified
designated entities.--A qualified designated entity may
not charge any fee in excess of, or in addition to, the
fees authorized under subparagraph (A)(ii) for services
provided to applicants.
(C) Disposition of fees.--
(i) In general.--There is established in
the general fund of the Treasury a separate
account, which shall be known as the
``Agricultural Worker Immigration Status
Adjustment Account''. Notwithstanding any other
provision of law, there shall be deposited as
offsetting receipts into the account all fees
collected under subparagraph (A)(i).
(ii) Use of fees for application
processing.--Amounts deposited in the
``Agricultural Worker Immigration Status
Adjustment Account'' shall remain available to
the Secretary until expended for processing
applications for status under subsections (a)
and (c).
(e) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(1) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the
adjustment of aliens to lawful permanent resident status under
this section.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
subsection (a)(1)(C) or an alien's eligibility for adjustment
of status under subsection (c)(1)(B)(ii)(I), the following
rules shall apply:
(A) Grounds of exclusion not applicable.--The
provisions of paragraphs (5), (6)(A), (7), and (9) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(B) Waiver of other grounds.--
(i) In general.--Except as provided in
clause (ii), the Secretary may waive any other
provision of such section 212(a) in the case of
individual aliens for humanitarian purposes, to
ensure family unity, or if otherwise in the
public interest.
(ii) Grounds that may not be waived.--
Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4)
of such section 212(a) may not be waived by the
Secretary under clause (i).
(iii) Construction.--Nothing in this
subparagraph shall be construed as affecting
the authority of the Secretary other than under
this subparagraph to waive provisions of such
section 212(a).
(C) Special rule for determination of public
charge.--An alien is not ineligible for status under
this section by reason of a ground of inadmissibility
under section 212(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(4)) if the alien
demonstrates a history of employment in the United
States evidencing self-support without reliance on
public cash assistance.
(f) Temporary Stay of Removal and Work Authorization for Certain
Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in the
case of an alien who is apprehended before the beginning of the
application period described in subsection (a)(1)(B) and who
can establish a nonfrivolous case of eligibility for blue card
status (but for the fact that the alien may not apply for such
status until the beginning of such period), until the alien has
had the opportunity during the first 30 days of the application
period to complete the filing of an application for blue card
status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
``employment authorized'' endorsement or other
appropriate work permit for such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application period
described in subsection (a)(1)(B), including an alien who files
such an application within 30 days of the alien's apprehension,
and until a final determination on the application has been
made in accordance with this section, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
``employment authorized'' endorsement or other
appropriate work permit for such purpose.
(g) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for status under subsection (a) or (c) except in accordance
with this subsection.
(2) Administrative review.--
(A) Single level of administrative appellate
review.--The Secretary shall establish an appellate
authority to provide for a single level of
administrative appellate review of such a
determination.
(B) Standard for review.--Such administrative
appellate review shall be based solely upon the
administrative record established at the time of the
determination on the application and upon such
additional or newly discovered evidence as may not have
been available at the time of the determination.
(3) Judicial review.--
(A) Limitation to review of removal.--There shall
be judicial review of such a determination only in the
judicial review of an order of removal under section
242 of the Immigration and Nationality Act (8 U.S.C.
1252).
(B) Standard for judicial review.--Such judicial
review shall be based solely upon the administrative
record established at the time of the review by the
appellate authority and the findings of fact and
determinations contained in such 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.
(h) Dissemination of Information on Adjustment Program.--Beginning
not later than the first day of the application period described in
subsection (a)(1)(B), the Secretary, in cooperation with qualified
designated entities, shall broadly disseminate information respecting
the benefits that aliens may receive under this section and the
requirements to be satisfied to obtain such benefits.
(i) Regulations.--The Secretary shall issue regulations to
implement this section not later than the first day of the seventh
month that begins after the date of enactment of this Act.
(j) Effective Date.--This section shall take effect on the date
that regulations are issued implementing this section on an interim or
other basis.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $40,000,000 for
each of fiscal years 2007 through 2010.
SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(d)(1) of the Social Security Act (42
U.S.C. 408(d)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2006,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such conduct
is alleged to have occurred before the date on which the alien
was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
CHAPTER 2--REFORM OF H-2A WORKER PROGRAM
SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended--
(1) by striking section 218 and inserting the following:
``SEC. 218. H-2A EMPLOYER APPLICATIONS.
``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an H-
2A worker, unless the employer has filed with the Secretary of
Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of
the work to be performed;
``(C) the anticipated period (expected beginning
and ending dates) for which the workers will be needed;
and
``(D) the number of job opportunities in which the
employer seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The assurances
referred to in subsection (a)(1) are the following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is covered
under a collective bargaining agreement:
``(A) Union contract described.--The job
opportunity is covered by a union contract which was
negotiated at arm's length between a bona fide union
and the employer.
``(B) Strike or lockout.--The specific job
opportunity for which the employer is requesting an H-
2A worker is not vacant because the former occupant is
on strike or being locked out in the course of a labor
dispute.
``(C) Notification of bargaining representatives.--
The employer, at the time of filing the application,
has provided notice of the filing under this paragraph
to the bargaining representative of the employer's
employees in the occupational classification at the
place or places of employment for which aliens are
sought.
``(D) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The
employer has offered or will offer the job to any
eligible United States worker who applies and is
equally or better qualified for the job for which the
nonimmigrant is, or the nonimmigrants are, sought and
who will be available at the time and place of need.
``(F) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of, and in the course of, the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity that
is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job
opportunity for which the employer is requesting an H-
2A worker is not vacant because the former occupant is
on strike or being locked out in the course of a labor
dispute.
``(B) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The
employer will provide, at a minimum, the benefits,
wages, and working conditions required by section 218E
to all workers employed in the job opportunities for
which the employer has applied under subsection (a) and
to all other workers in the same occupation at the
place of employment.
``(D) Nondisplacement of united states workers.--
The employer did not displace and will not displace a
United States worker employed by the employer during
the period of employment and for a period of 30 days
preceding the period of employment in the occupation at
the place of employment for which the employer seeks
approval to employ H-2A workers.
``(E) Requirements for placement of nonimmigrant
with other employers.--The employer will not place the
nonimmigrant with another employer unless--
``(i) the nonimmigrant performs duties in
whole or in part at 1 or more work sites owned,
operated, or controlled by such other employer;
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such
other employer; and
``(iii) the employer has inquired of the
other employer as to whether, and has no actual
knowledge or notice that, during the period of
employment and for a period of 30 days
preceding the period of employment, the other
employer has displaced or intends to displace a
United States worker employed by the other
employer in the occupation at the place of
employment for which the employer seeks
approval to employ H-2A workers.
``(F) Statement of liability.--The application form
shall include a clear statement explaining the
liability under subparagraph (E) of an employer if the
other employer described in such subparagraph displaces
a United States worker as described in such
subparagraph.
``(G) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of and in the course of the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken
or will take the following steps to recruit
United States workers for the job opportunities
for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:
``(I) Contacting former workers.--
The employer shall make reasonable
efforts through the sending of a letter
by United States Postal Service mail,
or otherwise, to contact any United
States worker the employer employed
during the previous season in the
occupation at the place of intended
employment for which the employer is
applying for workers and has made the
availability of the employer's job
opportunities in the occupation at the
place of intended employment known to
such previous workers, unless the
worker was terminated from employment
by the employer for a lawful job-
related reason or abandoned the job
before the worker completed the period
of employment of the job opportunity
for which the worker was hired.
``(II) Filing a job offer with the
local office of the state employment
security agency.--Not later than 28
days before the date on which the
employer desires to employ an H-2A
worker in a temporary or seasonal
agricultural job opportunity, the
employer shall submit a copy of the job
offer described in subsection (a)(2) to
the local office of the State
employment security agency which serves
the area of intended employment and
authorize the posting of the job
opportunity on `America's Job Bank' or
other electronic job registry, except
that nothing in this subclause shall
require the employer to file an
interstate job order under section 653
of title 20, Code of Federal
Regulations.
``(III) Advertising of job
opportunities.--Not later than 14 days
before the date on which the employer
desires to employ an H-2A worker in a
temporary or seasonal agricultural job
opportunity, the employer shall
advertise the availability of the job
opportunities for which the employer is
seeking workers in a publication in the
local labor market that is likely to be
patronized by potential farm workers.
``(IV) Emergency procedures.--The
Secretary of Labor shall, by
regulation, provide a procedure for
acceptance and approval of applications
in which the employer has not complied
with the provisions of this
subparagraph because the employer's
need for H-2A workers could not
reasonably have been foreseen.
``(ii) Job offers.--The employer has
offered or will offer the job to any eligible
United States worker who applies and is equally
or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought
and who will be available at the time and place
of need.
``(iii) Period of employment.--The employer
will provide employment to any qualified United
States worker who applies to the employer
during the period beginning on the date on
which the foreign worker departs for the
employer's place of employment and ending on
the date on which 50 percent of the period of
employment for which the foreign worker who is
in the job was hired has elapsed, subject to
the following requirements:
``(I) Prohibition.--No person or
entity shall willfully and knowingly
withhold United States workers before
the arrival of H-2A workers in order to
force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of
a complaint by an employer that a
violation of subclause (I) has
occurred, the Secretary of Labor shall
immediately investigate. The Secretary
of Labor shall, within 36 hours of the
receipt of the complaint, issue
findings concerning the alleged
violation. If the Secretary of Labor
finds that a violation has occurred,
the Secretary of Labor shall
immediately suspend the application of
this clause with respect to that
certification for that date of need.
``(III) Placement of united states
workers.--Before referring a United
States worker to an employer during the
period described in the matter
preceding subclause (I), the Secretary
of Labor shall make all reasonable
efforts to place the United States
worker in an open job acceptable to the
worker, if there are other job offers
pending with the job service that offer
similar job opportunities in the area
of intended employment.
``(iv) Statutory construction.--Nothing in
this subparagraph shall be construed to
prohibit an employer from using such legitimate
selection criteria relevant to the type of job
that are normal or customary to the type of job
involved so long as such criteria are not
applied in a discriminatory manner.
``(c) Applications by Associations on Behalf of Employer Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of its
employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218E through 218G.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities of
any of its producer members named on the application, and such
workers may be transferred among such producer members to
perform the agricultural services of a temporary or seasonal
nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw an
application filed pursuant to subsection (a) with respect to 1
or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor in
writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer who
withdraws an application under subsection (a), or on whose
behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as a
result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under subsection
(a) is unaffected by withdrawal of such application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is filed,
at the employer's principal place of business or work site, a
copy of each such application (and such accompanying documents
as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor
shall compile, on a current basis, a list (by employer
and by occupational classification) of the applications
filed under this subsection. Such list shall include
the wage rate, number of workers sought, period of
intended employment, and date of need. The Secretary of
Labor shall make such list available for examination in
the District of Columbia.
``(B) Review of applications.--The Secretary of
Labor shall review such an application only for
completeness and obvious inaccuracies. Unless the
Secretary of Labor finds that the application is
incomplete or obviously inaccurate, the Secretary of
Labor shall certify that the intending employer has
filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall
be provided within 7 days of the filing of the
application.''; and
(2) by inserting after section 218D, as added by section
601 of this Act, the following:
``SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.
``(a) Preferential Treatment of Aliens Prohibited.--Employers
seeking to hire United States workers shall offer the United States
workers no less than the same benefits, wages, and working conditions
that the employer is offering, intends to offer, or will provide to H-
2A workers. Conversely, no job offer may impose on United States
workers any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--Except in
cases where higher benefits, wages, or working conditions are required
by the provisions of subsection (a), in order to protect similarly
employed United States workers from adverse effects with respect to
benefits, wages, and working conditions, every job offer which shall
accompany an application under section 218(b)(2) shall include each of
the following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under
section 218(a) for H-2A workers shall offer to provide
housing at no cost to all workers in job opportunities
for which the employer has applied under that section
and to all other workers in the same occupation at the
place of employment, whose place of residence is beyond
normal commuting distance.
``(B) Type of housing.--In complying with
subparagraph (A), an employer may, at the employer's
election, provide housing that meets applicable Federal
standards for temporary labor camps or secure housing
that meets applicable local standards for rental or
public accommodation housing or other substantially
similar class of habitation, or in the absence of
applicable local standards, State standards for rental
or public accommodation housing or other substantially
similar class of habitation. In the absence of
applicable local or State standards, Federal temporary
labor camp standards shall apply.
``(C) Family housing.--When it is the prevailing
practice in the occupation and area of intended
employment to provide family housing, family housing
shall be provided to workers with families who request
it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue
regulations that address the specific requirements for
the provision of housing to workers engaged in the
range production of livestock.
``(E) Limitation.--Nothing in this paragraph shall
be construed to require an employer to provide or
secure housing for persons who were not entitled to
such housing under the temporary labor certification
regulations in effect on June 1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If
public housing provided for migrant
agricultural workers under the auspices of a
local, county, or State government is secured
by an employer, and use of the public housing
unit normally requires charges from migrant
workers, such charges shall be paid by the
employer directly to the appropriate individual
or entity affiliated with the housing's
management.
``(ii) Deposit charges.--Charges in the
form of deposits for bedding or other similar
incidentals related to housing shall not be
levied upon workers by employers who provide
housing for their workers. An employer may
require a worker found to have been responsible
for damage to such housing which is not the
result of normal wear and tear related to
habitation to reimburse the employer for the
reasonable cost of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement under
clause (ii) is satisfied, the employer may
provide a reasonable housing allowance instead
of offering housing under subparagraph (A).
Upon the request of a worker seeking assistance
in locating housing, the employer shall make a
good faith effort to assist the worker in
identifying and locating housing in the area of
intended employment. An employer who offers a
housing allowance to a worker, or assists a
worker in locating housing which the worker
occupies, pursuant to this clause shall not be
deemed a housing provider under section 203 of
the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1823) solely by
virtue of providing such housing allowance. No
housing allowance may be used for housing which
is owned or controlled by the employer.
``(ii) Certification.--The requirement of
this clause is satisfied if the Governor of the
State certifies to the Secretary of Labor that
there is adequate housing available in the area
of intended employment for migrant farm
workers, and H-2A workers, who are seeking
temporary housing while employed at farm work.
Such certification shall expire after 3 years
unless renewed by the Governor of the State.
``(iii) Amount of allowance.--
``(I) Nonmetropolitan counties.--If
the place of employment of the workers
provided an allowance under this
subparagraph is a nonmetropolitan
county, the amount of the housing
allowance under this subparagraph shall
be equal to the statewide average fair
market rental for existing housing for
nonmetropolitan counties for the State,
as established by the Secretary of
Housing and Urban Development pursuant
to section 8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2 bedroom
dwelling unit and an assumption of 2
persons per bedroom.
``(II) Metropolitan counties.--If
the place of employment of the workers
provided an allowance under this
paragraph is in a metropolitan county,
the amount of the housing allowance
under this subparagraph shall be equal
to the statewide average fair market
rental for existing housing for
metropolitan counties for the State, as
established by the Secretary of Housing
and Urban Development pursuant to
section 8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2-bedroom
dwelling unit and an assumption of 2
persons per bedroom.
``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who
completes 50 percent of the period of employment of the
job opportunity for which the worker was hired shall be
reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place from
which the worker came to work for the employer (or
place of last employment, if the worker traveled from
such place) to the place of employment.
``(B) From place of employment.--A worker who
completes the period of employment for the job
opportunity involved shall be reimbursed by the
employer for the cost of the worker's transportation
and subsistence from the place of employment to the
place from which the worker, disregarding intervening
employment, came to work for the employer, or to the
place of next employment, if the worker has contracted
with a subsequent employer who has not agreed to
provide or pay for the worker's transportation and
subsistence to such subsequent employer's place of
employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as
provided in clause (ii), the amount of
reimbursement provided under subparagraph (A)
or (B) to a worker or alien shall not exceed
the lesser of--
``(I) the actual cost to the worker
or alien of the transportation and
subsistence involved; or
``(II) the most economical and
reasonable common carrier
transportation charges and subsistence
costs for the distance involved.
``(ii) Distance traveled.--No reimbursement
under subparagraph (A) or (B) shall be required
if the distance traveled is 100 miles or less,
or the worker is not residing in employer-
provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off
or employment is terminated for contract impossibility
(as described in paragraph (4)(D)) before the
anticipated ending date of employment, the employer
shall provide the transportation and subsistence
required by subparagraph (B) and, notwithstanding
whether the worker has completed 50 percent of the
period of employment, shall provide the transportation
reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and
work site.--The employer shall provide transportation
between the worker's living quarters and the employer's
work site without cost to the worker, and such
transportation will be in accordance with applicable
laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers
under section 218(a) shall offer to pay, and shall pay,
all workers in the occupation for which the employer
has applied for workers, not less (and is not required
to pay more) than the greater of the prevailing wage in
the occupation in the area of intended employment or
the adverse effect wage rate. No worker shall be paid
less than the greater of the hourly wage prescribed
under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the
enactment of the Agricultural Job Opportunities,
Benefits, and Security Act of 2006 and continuing for 3
years thereafter, no adverse effect wage rate for a
State may be more than the adverse effect wage rate for
that State in effect on January 1, 2003, as established
by section 655.107 of title 20, Code of Federal
Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--If Congress does
not set a new wage standard applicable to this
section before the first March 1 that is not
less than 3 years after the date of enactment
of this section, the adverse effect wage rate
for each State beginning on such March 1 shall
be the wage rate that would have resulted if
the adverse effect wage rate in effect on
January 1, 2003, had been annually adjusted,
beginning on March 1, 2006, by the lesser of--
``(I) the 12 month percentage
change in the Consumer Price Index for
All Urban Consumers between December of
the second preceding year and December
of the preceding year; and
``(II) 4 percent.
``(ii) Subsequent annual adjustments.--
Beginning on the first March 1 that is not less
than 4 years after the date of enactment of
this section, and each March 1 thereafter, the
adverse effect wage rate then in effect for
each State shall be adjusted by the lesser of--
``(I) the 12 month percentage
change in the Consumer Price Index for
All Urban Consumers between December of
the second preceding year and December
of the preceding year; and
``(II) 4 percent.
``(D) Deductions.--The employer shall make only
those deductions from the worker's wages that are
authorized by law or are reasonable and customary in
the occupation and area of employment. The job offer
shall specify all deductions not required by law which
the employer will make from the worker's wages.
``(E) Frequency of pay.--The employer shall pay the
worker not less frequently than twice monthly, or in
accordance with the prevailing practice in the area of
employment, whichever is more frequent.
``(F) Hours and earnings statements.--The employer
shall furnish to the worker, on or before each payday,
in 1 or more written statements--
``(i) the worker's total earnings for the
pay period;
``(ii) the worker's hourly rate of pay,
piece rate of pay, or both;
``(iii) the hours of employment which have
been offered to the worker (broken out by hours
offered in accordance with and over and above
the three-quarters guarantee described in
paragraph (4);
``(iv) the hours actually worked by the
worker;
``(v) an itemization of the deductions made
from the worker's wages; and
``(vi) if piece rates of pay are used, the
units produced daily.
``(G) Report on wage protections.--Not later than
December 31, 2008, the Comptroller General of the
United States shall prepare and transmit to the
Secretary of Labor, the Committee on the Judiciary of
the Senate, and Committee on the Judiciary of the House
of Representatives, a report that addresses--
``(i) whether the employment of H-2A or
unauthorized aliens in the United States
agricultural work force has depressed United
States farm worker wages below the levels that
would otherwise have prevailed if alien farm
workers had not been employed in the United
States;
``(ii) whether an adverse effect wage rate
is necessary to prevent wages of United States
farm workers in occupations in which H-2A
workers are employed from falling below the
wage levels that would have prevailed in the
absence of the employment of H-2A workers in
those occupations;
``(iii) whether alternative wage standards,
such as a prevailing wage standard, would be
sufficient to prevent wages in occupations in
which H-2A workers are employed from falling
below the wage level that would have prevailed
in the absence of H-2A employment;
``(iv) whether any changes are warranted in
the current methodologies for calculating the
adverse effect wage rate and the prevailing
wage; and
``(v) recommendations for future wage
protection under this section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established
the Commission on Agricultural Wage Standards
under the H-2A program (in this subparagraph
referred to as the `Commission').
``(ii) Composition.--The Commission shall
consist of 10 members as follows:
``(I) 4 representatives of
agricultural employers and 1
representative of the Department of
Agriculture, each appointed by the
Secretary of Agriculture.
``(II) 4 representatives of
agricultural workers and 1
representative of the Department of
Labor, each appointed by the Secretary
of Labor.
``(iii) Functions.--The Commission shall
conduct a study that shall address--
``(I) whether the employment of H-
2A or unauthorized aliens in the United
States agricultural workforce has
depressed United States farm worker
wages below the levels that would
otherwise have prevailed if alien farm
workers had not been employed in the
United States;
``(II) whether an adverse effect
wage rate is necessary to prevent wages
of United States farm workers in
occupations in which H-2A workers are
employed from falling below the wage
levels that would have prevailed in the
absence of the employment of H-2A
workers in those occupations;
``(III) whether alternative wage
standards, such as a prevailing wage
standard, would be sufficient to
prevent wages in occupations in which
H-2A workers are employed from falling
below the wage level that would have
prevailed in the absence of H-2A
employment;
``(IV) whether any changes are
warranted in the current methodologies
for calculating the adverse effect wage
rate and the prevailing wage rate; and
``(V) recommendations for future
wage protection under this section.
``(iv) Final report.--Not later than
December 31, 2008, the Commission shall submit
a report to the Congress setting forth the
findings of the study conducted under clause
(iii).
``(v) Termination date.--The Commission
shall terminate upon submitting its final
report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall
guarantee to offer the worker employment for the hourly
equivalent of at least three-fourths of the work days
of the total period of employment, beginning with the
first work day after the arrival of the worker at the
place of employment and ending on the expiration date
specified in the job offer. For purposes of this
subparagraph, the hourly equivalent means the number of
hours in the work days as stated in the job offer and
shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or
H-2A worker less employment than that required under
this paragraph, the employer shall pay such worker the
amount which the worker would have earned had the
worker, in fact, worked for the guaranteed number of
hours.
``(B) Failure to work.--Any hours which the worker
fails to work, up to a maximum of the number of hours
specified in the job offer for a work day, when the
worker has been offered an opportunity to do so, and
all hours of work actually performed (including
voluntary work in excess of the number of hours
specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be
counted by the employer in calculating whether the
period of guaranteed employment has been met.
``(C) Abandonment of employment, termination for
cause.--If the worker voluntarily abandons employment
before the end of the contract period, or is terminated
for cause, the worker is not entitled to the `three-
fourths guarantee' described in subparagraph (A).
``(D) Contract impossibility.--If, before the
expiration of the period of employment specified in the
job offer, the services of the worker are no longer
required for reasons beyond the control of the employer
due to any form of natural disaster, including but not
limited to a flood, hurricane, freeze, earthquake,
fire, drought, plant or animal disease or pest
infestation, or regulatory drought, before the
guarantee in subparagraph (A) is fulfilled, the
employer may terminate the worker's employment. In the
event of such termination, the employer shall fulfill
the employment guarantee in subparagraph (A) for the
work days that have elapsed from the first work day
after the arrival of the worker to the termination of
employment. In such cases, the employer will make
efforts to transfer the United States worker to other
comparable employment acceptable to the worker. If such
transfer is not effected, the employer shall provide
the return transportation required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in
clauses (iii) and (iv), this subsection applies
to any H-2A employer that uses or causes to be
used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph,
the term `uses or causes to be used'--
``(I) applies only to
transportation provided by an H-2A
employer to an H-2A worker, or by a
farm labor contractor to an H-2A worker
at the request or direction of an H-2A
employer; and
``(II) does not apply to--
``(aa) transportation
provided, or transportation
arrangements made, by an H-2A
worker, unless the employer
specifically requested or
arranged such transportation;
or
``(bb) car pooling
arrangements made by H-2A
workers themselves, using 1 of
the workers' own vehicles,
unless specifically requested
by the employer directly or
through a farm labor
contractor.
``(iii) Clarification.--Providing a job
offer to an H-2A worker that causes the worker
to travel to or from the place of employment,
or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-
2A employer, shall not constitute an
arrangement of, or participation in, such
transportation.
``(iv) Agricultural machinery and equipment
excluded.--This subsection does not apply to
the transportation of an H-2A worker on a
tractor, combine, harvester, picker, or other
similar machinery or equipment while such
worker is actually engaged in the planting,
cultivating, or harvesting of agricultural
commodities or the care of livestock or poultry
or engaged in transportation incidental
thereto.
``(v) Common carriers excluded.--This
subsection does not apply to common carrier
motor vehicle transportation in which the
provider holds itself out to the general public
as engaging in the transportation of passengers
for hire and holds a valid certification of
authorization for such purposes from an
appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and
insurance requirements.--
``(i) In general.--When using, or causing
to be used, any vehicle for the purpose of
providing transportation to which this
subparagraph applies, each employer shall--
``(I) ensure that each such vehicle
conforms to the standards prescribed by
the Secretary of Labor under section
401(b) of the Migrant and Seasonal
Agricultural Worker Protection Act (29
U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has
a valid and appropriate license, as
provided by State law, to operate the
vehicle; and
``(III) have an insurance policy or
a liability bond that is in effect
which insures the employer against
liability for damage to persons or
property arising from the ownership,
operation, or causing to be operated,
of any vehicle used to transport any H-
2A worker.
``(ii) Amount of insurance required.--The
level of insurance required shall be determined
by the Secretary of Labor pursuant to
regulations to be issued under this subsection.
``(iii) Effect of workers' compensation
coverage.--If the employer of any H-2A worker
provides workers' compensation coverage for
such worker in the case of bodily injury or
death as provided by State law, the following
adjustments in the requirements of subparagraph
(B)(i)(III) relating to having an insurance
policy or liability bond apply:
``(I) No insurance policy or
liability bond shall be required of the
employer, if such workers are
transported only under circumstances
for which there is coverage under such
State law.
``(II) An insurance policy or
liability bond shall be required of the
employer for circumstances under which
coverage for the transportation of such
workers is not provided under such
State law.
``(c) Compliance With Labor Laws.--An employer shall assure that,
except as otherwise provided in this section, the employer will comply
with all applicable Federal, State, and local labor laws, including
laws affecting migrant and seasonal agricultural workers, with respect
to all United States workers and alien workers employed by the
employer, except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the worker,
not later than the day the work commences, a copy of the employer's
application and job offer described in section 218(a), or, if the
employer will require the worker to enter into a separate employment
contract covering the employment in question, such separate employment
contract.
``(e) Range Production of Livestock.--Nothing in this section,
section 218, or section 218F shall preclude the Secretary of Labor and
the Secretary from continuing to apply special procedures and
requirements to the admission and employment of aliens in occupations
involving the range production of livestock.
``SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A
WORKERS.
``(a) Petitioning for Admission.--An employer, or an association
acting as an agent or joint employer for its members, that seeks the
admission into the United States of an H-2A worker may file a petition
with the Secretary. The petition shall be accompanied by an accepted
and currently valid certification provided by the Secretary of Labor
under section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The Secretary shall
establish a procedure for expedited adjudication of petitions filed
under subsection (a) and within 7 working days shall, by fax, cable, or
other means assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of approved
petitions, to the appropriate immigration officer at the port of entry
or United States consulate (as the case may be) where the petitioner
has indicated that the alien beneficiary (or beneficiaries) will apply
for a visa or admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218E,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this
section, including the requirement to promptly depart
the United States when the alien's authorized period of
admission under this section has expired; or
``(B) otherwise violated a term or condition of
admission into the United States as a nonimmigrant,
including overstaying the period of authorized
admission as such a nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously
been admitted into the United States pursuant to this
section, and who is otherwise eligible for admission in
accordance with paragraphs (1) and (2), shall not be
deemed inadmissible by virtue of section 212(a)(9)(B).
If an alien described in the preceding sentence is
present in the United States, the alien may apply from
abroad for H-2A status, but may not be granted that
status in the United States.
``(B) Maintenance of waiver.--An alien provided an
initial waiver of ineligibility pursuant to
subparagraph (A) shall remain eligible for such waiver
unless the alien violates the terms of this section or
again becomes ineligible under section 212(a)(9)(B) by
virtue of unlawful presence in the United States after
the date of the initial waiver of ineligibility
pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the work site and a period of 14 days
following the period of employment for the purpose of departure
or extension based on a subsequent offer of employment, except
that--
``(A) the alien is not authorized to be employed
during such 14-day period except in the employment for
which the alien was previously authorized; and
``(B) the total period of employment, including
such 14-day period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the alien
under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the employment
which was the basis for such admission or status shall be
considered to have failed to maintain nonimmigrant status as an
H-2A worker and shall depart the United States or be subject to
removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely abandons
employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of State
shall promptly issue a visa to, and the Secretary shall admit
into the United States, an eligible alien designated by the
employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates
employment; or
``(B) whose employment is terminated after a United
States worker is employed pursuant to section
218(b)(2)(H)(iii), if the United States worker
voluntarily departs before the end of the period of
intended employment or if the employment termination is
for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify such
person's proper identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably
determining whether--
``(i) the individual with the
identification and employment eligibility
document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is
being verified is claiming the identity of
another person; and
``(iii) the individual whose eligibility is
being verified is authorized to be admitted
into, and employed in, the United States as an
H-2A worker.
``(B) The document shall be in a form that is
resistant to counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of
the Secretary for the purpose of excluding
aliens from benefits for which they are not
eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement
databases to determine if the alien has been
convicted of criminal offenses.
``(h) Extension of Stay of H-2A Aliens in the United States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the
date of the alien's last admission to the United States
under this section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present
in the United States may commence the employment
described in a petition under paragraph (1) on the date
on which the petition is filed.
``(B) Definition.--For purposes of subparagraph
(A), the term `file' means sending the petition by
certified mail via the United States Postal Service,
return receipt requested, or delivered by guaranteed
commercial delivery which will provide the employer
with a documented acknowledgment of the date of receipt
of the petition.
``(C) Handling of petition.--The employer shall
provide a copy of the employer's petition to the alien,
who shall keep the petition with the alien's
identification and employment eligibility document as
evidence that the petition has been filed and that the
alien is authorized to work in the United States.
``(D) Approval of petition.--Upon approval of a
petition for an extension of stay or change in the
alien's authorized employment, the Secretary shall
provide a new or updated employment eligibility
document to the alien indicating the new validity date,
after which the alien is not required to retain a copy
of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment eligibility
document, together with a copy of a petition for extension of
stay or change in the alien's authorized employment that
complies with the requirements of paragraph (1), shall
constitute a valid work authorization document for a period of
not more than 60 days beginning on the date on which such
petition is filed, after which time only a currently valid
identification and employment eligibility document shall be
acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous
period of authorized status as an H-2A worker
(including any extensions) is 3 years.
``(B) Requirement to remain outside the united
states.--
``(i) In general.--Subject to clause (ii),
in the case of an alien outside the United
States whose period of authorized status as an
H-2A worker (including any extensions) has
expired, the alien may not again apply for
admission to the United States as an H-2A
worker unless the alien has remained outside
the United States for a continuous period equal
to at least \1/5\ the duration of the alien's
previous period of authorized status as an H-2A
worker (including any extensions).
``(ii) Exception.--Clause (i) shall not
apply in the case of an alien if the alien's
period of authorized status as an H-2A worker
(including any extensions) was for a period of
not more than 10 months and such alien has been
outside the United States for at least 2 months
during the 12 months preceding the date the
alien again is applying for admission to the
United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders, Goat
Herders, or Dairy Workers.--Notwithstanding any provision of the
Agricultural Job Opportunities, Benefits, and Security Act of 2006, an
alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a
sheepherder, goat herder, or dairy worker--
``(1) may be admitted for an initial period of 12 months;
``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years; and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for Aliens
Employed as Sheepherders, Goat Herders, or Dairy Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a
sheepherder, goat herder, or dairy worker;
``(B) who has maintained such nonimmigrant status
in the United States for a cumulative total of 36
months (excluding any period of absence from the United
States); and
``(C) who is seeking to receive an immigrant visa
under section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification under
section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of an eligible
alien; or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)((3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment of
status based on the approval of such a petition, shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary of Homeland
Security shall extend the stay of an eligible alien having a
pending or approved classification petition described in
paragraph (2) in 1-year increments until a final determination
is made on the alien's eligibility for adjustment of status to
that of an alien lawfully admitted for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking adjustment
of status in accordance with any other provision of law.
``SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.
``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--
The Secretary of Labor shall establish a process for
the receipt, investigation, and disposition of
complaints respecting a petitioner's failure to meet a
condition specified in section 218(b), or an employer's
misrepresentation of material facts in an application
under section 218(a). Complaints may be filed by any
aggrieved person or organization (including bargaining
representatives). No investigation or hearing shall be
conducted on a complaint concerning such a failure or
misrepresentation unless the complaint was filed not
later than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor
shall conduct an investigation under this subparagraph
if there is reasonable cause to believe that such a
failure or misrepresentation has occurred.
``(B) Determination on complaint.--Under such
process, the Secretary of Labor shall provide, within
30 days after the date such a complaint is filed, for a
determination as to whether or not a reasonable basis
exists to make a finding described in subparagraph (C),
(D), (E), or (H). If the Secretary of Labor determines
that such a reasonable basis exists, the Secretary of
Labor shall provide for notice of such determination to
the interested parties and an opportunity for a hearing
on the complaint, in accordance with section 556 of
title 5, United States Code, within 60 days after the
date of the determination. If such a hearing is
requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the
date of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary of Labor
may consolidate the hearings under this subparagraph on
such complaints.
``(C) Failures to meet conditions.--If the
Secretary of Labor finds, after notice and opportunity
for a hearing, a failure to meet a condition of
paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A),
(2)(B), or (2)(G) of section 218(b), a substantial
failure to meet a condition of paragraph (1)(C),
(1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $1,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of aliens
described in section 101(a)(15)(H)(ii)(a) for a
period of 1 year.
``(D) Willful failures and willful
misrepresentations.--If the Secretary of Labor finds,
after notice and opportunity for hearing, a willful
failure to meet a condition of section 218(b), a
willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $5,000 per violation) as
the Secretary of Labor determines to be
appropriate;
``(ii) the Secretary of Labor may seek
appropriate legal or equitable relief to
effectuate the purposes of subsection (d)(1);
and
``(iii) the Secretary may disqualify the
employer from the employment of H-2A workers
for a period of 2 years.
``(E) Displacement of united states workers.--If
the Secretary of Labor finds, after notice and
opportunity for hearing, a willful failure to meet a
condition of section 218(b) or a willful
misrepresentation of a material fact in an application
under section 218(a), in the course of which failure or
misrepresentation the employer displaced a United
States worker employed by the employer during the
period of employment on the employer's application
under section 218(a) or during the period of 30 days
preceding such period of employment--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $15,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of H-2A workers
for a period of 3 years.
``(F) Limitations on civil money penalties.--The
Secretary of Labor shall not impose total civil money
penalties with respect to an application under section
218(a) in excess of $90,000.
``(G) Failures to pay wages or required benefits.--
If the Secretary of Labor finds, after notice and
opportunity for a hearing, that the employer has failed
to pay the wages, or provide the housing allowance,
transportation, subsistence reimbursement, or guarantee
of employment, required under section 218E(b), the
Secretary of Labor shall assess payment of back wages,
or other required benefits, due any United States
worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or
other required benefits under section 218E(b) shall be
equal to the difference between the amount that should
have been paid and the amount that actually was paid to
such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218E.
``(b) Rights Enforceable by Private Right of Action.--H-2A workers
may enforce the following rights through the private right of action
provided in subsection (c), and no other right of action shall exist
under Federal or State law to enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218E(b)(1).
``(2) The reimbursement of transportation as required under
section 218E(b)(2).
``(3) The payment of wages required under section
218E(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in section
218E(c), compliance with which shall be governed by the
provisions of such laws.
``(5) The guarantee of employment required under section
218E(b)(4).
``(6) The motor vehicle safety requirements under section
218E(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service to
assist the parties in reaching a satisfactory resolution of all
issues involving all parties to the dispute. Upon a filing of
such request and giving of notice to the parties, the parties
shall attempt mediation within the period specified in
subparagraph (B).
``(A) Mediation services.--The Federal Mediation
and Conciliation Service shall be available to assist
in resolving disputes arising under subsection (b)
between H-2A workers and agricultural employers without
charge to the parties.
``(B) 90-day limit.--The Federal Mediation and
Conciliation Service may conduct mediation or other
non-binding dispute resolution activities for a period
not to exceed 90 days beginning on the date on which
the Federal Mediation and Conciliation Service receives
the request for assistance unless the parties agree to
an extension of this period of time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii),
there are authorized to be appropriated to the
Federal Mediation and Conciliation Service
$500,000 for each fiscal year to carry out this
section.
``(ii) Mediation.--Notwithstanding any
other provision of law, the Director of the
Federal Mediation and Conciliation Service is
authorized to conduct the mediation or other
dispute resolution activities from any other
appropriated funds available to the Director
and to reimburse such appropriated funds when
the funds are appropriated pursuant to this
authorization, such reimbursement to be
credited to appropriations currently available
at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court of
the United States having jurisdiction of the parties, without
regard to the amount in controversy, without regard to the
citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a complaint
based on the same violation filed with the Secretary of Labor
under subsection (a)(1) is withdrawn before the filing of such
action, in which case the rights and remedies available under
this subsection shall be exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement, except
that no court or administrative action shall be available under
any State contract law to enforce the rights created by this
Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act shall
be void as contrary to public policy, except that a waiver or
modification of the rights or obligations in favor of the
Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes or
litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable
under subsection (b), it shall award actual damages, if
any, or equitable relief.
``(B) Any civil action brought under this section
shall be subject to appeal as provided in chapter 83 of
title 28, United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this
section, where a State's workers' compensation law is
applicable and coverage is provided for an H-2A worker,
the workers' compensation benefits shall be the
exclusive remedy for the loss of such worker under this
section in the case of bodily injury or death in
accordance with such State's workers' compensation law.
``(B) The exclusive remedy prescribed in
subparagraph (A) precludes the recovery under paragraph
(6) of actual damages for loss from an injury or death
but does not preclude other equitable relief, except
that such relief shall not include back or front pay or
in any manner, directly or indirectly, expand or
otherwise alter or affect--
``(i) a recovery under a State workers'
compensation law; or
``(ii) rights conferred under a State
workers' compensation law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for such
injury or death under subsection (c) shall be tolled for the
period during which the claim for such injury or death under
such State workers' compensation law was pending. The statute
of limitations for an action for actual damages or other
equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury or
death was pending under the State workers' compensation law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this section
or any finding by the Secretary of Labor under subsection
(a)(1)(B) shall preclude any right of action arising out of the
same facts between the parties under any Federal or State court
or administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection, includes
a former employee and an applicant for employment) because the
employee has disclosed information to the employer, or to any
other person, that the employee reasonably believes evidences a
violation of section 218 or 218E or any rule or regulation
pertaining to section 218 or 218E, or because the employee
cooperates or seeks to cooperate in an investigation or other
proceeding concerning the employer's compliance with the
requirements of section 218 or 218E or any rule or regulation
pertaining to either of such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker has,
with just cause, filed a complaint with the Secretary of Labor
regarding a denial of the rights enumerated and enforceable
under subsection (b) or instituted, or caused to be instituted,
a private right of action under subsection (c) regarding the
denial of the rights enumerated under subsection (b), or has
testified or is about to testify in any court proceeding
brought under subsection (c).
``(e) Authorization to Seek Other Appropriate Employment.--The
Secretary of Labor and the Secretary shall establish a process under
which an H-2A worker who files a complaint regarding a violation of
subsection (d) and is otherwise eligible to remain and work in the
United States may be allowed to seek other appropriate employment in
the United States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such application,
and for complying with the terms and conditions of sections 218
and 218E, as though the employer had filed the application
itself. If such an employer is determined, under this section,
to have committed a violation, the penalty for such violation
shall apply only to that member of the association unless the
Secretary of Labor determines that the association or other
member participated in, had knowledge, or reason to know, of
the violation, in which case the penalty shall be invoked
against the association or other association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under this
section, the penalty for such violation shall apply only to the
association unless the Secretary of Labor determines that an
association member or members participated in or had knowledge,
or reason to know of the violation, in which case the penalty
shall be invoked against the association member or members as
well.
``SEC. 218H. DEFINITIONS.
``For purposes of this section, section 218, and sections 218E
through 218G:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered to
be agricultural under section 3(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under
section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C.
3121(g)). For purposes of this paragraph, agricultural
employment includes employment under section
101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
``(6) H-2a employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2a worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
``(9) Lays off.--
``(A) In general.--The term `lays off', with
respect to a worker--
``(i) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace
rules, cause, voluntary departure, voluntary
retirement, contract impossibility (as
described in section 218E(b)(4)(D)), or
temporary layoffs due to weather, markets, or
other temporary conditions; but
``(ii) does not include any situation in
which the worker is offered, as an alternative
to such loss of employment, a similar
employment opportunity with the same employer
(or, in the case of a placement of a worker
with another employer under section
218(b)(2)(E), with either employer described in
such section) at equivalent or higher
compensation and benefits than the position
from which the employee was discharged,
regardless of whether or not the employee
accepts the offer.
``(B) Statutory construction.--Nothing in this
paragraph is intended to limit an employee's rights
under a collective bargaining agreement or other
employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of
the year; and
``(B) from its nature, it may not be continuous or
carried on throughout the year.
``(12) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10 months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or any
other alien, who is authorized to work in the job opportunity
within the United States, except an alien admitted or otherwise
provided status under section 101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents (8 U.S.C. 1101 et
seq.) is amended--
(1) by striking the item relating to section 218 and
inserting the following:
``Sec. 218. H-2A employer applications.''; and
(2) by inserting after the item relating to section 218D,
as added by section 601 of this Act, the following:
``Sec. 218E. H-2A employment requirements.
``Sec. 218F. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218G. Worker protections and labor standards enforcement.
``Sec. 218H. Definitions.''.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 616. DETERMINATION AND USE OF USER FEES.
(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of aliens
under this subtitle and the amendments made by this subtitle, and a
collection process for such fees from employers participating in the
program provided under this subtitle. Such fees shall be the only fees
chargeable to employers for services provided under this subtitle.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as added by section 615 of
this Act, and sufficient to provide for the direct costs of
providing services related to an employer's authorization to
employ eligible aliens pursuant to this subtitle, to include
the certification of eligible employers, the issuance of
documentation, and the admission of eligible aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such
a schedule, the Secretary shall comply with Federal
cost accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall
publish in the Federal Register an initial fee schedule
and associated collection process and the cost data or
estimates upon which such fee schedule is based, and
any subsequent amendments thereto, pursuant to which
public comment shall be sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision of law,
all proceeds resulting from the payment of the alien employment user
fees shall be available without further appropriation and shall remain
available without fiscal year limitation to reimburse the Secretary,
the Secretary of State, and the Secretary of Labor for the costs of
carrying out sections 218 and 218F of the Immigration and Nationality
Act, as added by section 615 of this Act, and the provisions of this
subtitle.
SEC. 617. REGULATIONS.
(a) Regulations of the Secretary.--The Secretary shall consult with
the Secretary of Labor and the Secretary of Agriculture on all
regulations to implement the duties of the Secretary under this
subtitle and the amendments made by this subtitle.
(b) Regulations of the Secretary of State.--The Secretary of State
shall consult with the Secretary, the Secretary of Labor, and the
Secretary of Agriculture on all regulations to implement the duties of
the Secretary of State under this subtitle and the amendments made by
this subtitle.
(c) Regulations of the Secretary of Labor.--The Secretary of Labor
shall consult with the Secretary of Agriculture and the Secretary on
all regulations to implement the duties of the Secretary of Labor under
this subtitle and the amendments made by this subtitle.
(d) Deadline for Issuance of Regulations.--All regulations to
implement the duties of the Secretary, the Secretary of State, and the
Secretary of Labor created under sections 218, 218E, 218F, and 218G of
the Immigration and Nationality Act, as added by section 615 of this
Act, shall take effect on the effective date of section 615 and shall
be issued not later than 1 year after the date of enactment of this
Act.
SEC. 618. REPORT TO CONGRESS.
Not later than September 30 of each year, the Secretary shall
submit a report to Congress that identifies, for the previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218F(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218F(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 613(a);
(5) the number of such aliens whose status was adjusted
under section 613(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 613(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 613(c).
SEC. 619. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, sections 615 and 616
shall take effect 1 year after the date of the enactment of this Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prepare and submit to the
appropriate committees of Congress a report that describes the measures
being taken and the progress made in implementing this subtitle.
Subtitle C--DREAM Act
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ``Development, Relief, and
Education for Alien Minors Act of 2006'' or the ``DREAM Act of 2006''.
SEC. 622. DEFINITIONS.
In this subtitle:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title 10,
United States Code.
SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
CHILDREN.
(a) Special Rule for Certain Long-Term Residents Who Entered the
United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this subtitle, the
Secretary may cancel removal of, and adjust to the status of an
alien lawfully admitted for permanent residence, subject to the
conditional basis described in section 625, an alien who is
inadmissible or deportable from the United States, if the alien
demonstrates that--
(A) the alien has been physically present in the
United States for a continuous period of not less than
5 years immediately preceding the date of enactment of
this Act, and had not yet reached the age of 16 years
at the time of initial entry;
(B) the alien has been a person of good moral
character since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or
(6)(G) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), or, if
inadmissible solely under subparagraph (C) or
(F) of paragraph (6) of such subsection, the
alien was under the age of 16 years at the time
the violation was committed; and
(ii) is not deportable under paragraph
(1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D),
(4), or (6) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C.
1227(a)), or, if deportable solely under
subparagraphs (C) or (D) of paragraph (3) of
such subsection, the alien was under the age of
16 years at the time the violation was
committed;
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the
United States, or has earned a high school diploma or
obtained a general education development certificate in
the United States; and
(E) the alien has never been under a final
administrative or judicial order of exclusion,
deportation, or removal, unless the alien has remained
in the United States under color of law or received the
order before attaining the age of 16 years.
(2) Waiver.--The Secretary may waive the grounds of
ineligibility under section 212(a)(6) of the Immigration and
Nationality Act and the grounds of deportability under
paragraphs (1), (3), and (6) of section 237(a) of that Act for
humanitarian purposes or family unity or when it is otherwise
in the public interest.
(3) Procedures.--The Secretary shall provide a procedure by
regulation allowing eligible individuals to apply affirmatively
for the relief available under this subsection without being
placed in removal proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous physical
presence in the United States of an alien who applies for cancellation
of removal under this section shall not terminate when the alien is
served a notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from the
United States for any period in excess of 90 days or for any
periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary may extend the time periods described in paragraph
(1) if the alien demonstrates that the failure to timely return
to the United States was due to exceptional circumstances. The
exceptional circumstances determined sufficient to justify an
extension should be no less compelling than serious illness of
the alien, or death or serious illness of a parent,
grandparent, sibling, or child.
(d) Exemption From Numerical Limitations.--Nothing in this section
may be construed to apply a numerical limitation on the number of
aliens who may be eligible for cancellation of removal or adjustment of
status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall publish
proposed regulations implementing this section. Such
regulations shall be effective immediately on an interim basis,
but are subject to change and revision after public notice and
opportunity for a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance with
paragraph (1), the Secretary shall publish final regulations
implementing this section.
(f) Removal of Alien.--The Secretary may not remove any alien who
has a pending application for conditional status under this subtitle.
SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section 626,
an alien whose status has been adjusted under section 624 to
that of an alien lawfully admitted for permanent residence
shall be considered to have obtained such status on a
conditional basis subject to the provisions of this section.
Such conditional permanent resident status shall be valid for a
period of 6 years, subject to termination under subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At
the time an alien obtains permanent resident status on
a conditional basis under paragraph (1), the Secretary
shall provide for notice to the alien regarding the
provisions of this section and the requirements of
subsection (c) to have the conditional basis of such
status removed.
(B) Effect of failure to provide notice.--The
failure of the Secretary to provide a notice under this
paragraph--
(i) shall not affect the enforcement of the
provisions of this subtitle with respect to the
alien; and
(ii) shall not give rise to any private
right of action by the alien.
(b) Termination of Status.--
(1) In general.--The Secretary shall terminate the
conditional permanent resident status of any alien who obtained
such status under this subtitle, if the Secretary determines
that the alien--
(A) ceases to meet the requirements of subparagraph
(B) or (C) of section 624(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than
honorable discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the alien
had immediately prior to receiving conditional permanent
resident status under this subtitle.
(c) Requirements of Timely Petition for Removal of Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under subsection
(a) to be removed, the alien must file with the Secretary, in
accordance with paragraph (3), a petition which requests the
removal of such conditional basis and which provides, under
penalty of perjury, the facts and information so that the
Secretary may make the determination described in paragraph
(2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in
accordance with paragraph (1) for an alien, the
Secretary shall make a determination as to whether the
alien meets the requirements set out in subparagraphs
(A) through (E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the
alien meets such requirements, the Secretary shall
notify the alien of such determination and immediately
remove the conditional basis of the status of the
alien.
(C) Termination if adverse determination.--If the
Secretary determines that the alien does not meet such
requirements, the Secretary shall notify the alien of
such determination and terminate the conditional
permanent resident status of the alien as of the date
of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the granting
of conditional permanent resident status or any other
expiration date of the conditional permanent resident status as
extended by the Secretary in accordance with this subtitle. The
alien shall be deemed in conditional permanent resident status
in the United States during the period in which the petition is
pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary to determine whether each of the following
requirements is met:
(A) The alien has demonstrated good moral character
during the entire period the alien has been a
conditional permanent resident.
(B) The alien is in compliance with section
624(a)(1)(C).
(C) The alien has not abandoned the alien's
residence in the United States. The Secretary shall
presume that the alien has abandoned such residence if
the alien is absent from the United States for more
than 365 days, in the aggregate, during the period of
conditional residence, unless the alien demonstrates
that alien has not abandoned the alien's residence. An
alien who is absent from the United States due to
active service in the uniformed services has not
abandoned the alien's residence in the United States
during the period of such service.
(D) The alien has completed at least 1 of the
following:
(i) The alien has acquired a degree from an
institution of higher education in the United
States or has completed at least 2 years, in
good standing, in a program for a bachelor's
degree or higher degree in the United States.
(ii) The alien has served in the uniformed
services for at least 2 years and, if
discharged, has received an honorable
discharge.
(E) The alien has provided a list of all of the
secondary educational institutions that the alien
attended in the United States.
(2) Hardship exception.--
(A) In general.--The Secretary may, in the
Secretary's discretion, remove the conditional status
of an alien if the alien--
(i) satisfies the requirements of
subparagraphs (A), (B), and (C) of paragraph
(1);
(ii) demonstrates compelling circumstances
for the inability to complete the requirements
described in paragraph (1)(D); and
(iii) demonstrates that the alien's removal
from the United States would result in
exceptional and extremely unusual hardship to
the alien or the alien's spouse, parent, or
child who is a citizen or a lawful permanent
resident of the United States.
(B) Extension.--Upon a showing of good cause, the
Secretary may extend the period of the conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--For
purposes of title III of the Immigration and Nationality Act (8 U.S.C.
1401 et seq.), in the case of an alien who is in the United States as a
lawful permanent resident on a conditional basis under this section,
the alien shall be considered to have been admitted as an alien
lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence. However, the conditional basis must be removed before the
alien may apply for naturalization.
SEC. 626. RETROACTIVE BENEFITS.
If, on the date of enactment of this Act, an alien has satisfied
all the requirements of subparagraphs (A) through (E) of section
624(a)(1) and section 625(d)(1)(D), the Secretary may adjust the status
of the alien to that of a conditional resident in accordance with
section 624. The alien may petition for removal of such condition at
the end of the conditional residence period in accordance with section
625(c) if the alien has met the requirements of subparagraphs (A), (B),
and (C) of section 625(d)(1) during the entire period of conditional
residence.
SEC. 627. EXCLUSIVE JURISDICTION.
(a) In General.--The Secretary shall have exclusive jurisdiction to
determine eligibility for relief under this subtitle, except where the
alien has been placed into deportation, exclusion, or removal
proceedings either prior to or after filing an application for relief
under this subtitle, in which case the Attorney General shall have
exclusive jurisdiction and shall assume all the powers and duties of
the Secretary until proceedings are terminated, or if a final order of
deportation, exclusion, or removal is entered the Secretary shall
resume all powers and duties delegated to the Secretary under this
subtitle.
(b) Stay of Removal of Certain Aliens Enrolled in Primary or
Secondary School.--The Attorney General shall stay the removal
proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 624(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant to
subsection (b) may be engaged in employment in the United States,
consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.),
and State and local laws governing minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay granted
pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).
SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.
Whoever files an application for relief under this subtitle and
willfully and knowingly falsifies, misrepresents, or conceals a
material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any false or fraudulent statement or entry, shall
be fined in accordance with title 18, United States Code, or imprisoned
not more than 5 years, or both.
SEC. 629. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--No officer or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this subtitle to initiate removal
proceedings against any persons identified in the application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this subtitle can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications filed
under this subtitle with a designated entity, that designated
entity, to examine applications filed under this subtitle.
(b) Required Disclosure.--The Attorney General or the Secretary
shall provide the information furnished under this section, and any
other information derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described in
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), when such information is
requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this subtitle shall provide that
applications under this subtitle will be considered on an expedited
basis and without a requirement for the payment by the applicant of any
additional fee for such expedited processing.
SEC. 631. HIGHER EDUCATION ASSISTANCE.
Notwithstanding any provision of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), with respect to assistance provided under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
an alien who adjusts status to that of a lawful permanent resident
under this subtitle shall be eligible only for the following assistance
under such title IV:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
SEC. 632. GAO REPORT.
Seven years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives, which sets forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 624(a);
(2) the number of aliens who applied for adjustment of
status under section 624(a);
(3) the number of aliens who were granted adjustment of
status under section 624(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 625.
Subtitle D--Grant Programs to Assist Nonimmigrant Workers
SEC. 641. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.
(a) Grants Authorized.--The Assistant Attorney General, Office of
Justice Programs, may award grants to qualified non-profit community
organizations to educate, train, and support non-profit agencies,
immigrant communities, and other interested entities regarding the
provisions of this Act and the amendments made by this Act.
(b) Use of Funds.--
(1) In general.--Grants awarded under this section shall be
used--
(A) for public education, training, technical
assistance, government liaison, and all related costs
(including personnel and equipment) incurred by the
grantee in providing services related to this Act; and
(B) to educate, train, and support nonprofit
organizations, immigrant communities, and other
interested parties regarding this Act and the
amendments made by this Act and on matters related to
its implementation.
(2) Education.--In addition to the purposes described in
paragraph (1), grants awarded under this section shall be used
to--
(A) educate immigrant communities and other
interested entities regarding--
(i) the individuals and organizations that
can provide authorized legal representation in
immigration matters under regulations
prescribed by the Secretary; and
(ii) the dangers of securing legal advice
and assistance from those who are not
authorized to provide legal representation in
immigration matters;
(B) educate interested entities regarding the
requirements for obtaining nonprofit recognition and
accreditation to represent immigrants under regulations
prescribed by the Secretary;
(C) provide nonprofit agencies with training and
technical assistance on the recognition and
accreditation process; and
(D) educate nonprofit community organizations,
immigrant communities, and other interested entities
regarding--
(i) the process for obtaining benefits
under this Act or under an amendment made by
this Act; and
(ii) the availability of authorized legal
representation for low-income persons who may
qualify for benefits under this Act or under an
amendment made by this Act.
(c) Diversity.--The Assistant Attorney General shall ensure, to the
extent possible, that the nonprofit community organizations receiving
grants under this section serve geographically diverse locations and
ethnically diverse populations who may qualify for benefits under the
Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of Justice Programs of the Department of
Justice such sums as may be necessary for each of the fiscal years 2007
through 2009 to carry out this section.
SEC. 642. FUNDING FOR THE OFFICE OF CITIZENSHIP.
(a) Authorization.--The Secretary, acting through the Director of
the Bureau of Citizenship and Immigration Services, is authorized to
establish the United States Citizenship and Immigration Foundation
(referred to in this subtitle as the ``Foundation'').
(b) Purpose.--The Foundation shall be incorporated in the District
of Columbia, exclusively for charitable and educational purposes to
support the functions of the Office of Citizenship of the Bureau of
Citizenship and Immigration Services.
(c) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the mission of
the Office of Citizenship.
SEC. 643. CIVICS INTEGRATION GRANT PROGRAM.
(a) In General.--The Secretary shall establish a competitive grant
program to provide financial assistance to nonprofit organizations,
including faith-based organizations, to support--
(1) efforts by entities certified by the Office of
Citizenship to provide civics and English as a second language
courses; and
(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 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.
SEC. 644. STRENGTHENING AMERICAN CITIZENSHIP.
(a) Short Title.--This section may be cited as the ``Strengthening
American Citizenship Act of 2006''.
(b) Definition.--In this section, the term ``Oath of Allegiance''
means the binding oath (or affirmation) of allegiance required to be
naturalized as a citizen of the United States, as prescribed in section
337(e) of the Immigration and Nationality Act, as added by subsection
(h)(1)(B).
(c) English Fluency.--
(1) Education grants.--
(A) Establishment.--The Chief of the Office of
Citizenship of the Department (referred to in this
paragraph as the ``Chief'') shall establish a grant
program to provide grants in an amount not to exceed
$500 to assist legal residents of the United States who
declare an intent to apply for citizenship in the
United States to meet the requirements under section
312 of the Immigration and Nationality Act (8 U.S.C.
1423).
(B) Use of funds.--Grant funds awarded under this
paragraph shall be paid directly to an accredited
institution of higher education or other qualified
educational institution (as determined by the Chief)
for tuition, fees, books, and other educational
resources required by a course on the English language
in which the legal resident is enrolled.
(C) Application.--A legal resident desiring a grant
under this paragraph shall submit an application to the
Chief at such time, in such manner, and accompanied by
such information as the Chief may reasonably require.
(D) Priority.--If insufficient funds are available
to award grants to all qualified applicants, the Chief
shall give priority based on the financial need of the
applicants.
(E) Notice.--The Secretary, upon relevant
registration of a legal resident with the Department,
shall notify such legal resident of the availability of
grants under this paragraph for legal residents who
declare an intent to apply for United States
citizenship.
(F) Definition.--For purposes of this subsection,
the term ``legal resident'' means a lawful permanent
resident or a lawfully admitted alien who, in order to
adjust status to that of a lawful permanent resident
must demonstrate a knowledge of the English language or
satisfactory pursuit of a course of study to acquire
such knowledge of the English language.
(2) Faster citizenship for english fluency.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who
demonstrates English fluency, in accordance with regulations prescribed
by the Secretary of Homeland Security, in consultation with the
Secretary of State, will satisfy the residency requirement under
subsection (a) upon the completion of 4 years of continuous legal
residency in the United States.''.
(3) Savings provision.--Nothing in this subsection shall be
construed to--
(A) modify the English language requirements for
naturalization under section 312(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)(1));
or
(B) influence the naturalization test redesign
process of the Office of Citizenship (except for the
requirement under subsection (h)(2)).
(d) American Citizenship Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide financial assistance for--
(A) efforts by entities (including veterans and
patriotic organizations) certified by the Office of
Citizenship to promote the patriotic integration of
prospective citizens into the American way of life by
providing civics, history, and English as a second
language courses, with a specific emphasis on
attachment to principles of the Constitution of the
United States, the heroes of American history
(including military heroes), and the meaning of the
Oath of Allegiance; and
(B) other activities approved by the Secretary to
promote the patriotic integration of prospective
citizens and the implementation of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), including
grants--
(i) to promote an understanding of the form
of government and history of the United States;
and
(ii) to promote an attachment to the
principles of the Constitution of the United
States and the well being and happiness of the
people of the United States.
(2) Acceptance of gifts.--The Secretary may accept and use
gifts from the United States Citizenship Foundation, if the
foundation is established under subsection (e), for grants
under this subsection.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(e) Funding for the Office of Citizenship.--
(1) Authorization.--The Secretary, 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 subsection 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.
(2) Dedicated funding.--
(A) In general.--Not less than 1.5 percent of the
funds made available to the Bureau of Citizenship and
Immigration Services from fees shall be dedicated to
the functions of the Office of Citizenship, which shall
include the patriotic integration of prospective
citizens into--
(i) American common values and traditions,
including an understanding of American history
and the principles of the Constitution of the
United States; and
(ii) civic traditions of the United States,
including the Pledge of Allegiance, respect for
the flag of the United States, and voting in
public elections.
(B) Sense of congress.--It is the sense of Congress
that dedicating increased funds to the Office of
Citizenship should not result in an increase in fees
charged by the Bureau of Citizenship and Immigration
Services.
(3) Gifts.--
(A) 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.
(B) From foundation.--The Office of Citizenship may
accept gifts from the Foundation to support the
functions of the Office.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the mission of the Office of Citizenship, including the
functions described in paragraph (2)(A).
(f) Restriction on Use of Funds.--No funds appropriated to carry
out a program under this subsection (d) or (e) may be used to organize
individuals for the purpose of political activism or advocacy.
(g) Reporting Requirement.--
(1) In general.--The Chief of the Office of Citizenship
shall submit an annual report to the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on
the Judiciary of the Senate, the Committee on Education and the
Workforce of the House of Representatives, and the Committee on
the Judiciary of the House of Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a list of the entities that have received funds
from the Office of Citizenship during the reporting
period under this section and the amount of funding
received by each such entity;
(B) an evaluation of the extent to which grants
received under this section successfully promoted an
understanding of--
(i) the English language; and
(ii) American history and government,
including the heroes of American history, the
meaning of the Oath of Allegiance, and an
attachment to the principles of the
Constitution of the United States; and
(C) information about the number of legal residents
who were able to achieve the knowledge described under
paragraph (2) as a result of the grants provided under
this section.
(h) Oath or Affirmation of Renunciation and Allegiance.--
(1) Revision of oath.--Section 337 (8 U.S.C. 1448) is
amended--
(A) in subsection (a), by striking ``under section
310(b) an oath'' and all that follows through
``personal moral code.'' and inserting ``under section
310(b), the oath (or affirmation) of allegiance
prescribed in subsection (e).''; and
(B) by adding at the end the following:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or
affirmation) of allegiance prescribed in this subsection is as follows:
`I take this oath solemnly, freely, and without any mental reservation.
I absolutely and entirely renounce all allegiance to any foreign state
or power of which I have been a subject or citizen. My fidelity and
allegiance from this day forward are to the United States of America. I
will bear true faith and allegiance to the Constitution and laws of the
United States, and will support and defend them against all enemies,
foreign and domestic. I will bear arms, or perform noncombatant
military or civilian service, on behalf of the United States when
required by law. This I do solemnly swear, so help me God.'.
``(2) If a person, by reason of religious training and belief (or
individual interpretation thereof) or for other reasons of good
conscience, cannot take the oath prescribed in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation'
shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to the
satisfaction of the Attorney General that such person, by reason of
religious training and belief, cannot take the oath prescribed in
paragraph (1)--
``(A) because such person is opposed to the bearing of arms
in the Armed Forces of the United States, the words `bear arms,
or' shall be omitted; and
``(B) because such person is opposed to any type of service
in the Armed Forces of the United States, the words `bear arms,
or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious training and
belief'--
``(A) means a belief of an individual in relation to a
Supreme Being involving duties superior to those arising from
any human relation; and
``(B) does not include essentially political, sociological,
or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of allegiance'
under this section shall be deemed to refer to the oath (or
affirmation) of allegiance prescribed under this subsection.''.
(2) History and government test.--The Secretary shall
incorporate a knowledge and understanding of the meaning of the
Oath of Allegiance into the history and government test given
to applicants for citizenship.
(3) Notice to foreign embassies.--Upon the naturalization
of a new citizen, the Secretary, in cooperation with the
Secretary of State, shall notify the embassy of the country of
which the new citizen was a citizen or subject that such
citizen has--
(A) renounced allegiance to that foreign country;
and
(B) sworn allegiance to the United States.
(4) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 6 months after the date
of enactment of this Act.
(i) Establishment of New Citizens Award Program.--
(1) Establishment.--There is established a new citizens
award program to recognize citizens who--
(A) have made an outstanding contribution to the
United States; and
(B) were naturalized during the 10-year period
ending on the date of such recognition.
(2) Presentation authorized.--
(A) In general.--The President is authorized to
present a medal, in recognition of outstanding
contributions to the United States, to citizens
described in paragraph (1).
(B) Maximum number of awards.--Not more than 10
citizens may receive a medal under this subsection in
any calendar year.
(3) Design and striking.--The Secretary of the Treasury
shall strike a medal with suitable emblems, devices, and
inscriptions, to be determined by the President.
(4) National medals.--The medals struck pursuant to this
subsection are national medals for purposes of chapter 51 of
title 31, United States Code.
(j) Naturalization Ceremonies.--
(1) In general.--The Secretary, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(2) Venues.--In developing the strategy under this
subsection, the Secretary shall consider the use of outstanding
and historic locations as venues for select naturalization
ceremonies.
(3) Reporting requirement.--The Secretary shall submit an
annual report to Congress that includes--
(A) the content of the strategy developed under
this subsection; and
(B) the progress made towards the implementation of
such strategy.
TITLE VII--MISCELLANEOUS
Subtitle A--Immigration Litigation Reduction
CHAPTER 1--APPEALS AND REVIEW
SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.
(a) Department of Homeland Security.--
(1) Trial attorneys.--In each of fiscal years 2007 through
2011, the Secretary shall, subject to the availability of
appropriations for such purpose, increase the number of
positions for attorneys in the Office of General Counsel of the
Department who represent the Department in immigration matters
by not less than 100 above the number of such positions for
which funds were made available during each preceding fiscal
year.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of fiscal years
2007 through 2011 such sums as may be necessary to carry out
this subsection.
(b) Department of Justice.--
(1) Litigation attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of positions for attorneys in the
Office of Immigration Litigation of the Department of Justice.
(2) United states attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of attorneys in the United States
Attorneys' office to litigate immigration cases in the Federal
courts.
(3) Immigration judges.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose--
(A) increase by not less than 20 the number of
full-time immigration judges compared to the number of
such positions for which funds were made available
during the preceding fiscal year; and
(B) increase by not less than 80 the number of
positions for personnel to support the immigration
judges described in subparagraph (A) compared to the
number of such positions for which funds were made
available during the preceding fiscal year.
(4) Staff attorneys.--In each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability
of appropriations for such purpose--
(A) increase by not less than 10 the number of
positions for full-time staff attorneys in the Board of
Immigration Appeals compared to the number of such
positions for which funds were made available during
the preceding fiscal year; and
(B) increase by not less than 10 the number of
positions for personnel to support the staff attorneys
described in subparagraph (A) compared to the number of
such positions for which funds were made available
during the preceding fiscal year
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General for each of the
fiscal years 2007 through 2011 such sums as may be necessary to
carry out this subsection, including the hiring of necessary
support staff.
(c) Administrative Office of the United States Courts.--In each of
the fiscal years 2007 through 2011, the Director of the Administrative
Office of the United States Courts shall, subject to the availability
of appropriations, increase by not less than 50 the number of attorneys
in the Federal Defenders Program who litigate criminal immigration
cases in the Federal courts.
CHAPTER 2--IMMIGRATION REVIEW REFORM
SEC. 702. BOARD OF IMMIGRATION APPEALS.
(a) Composition and Appointment.--Notwithstanding any other
provision of law, the Board of Immigration Appeals of the Department of
Justice (referred to in this section as the ``Board''), shall be
composed of a Chair and 22 other immigration appeals judges, who shall
be appointed by the Attorney General to 6-year, staggered, terms. Upon
the expiration of a term of office, a Board member may continue to act
until a successor has been appointed and qualified.
(b) Qualifications.--Each member of the Board, including the Chair,
shall--
(1) be an attorney in good standing of a bar of a State or
the District of Columbia;
(2) have at least--
(A) 7 years of professional, legal expertise; or
(B) 5 years of professional, legal expertise in
immigration and nationality law; and
(3) meet the minimum appointment requirements of an
administrative law judge under title 5, United States Code.
(c) Duties of the Chair.--The Chair of the Board, subject to the
supervision of the Director of the Executive Office for Immigration
Review, shall--
(1) be responsible, on behalf of the Board, for the
administrative operations of the Board and shall have the power
to appoint such administrative assistants, attorneys, clerks,
and other personnel as may be needed for that purpose;
(2) direct, supervise, and establish internal operating
procedures and policies of the Board;
(3) designate a member of the Board to act as Chair if the
Chair is absent or unavailable;
(4) adjudicate cases as a member of the Board;
(5) form 3-member panels as provided by subsection (g);
(6) direct that a case be heard en banc as provided by
subsection (h); and
(7) exercise such other authorities as the Director may
provide.
(d) Board Members Duties.--In deciding a case before the Board, the
Board--
(1) shall exercise independent judgment and discretion; and
(2) may take any action that is appropriate and necessary
for the disposition of such case that is consistent with the
authority provided in this section and any regulations
established in accordance with this section.
(e) Jurisdiction.--
(1) In general.--The Board shall have jurisdiction to hear
appeals described in section 1003.1(b) of title 8, Code of
Federal Regulations (or any corresponding similar regulation).
(2) Limitation.--The Board shall not have jurisdiction to
hear an appeal of a decision of an immigration judge for an
order of removal entered in absentia.
(f) Scope of Review.--
(1) Findings or fact.--The Board shall--
(A) accept findings of fact determined by an
immigration judge, including findings as to the
credibility of testimony, unless the findings are
clearly erroneous; and
(B) give due deference to an immigration judge's
application of the law to the facts.
(2) Questions of law.--The Board shall review de novo
questions of law, discretion, and judgment, and all other
issues in appeals from decisions of immigration judges.
(3) Appeals from officers' decisions.--
(A) Standard of review.--The Board shall review de
novo all questions arising in appeals from decisions
issued by officers of the Department.
(B) Prohibition of fact finding.--Except for taking
administrative notice of commonly known facts such as
current events or the contents of official documents,
the Board may not engage in fact-finding in the course
of deciding appeals.
(C) Remand.--A party asserting that the Board
cannot properly resolve an appeal without further fact-
finding shall file a motion for remand. If further
fact-finding is needed in a case, the Board shall
remand the proceeding to the immigration judge or, as
appropriate, to the Secretary.
(g) Panels.--
(1) In general.--Except as provided in paragraph (5) all
cases shall be subject to review by a 3-member panel. The Chair
shall divide the Board into 3-member panels and designate a
presiding member.
(2) Authority.--Each panel may exercise the appropriate
authority of the Board that is necessary for the adjudication
of cases before the Board.
(3) Quorum.--Two members appointed to a panel shall
constitute a quorum for such panel.
(4) Changes in composition.--The Chair may from time to
time make changes in the composition of a panel and of the
presiding member of a panel.
(5) Presiding member decisions.--The presiding member of a
panel may act alone on any motion as provided in paragraphs (3)
and (4) of subsection (i) and may not otherwise dismiss or
determine an appeal as a single Board member.
(h) En Banc Process.--
(1) In general.--The Board may on its own motion, by a
majority vote of the Board members, or by direction of the
Chair--
(A) consider any case as the full Board en banc; or
(B) reconsider as the full Board en banc any case
that has been considered or decided by a 3-member panel
or by a limited en banc panel.
(2) Quorum.--A majority of the Board members shall
constitute a quorum of the Board sitting en banc.
(i) Decisions of the Board.--
(1) Affirmance without opinion.--Upon individualized review
of a case, the Board may affirm the decision of an immigration
judge without opinion only if--
(A) the decision of the immigration judge resolved
all issues in the case;
(B) the issue on appeal is squarely controlled by
existing Board or Federal court precedent and does not
involve the application of precedent to a novel fact
situation;
(C) the factual and legal questions raised on
appeal are so insubstantial that the case does not
warrant the issuance of a written opinion in the case;
and
(D) the Board approves both the result reached in
the decision below and all of the reasoning of that
decision.
(2) Summary dismissal of appeals.--The 3-member panel or
the presiding member acting alone may summarily dismiss any
appeal or portion of any appeal in any case which--
(A) the party seeking the appeal fails to specify
the reasons for the appeal;
(B) the only reason for the appeal specified by
such party involves a finding of fact or a conclusion
of law that was conceded by that party at a prior
proceeding;
(C) the appeal is from an order that granted such
party the relief that had been requested;
(D) the appeal is determined to be filed for an
improper purpose, such as to cause unnecessary delay;
or
(E) the appeal lacks an arguable basis in fact or
in law and is not supported by a good faith argument
for extension, modification, or reversal of existing
law.
(3) Unopposed dispositions.--The 3-member panel or the
presiding member acting alone may--
(A) grant an unopposed motion or a motion to
withdraw an appeal pending before the Board; or
(B) adjudicate a motion to remand any appeal--
(i) from the decision of an officer of the
Department if the appropriate official of the
Department requests that the matter be remanded
back for further consideration;
(ii) if remand is required because of a
defective or missing transcript; or
(iii) if remand is required for any other
procedural or ministerial issue.
(4) Notice of right to appeal.--The decision by the Board
shall include notice to the alien of the alien's right to file
a petition for review in a United States Court of Appeals not
later than 30 days after the date of the decision.
SEC. 703. IMMIGRATION JUDGES.
(a) Appointment of Immigration Judges.--
(1) In general.--The Chief Immigration Judge (as described
in section 1003.9 of title 8, Code of Federal Regulations, or
any corresponding similar regulation) and other immigration
judges shall be appointed by the Attorney General to a 7-year
term. Upon the expiration of a term of office, the immigration
judge may continue to act until a successor has been appointed
and qualified.
(2) Qualifications.--Each immigration judge, including the
Chief Immigration Judge, shall be an attorney in good standing
of a bar of a State or the District of Columbia and shall have
at least 5 years of professional, legal expertise or at least 3
years professional or legal expertise in immigration and
nationality law.
(b) Jurisdiction.--An Immigration judge shall have the authority to
hear matters related to any removal proceeding pursuant to section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a) described in
section 1240.1(a) of title 8, Code of Federal Regulations (or any
corresponding similar regulation).
(c) Duties of Immigration Judges.--In deciding a case, an
immigration judge--
(1) shall exercise independent judgment and discretion; and
(2) may take any action that is appropriate and necessary
for the disposition of such case that is consistent with their
authorities under this section and regulations established in
accordance with this section.
(d) Review.--Decisions of immigration judges are subject to review
by the Board of Immigration Appeals in any case in which the Board has
jurisdiction.
SEC. 704. REMOVAL AND REVIEW OF JUDGES.
No immigration judge or member of the Board may be removed or
otherwise subject to disciplinary or adverse action for their exercise
of independent judgment and discretion as prescribed by this chapter.
SEC. 705. LEGAL ORIENTATION PROGRAM.
(a) Continued Operation.--The Director of the Executive Office for
Immigration Review shall continue to operate a legal orientation
program to provide basic information about immigration court procedures
for immigration detainees and shall expand the legal orientation
program to provide such information on a nationwide basis.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out such legal
orientation program.
SEC. 706. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General shall issue regulations to implement this
subtitle.
SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION APPEALS.
(a) In General.--The Comptroller General of the United States
shall, not later than 180 days after enactment of this Act, conduct a
study on the appellate process for immigration appeals.
(b) Requirements.--In conducting the study under subsection (a),
the Comptroller General shall consider the possibility of consolidating
all appeals from the Board of Immigration Appeals and habeas corpus
petitions in immigration cases into 1 United States Court of Appeals,
by--
(1) consolidating all such appeals into an existing circuit
court, such as the United States Court of Appeals for the
Federal Circuit;
(2) consolidating all such appeals into a centralized
appellate court consisting of active circuit court judges
temporarily assigned from the various circuits, in a manner
similar to the Foreign Intelligence Surveillance Court or the
Temporary Emergency Court of Appeals; or
(3) implementing a mechanism by which a panel of active
circuit court judges shall have the authority to reassign such
appeals from circuits with relatively high caseloads to
circuits with relatively low caseloads.
(c) Factors to Consider.--In conducting the study under subsection
(a), the Comptroller General, in consultation with the Attorney
General, the Secretary, and the Judicial Conference of the United
States, shall consider--
(1) the resources needed for each alternative, including
judges, attorneys and other support staff, case management
techniques including technological requirements, physical
infrastructure, and other procedural and logistical issues as
appropriate;
(2) the impact of each plan on various circuits, including
their caseload in general and caseload per panel;
(3) the possibility of utilizing case management techniques
to reduce the impact of any consolidation option, such as
requiring certificates of reviewability, similar to procedures
for habeas and existing summary dismissal procedures in local
rules of the courts of appeals;
(4) the effect of reforms in this Act on the ability of the
circuit courts to adjudicate such appeals;
(5) potential impact, if any, on litigants; and
(6) other reforms to improve adjudication of immigration
matters, including appellate review of motions to reopen and
reconsider, and attorney fee awards with respect to review of
final orders of removal.
Subtitle B--Citizenship Assistance for Members of the Armed Services
SEC. 711. SHORT TITLE.
This subtitle may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE
ARMED FORCES.
Notwithstanding any other provision of law or any regulation, the
Secretary shall use the fingerprints provided by an individual at the
time the individual enlists in the Armed Forces to satisfy any
requirement for fingerprints as part of an application for
naturalization if the individual--
(1) may be naturalized pursuant to section 328 or 329 of
the Immigration and Nationality Act (8 U.S.C. 1439 or 1440);
(2) was fingerprinted in accordance with the requirements
of the Department of Defense at the time the individual
enlisted in the Armed Forces; and
(3) submits an application for naturalization not later
than 12 months after the date the individual enlisted in the
Armed Forces.
SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE
ARMED FORCES.
(a) Citizenship Advocate.--The Secretary of Defense shall establish
the position of Citizenship Advocate at each Military Entry Processing
Station to provide information and assistance related to the
naturalization process to members of the Armed Forces. An individual
serving as a Citizenship Advocate may be a civilian.
(b) Written Materials.--The Secretary of Defense shall ensure that
written information describing the naturalization process for members
of the Armed Forces is provided to each individual who is not a citizen
of the United States at the time that the individual enlists in the
Armed Forces.
(c) Telephone Hot Line.--The Secretary shall--
(1) establish a dedicated toll free telephone service
available only to members of the Armed Forces and the families
of such members to provide information related to
naturalization pursuant to section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439 or 1440),
including the status of an application for such naturalization;
(2) ensure that the telephone service required by paragraph
(1) is operated by employees of the Department who--
(A) have received specialized training on the
naturalization process for members of the Armed Forces
and the families of such members; and
(B) are physically located in the same unit as the
military processing unit that adjudicates applications
for naturalization pursuant to such section 328 or 329;
and
(3) implement a quality control program to monitor, on a
regular basis, the accuracy and quality of information provided
by the employees who operate the telephone service required by
paragraph (1), including the breadth of the knowledge related
to the naturalization process of such employees.
SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.
Not later than 30 days after the date that a modification to any
law or regulation related to the naturalization process becomes
effective, the Secretary shall update the appropriate application form
for naturalization, the instructions and guidebook for obtaining
naturalization, and the Internet website maintained by the Secretary to
reflect such modification.
SEC. 715. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees a
report on the entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439 or 1440), including the process that
begins at the time the application is mailed to, or received by, the
Secretary, regardless of whether the Secretary determines that such
application is complete, through the final disposition of such
application. Such report shall include shall include a description of--
(1) the methods of the Secretary and the Secretary of
Defense to prepare, handle, and adjudicate such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Government or of
other entities, including contract employees, who have any role
in the such process or adjudication; and
(3) the ability of the Secretary and the Secretary of
Defense to use technology to facilitate or accomplish any
aspect of such process or adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this subtitle by
the Secretary and the Secretary of Defense, including studying
any technology that may be used to improve the efficiency of
the naturalization process for members of the Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this subtitle by the Secretary or the
Secretary of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
Subtitle C--State Court Interpreter Grant Program
SEC. 721. SHORT TITLE.
This subtitle may be cited as the ``State Court Interpreter Grant
Program Act''.
SEC. 722. FINDINGS.
Congress finds that--
(1) the fair administration of justice depends on the
ability of all participants in a courtroom proceeding to
understand that proceeding, regardless of their English
proficiency;
(2) 19 percent of the population of the United States over
5 years of age speaks a language other than English at home;
(3) only qualified court interpreters can ensure that
persons with limited English proficiency comprehend judicial
proceedings in which they are a party;
(4) the knowledge and skills required of a qualified court
interpreter differ substantially from those required in other
interpretation settings, such as social service, medical,
diplomatic, and conference interpreting;
(5) the Federal Government has demonstrated its commitment
to equal administration of justice regardless of English
proficiency;
(6) regulations implementing title VI of the Civil Rights
Act of 1964, as well as the guidance issued by the Department
of Justice pursuant to Executive Order 13166, issued August 11,
2000, clarify that all recipients of Federal financial
assistance, including State courts, are required to take
reasonable steps to provide meaningful access to their
proceedings for persons with limited English proficiency;
(7) 34 States have developed, or are developing, court
interpreting programs;
(8) robust, effective court interpreter programs--
(A) actively recruit skilled individuals to be
court interpreters;
(B) train those individuals in the interpretation
of court proceedings;
(C) develop and use a thorough, systematic
certification process for court interpreters; and
(D) have sufficient funding to ensure that a
qualified interpreter will be available to the court
whenever necessary; and
(9) Federal funding is necessary to--
(A) encourage State courts that do not have court
interpreter programs to develop them;
(B) assist State courts with nascent court
interpreter programs to implement them;
(C) assist State courts with limited court
interpreter programs to enhance them; and
(D) assist State courts with robust court
interpreter programs to make further improvements and
share successful programs with other States.
SEC. 723. STATE COURT INTERPRETER PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Administrator of the Office of Justice
Programs of the Department of Justice (referred to in this
section as the ``Administrator'') shall make grants, in
accordance with such regulations as the Attorney General may
prescribe, to State courts to develop and implement programs to
assist individuals with limited English proficiency to access
and understand State court proceedings in which they are a
party.
(2) Technical assistance.--The Administrator shall
allocate, for each fiscal year, $500,000 of the amount
appropriated pursuant to section 4 to be used to establish a
court interpreter technical assistance program to assist State
courts receiving grants under this subtitle.
(b) Use of Grants.--Grants awarded under subsection (a) may be used
by State courts to--
(1) assess regional language demands;
(2) develop a court interpreter program for the State
courts;
(3) develop, institute, and administer language
certification examinations;
(4) recruit, train, and certify qualified court
interpreters;
(5) pay for salaries, transportation, and technology
necessary to implement the court interpreter program developed
under paragraph (2); and
(6) engage in other related activities, as prescribed by
the Attorney General.
(c) Application.--
(1) In general.--The highest State court of each State
desiring a grant under this section shall submit an application
to the Administrator at such time, in such manner, and
accompanied by such information as the Administrator may
reasonably require.
(2) State courts.--The highest State court of each State
submitting an application under paragraph (1) shall include in
the application--
(A) an identification of each State court in that
State which would receive funds from the grant;
(B) the amount of funds each State court identified
under subparagraph (A) would receive from the grant;
and
(C) the procedures the highest State court would
use to directly distribute grant funds to State courts
identified under subparagraph (A).
(d) State Court Allotments.--
(1) Base allotment.--From amounts appropriated for each
fiscal year pursuant to section 724, the Administrator shall
allocate $100,000 to each of the highest State court of each
State, which has an application approved under subsection (c).
(2) Discretionary allotment.--From amounts appropriated for
each fiscal year pursuant to section 724, the Administrator
shall allocate a total of $5,000,000 to the highest State court
of States that have extraordinary needs that must be addressed
in order to develop, implement, or expand a State court
interpreter program.
(3) Additional allotment.--In addition to the allocations
made under paragraphs (1) and (2), the Administrator shall
allocate to each of the highest State court of each State,
which has an application approved under subsection (c), an
amount equal to the product reached by multiplying--
(A) the unallocated balance of the amount
appropriated for each fiscal year pursuant to section
724; and
(B) the ratio between the number of people over 5
years of age who speak a language other than English at
home in the State and the number of people over 5 years
of age who speak a language other than English at home
in all the States that receive an allocation under
paragraph (1), as those numbers are determined by the
Bureau of the Census.
SEC. 724. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for each of the
fiscal years 2007 through 2010 to carry out this subtitle.
Subtitle D--Border Infrastructure and Technology Modernization
SEC. 731. SHORT TITLE.
This subtitle may be cited as the ``Border Infrastructure and
Technology Modernization Act''.
SEC. 732. DEFINITIONS.
In this subtitle:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Customs and Border Protection of
the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement to Update.--Not later than January 31 of each year,
the Administrator of General Services shall update the Port of Entry
Infrastructure Assessment Study prepared by the Bureau of Customs and
Border Protection in accordance with the matter relating to the ports
of entry infrastructure assessment that is set out in the joint
explanatory statement in the conference report accompanying H.R. 2490
of the 106th Congress, 1st session (House of Representatives Rep. No.
106-319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies required in
subsection (a), the Administrator of General Services shall consult
with the Director of the Office of Management and Budget, the
Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 734; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the
United States.
(d) Project Implementation.--The Commissioner shall implement the
infrastructure and technology improvement projects described in
subsection (c) in the order of priority assigned to each project under
subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, such as immediate security needs or changes in
infrastructure in Mexico or Canada, compellingly alter the need for a
project in the United States.
SEC. 734. NATIONAL LAND BORDER SECURITY PLAN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, an annually thereafter, the Secretary, after
consultation with representatives of Federal, State, and local law
enforcement agencies and private entities that are involved in
international trade across the northern border or the southern border,
shall submit a National Land Border Security Plan to Congress.
(b) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a).
SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Secretary, shall develop a plan to expand the size and
scope, including personnel, of the Customs-Trade Partnership
Against Terrorism programs along the northern border and
southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs
administered by the Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall implement, on a demonstration basis, at
least 1 Customs-Trade Partnership Against Terrorism program,
which has been successfully implemented along the northern
border, along the southern border.
(b) Maquiladora Demonstration Program.--Not later than 180 days
after the date of enactment of this Act, the Commissioner shall
establish a demonstration program to develop a cooperative trade
security system to improve supply chain security.
SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary shall carry out a technology
demonstration program to--
(1) test and evaluate new port of entry technologies;
(2) refine port of entry technologies and operational
concepts; and
(3) train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology testing.--Under the technology demonstration
program, the Secretary shall test technologies that enhance
port of entry operations, including operations related to--
(A) inspections;
(B) communications;
(C) port tracking;
(D) identification of persons and cargo;
(E) sensory devices;
(F) personal detection;
(G) decision support; and
(H) the detection and identification of weapons of
mass destruction.
(2) Development of facilities.--At a demonstration site
selected pursuant to subsection (c)(2), the Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including--
(A) cross-training among agencies;
(B) advanced law enforcement training; and
(C) equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, at least 1 port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion to not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month during the 1-year period
ending on the date of the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary shall permit
personnel from an appropriate Federal or State agency to utilize a
demonstration site described in subsection (c) to test technologies
that enhance port of entry operations, including technologies described
in subparagraphs (A) through (H) of subsection (b)(1).
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report submitted under paragraph (1)
shall include an assessment by the Secretary of the feasibility
of incorporating any demonstrated technology for use throughout
the Bureau of Customs and Border Protection.
SEC. 737. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
(1) such sums as may be necessary for the fiscal years 2007
through 2011 to carry out the provisions of section 733(a);
(2) to carry out section 733(d)--
(A) $100,000,000 for each of the fiscal years 2007
through 2011; and
(B) such sums as may be necessary in any succeeding
fiscal year;
(3) to carry out section 735(a)--
(A) $30,000,000 for fiscal year 2007, of which
$5,000,000 shall be made available to fund the
demonstration project established in section 736(a)(2);
and
(B) such sums as may be necessary for the fiscal
years 2008 through 2011; and
(4) to carry out section 735(b)--
(A) $5,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for the fiscal
years 2008 through 2011; and
(5) to carry out section 736, provided that not more than
$10,000,000 may be expended for technology demonstration
program activities at any 1 port of entry demonstration site in
any fiscal year--
(A) $50,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the
fiscal years 2008 through 2011.
(b) International Agreements.--Amounts authorized to be
appropriated under this subtitle may be used for the implementation of
projects described in the Declaration on Embracing Technology and
Cooperation to Promote the Secure and Efficient Flow of People and
Commerce across our Shared Border between the United States and Mexico,
agreed to March 22, 2002, Monterrey, Mexico (commonly known as the
Border Partnership Action Plan) or the Smart Border Declaration between
the United States and Canada, agreed to December 12, 2001, Ottawa,
Canada that are consistent with the provisions of this subtitle.
Subtitle E--Family Humanitarian Relief
SEC. 741. SHORT TITLE.
This subtitle may be cited as the ``September 11 Family
Humanitarian Relief and Patriotism Act''.
SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF
TERRORISM.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary to that of an
alien lawfully admitted for permanent residence, if the alien--
(A) applies for such adjustment not later than 2
years after the date on which the Secretary promulgates
final regulations to implement this section; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(2) Rules in applying certain provisions.--
(A) In general.--In the case of an alien described
in subsection (b) who is applying for adjustment of
status under this section--
(i) the provisions of section 241(a)(5) of
the Immigration and Nationality Act (8 U.S.C.
1231(a)(5)) shall not apply; and
(ii) the Secretary may grant the alien a
waiver on the grounds of inadmissibility under
subparagraphs (A) and (C) of section 212(a)(9)
of such Act (8 U.S.C. 1182(a)(9)).
(B) Standards.--In granting waivers under
subparagraph (A)(ii), the Secretary shall use standards
used in granting consent under subparagraphs (A)(iii)
and (C)(ii) of such section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the
United States who has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, apply for adjustment of
status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such
order.
(C) Effect of decision.--If the Secretary grants a
request under subparagraph (A), the Secretary shall
cancel the order. If the Secretary renders a final
administrative decision to deny the request, the order
shall be effective and enforceable to the same extent
as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) on such date; and
(B) died as a direct result of a specified
terrorist activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary shall establish, by
regulation, a process by which an alien subject to a final
order of removal may seek a stay of such order based on the
filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Secretary shall not order any alien to be removed
from the United States, if the alien is in removal proceedings
under any provision of such Act and has applied for adjustment
of status under subsection (a), except where the Secretary has
rendered a final administrative determination to deny the
application.
(3) Work authorization.--The Secretary shall authorize an
alien who has applied for adjustment of status under subsection
(a) to engage in employment in the United States during the
pendency of such application.
(d) Availability of Administrative Review.--The Secretary shall
provide to applicants for adjustment of status under subsection (a) the
same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF
TERRORISM.
(a) In General.--Subject to the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1),
(d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the
Secretary shall, under such section 240A, cancel the removal of, and
adjust to the status of an alien lawfully admitted for permanent
residence, an alien described in subsection (b), if the alien applies
for such relief.
(b) Aliens Eligible for Cancellation of Removal.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as a
direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary shall provide by regulation
for an alien subject to a final order of removal to seek a stay
of such order based on the filing of an application under
subsection (a).
(2) Work authorization.--The Secretary shall authorize an
alien who has applied for cancellation of removal under
subsection (a) to engage in employment in the United States
during the pendency of such application.
(d) Motions to Reopen Removal Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an aggravated
felony (as defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has
become eligible for cancellation of removal as a result of the
enactment of this section may file 1 motion to reopen removal
proceedings to apply for such relief.
(2) Filing period.--The Secretary shall designate a
specific time period in which all such motions to reopen are
required to be filed. The period shall begin not later than 60
days after the date of enactment of this Act and shall extend
for a period not to exceed 240 days.
SEC. 744. EXCEPTIONS.
Notwithstanding any other provision of this subtitle, an alien may
not be provided relief under this subtitle if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any individual
culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).
SEC. 745. EVIDENCE OF DEATH.
For purposes of this subtitle, the Secretary shall use the
standards established under section 426 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (115
Stat. 362) in determining whether death occurred as a direct result of
a specified terrorist activity.
SEC. 746. DEFINITIONS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this subtitle, the
definitions used in the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), other than the definitions applicable exclusively to title
III of such Act, shall apply in the administration of this subtitle.
(b) Specified Terrorist Activity.--For purposes of this subtitle,
the term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001.
Subtitle F--Other Matters
SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.
Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440)
is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subsection (a) and (d)''; and
(2) by adding at the end the following:
``(d) Notwithstanding any other provision of law, except for
provisions relating to revocation of citizenship under subsection (c),
individuals who are not United States citizens shall not be denied the
opportunity to apply for membership in the United States Armed Forces.
Such individuals who become active duty members of the United States
Armed Forces shall, consistent with subsections (a) through (e) and
with the approval of their chain of command, be granted United States
citizenship after performing at least 2 years of honorable and
satisfactory service on active duty. Not later than 90 days after such
requirements are met with respect to an individual, such individual
shall be granted United States citizenship.
``(e) An alien described in subsection (d) shall be naturalized
without regard to the requirements of title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) and any other requirements,
processes, or procedures of the Immigration and Naturalization Service,
if the alien--
``(1) filed an application for naturalization in accordance
with such procedures to carry out this section as may be
established by regulation by the Secretary of Homeland Security
or the Secretary of Defense;
``(2) demonstrates to his or her military chain of command,
proficiency in the English language, good moral character, and
knowledge of the Federal Government and United States history,
consistent with the requirements contained in the Immigration
and Nationality Act; and
``(3) takes the oath required under section 337 of such Act
(8 U.S.C. 1448 et seq.) and participates in an oath
administration ceremony in accordance with such Act.''.
SEC. 752. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.
(a) In General.--Section 214(c)(4)(A) (8 U.S.C. 1184(c)(4)(A)) is
amended by striking clauses (i) and (ii) and inserting the following:
``(i)(I) performs as an athlete, individually or as part of
a group or team, at an internationally recognized level of
performance,
``(II) is a professional athlete, as defined in section
204(i)(2),
``(III) performs as an athlete, or as a coach, as part of a
team or franchise that is located in the United States and a
member of a foreign league or association of 15 or more amateur
sports teams, if--
``(aa) the foreign league or association is the
highest level of amateur performance of that sport in
the relevant foreign country,
``(bb) participation in such league or association
renders players ineligible, whether on a temporary or
permanent basis, to earn a scholarship in, or
participate in, that sport at a college or university
in the United States under the rules of the National
Collegiate Athletic Association (NCAA), and
``(cc) a significant number of the individuals who
play in such league or association are drafted by a
major sports league or a minor league affiliate of such
a sports league, or
``(IV) is a professional athlete or amateur athlete who
performs individually or as part of a group in a theatrical ice
skating production, and
``(ii) seeks to enter the United States temporarily and
solely for the purpose of performing--
``(I) as such an athlete with respect to a specific
athletic competition, or
``(II) in the case of an individual described in
clause (i)(IV), in a specific theatrical ice skating
production or tour.''.
(b) Advisory Opinions.--Section 214(c) (8 U.S.C. 1184(c)) is
amended--
(1) in paragraph (4)(D), by inserting ``(other than with
respect to aliens seeking entry under subclause (II), (III), or
(IV) of subparagraph (A)(i) of this paragraph),'' after
``101(a)(15)(P)''; and
(2) in paragraph (6)(A)(iii), by inserting ``(other than
with respect to aliens seeking entry under subclause (II),
(III), or (IV) of paragraph (4)(A)(i))'' after
``101(a)(15)(P)(i)''.
(c) Petitions for Multiple Aliens.--Section 214(c)(4) (8 U.S.C.
1184(c)(4)) is amended by adding at the end the following new
paragraph:
``(F) The Secretary of Homeland Security shall permit a petition
under this subsection to seek classification of more than one alien as
a nonimmigrant under section 101(a)(15)(P)(i)(a). The fee charged for
such a petition may not be more than the fee charged for a petition
seeking classification of one such alien.''.
(d) Relationship to Other Provisions of the Immigration and
Nationality Act.--Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as amended
by subsection (c), is further amended by adding at the end the
following new paragraph:
``(G) Notwithstanding any other provision of this title, the
Secretary of Homeland Security shall permit an athlete, or the employer
of an athlete, to seek admission to the United States for such athlete
under a provision of this Act other than section 101(a)(15)(P)(i).''.
SEC. 753. EXTENSION OF RETURNING WORKER EXEMPTION.
Section 402(b)(1) of the Save Our Small and Seasonal Businesses Act
of 2005 (title IV of division B of Public Law 109-13; 8 U.S.C. 1184
note) is amended by striking ``2006'' and inserting ``2009''.
SEC. 754. SURVEILLANCE TECHNOLOGIES PROGRAMS.
(a) Aerial Surveillance 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; 8 U.S.C. 1701 note), the Secretary, not
later than 90 days after the date of enactment of this Act,
shall develop and implement a program to fully integrate and
utilize aerial surveillance technologies, including unmanned
aerial vehicles, to enhance the security of the international
border between the United States and Canada and the
international border between the United States and Mexico. The
goal of the program shall be to ensure continuous monitoring of
each mile of each such border.
(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 an 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 use of a variety of aerial
surveillance technologies in a variety of topographies
and areas, including populated and unpopulated areas
located on or near an 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.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while assessing the effectiveness of the
utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
shall submit a report to Congress regarding the program
developed under this subsection. The Secretary shall include in
the report a description of the program together with such
recommendations as the Secretary finds appropriate for
enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary shall establish a program to
procure additional unmanned aerial vehicles, cameras, poles,
sensors, satellites, radar coverage, and other technologies
necessary to achieve operational control of the international
borders of the United States and to establish a security
perimeter known as a ``virtual fence'' along such international
borders to provide a barrier to illegal immigration. Such
program shall be known as the Integrated and Automated
Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, the Integrated and Automated
Surveillance Program is carried out in a manner that--
(A) the technologies utilized in the Program are
integrated and function cohesively in an automated
fashion, including the integration of motion sensor
alerts and cameras, whereby a sensor alert
automatically activates a corresponding camera to pan
and tilt in the direction of the triggered sensor;
(B) cameras utilized in the Program do not have to
be manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras can be
viewed at multiple designated communications centers;
(E) a standard process is used to collect, catalog,
and report intrusion and response data collected under
the Program;
(F) future remote surveillance technology
investments and upgrades for the Program can be
integrated with existing systems;
(G) performance measures are developed and applied
that can evaluate whether the Program is providing
desired results and increasing response effectiveness
in monitoring and detecting illegal intrusions along
the international borders of the United States;
(H) plans are developed under the Program to
streamline site selection, site validation, and
environmental assessment processes to minimize delays
of installing surveillance technology infrastructure;
(I) standards are developed under the Program to
expand the shared use of existing private and
governmental structures to install remote surveillance
technology infrastructure where possible; and
(J) standards are developed under the Program to
identify and deploy the use of nonpermanent or mobile
surveillance platforms that will increase the
Secretary's mobility and ability to identify illegal
border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary shall submit to Congress a
report regarding the Program. The Secretary shall include in
the report a description of the Program together with any
recommendation that the Secretary finds appropriate for
enhancing the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary
shall develop appropriate standards to evaluate the
performance of any contractor providing goods or
services to carry out the Integrated and Automated
Surveillance Program.
(B) Review by the inspector general.--The Inspector
General of the Department shall timely review each new
contract related to the Program that has a value of
more than $5,000,000, to determine whether such
contract fully complies with applicable cost
requirements, performance objectives, program
milestones, and schedules. The Inspector General shall
report the findings of such review to the Secretary in
a timely manner. Not later than 30 days after the date
the Secretary receives a report of findings from the
Inspector General, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives a report of such findings
and a description of any the steps that the Secretary
has taken or plans to take in response to such
findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 755. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.
(a) Review.--The Secretary, in consultation with the Secretary of
State, shall conduct a comprehensive review of the immigration
procedures in existence as of the date of the enactment of this Act.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report, in
classified form, if necessary, that--
(1) identifies inefficient immigration procedures; and
(2) outlines a plan to improve the efficiency and
responsiveness of the immigration process.
SEC. 756. NORTHERN BORDER PROSECUTION INITIATIVE.
(a) Initiative Required.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the Director
of the Bureau of Justice Assistance of the Office of Justice
Programs, shall establish and carry out a program, to be known
as the Northern Border Prosecution Initiative, to provide funds
to reimburse eligible northern border entities for costs
incurred by those entities for handling case dispositions of
criminal cases that are federally initiated but federally
declined-referred.
(2) Relation with southwestern border prosecution
initiative.--The program established in paragraph (1) shall--
(A) be modeled after the Southwestern Border
Prosecution Initiative; and
(B) serve as a partner program to that initiative
to reimburse local jurisdictions for processing Federal
cases.
(b) Provision and Allocation of Funds.--Funds provided under the
program established in subsection (a) shall be--
(1) provided in the form of direct reimbursements; and
(2) allocated in a manner consistent with the manner under
which funds are allocated under the Southwestern Border
Prosecution Initiative.
(c) Use of Funds.--Funds provided to an eligible northern border
entity under this section may be used by the entity for any lawful
purpose, including:
(1) Prosecution and related costs.
(2) Court costs.
(3) Costs of courtroom technology.
(4) Costs of constructing holding spaces.
(5) Costs of administrative staff.
(6) Costs of defense counsel for indigent defendants.
(7) Detention costs, including pre-trial and post-trial
detention.
(d) Definitions.--In this section:
(1) Case disposition.--The term ``case disposition''--
(A) for purposes of the Northern Border Prosecution
Initiative, refers to the time between the arrest of a
suspect and the resolution of the criminal charges
through a county or State judicial or prosecutorial
process; and
(B) does not include incarceration time for
sentenced offenders, or time spent by prosecutors on
judicial appeals.
(2) Eligible northern border entity.--The term ``eligible
northern border entity'' means--
(A) the States of Alaska, Idaho, Maine, Michigan,
Minnesota, Montana, New Hampshire, New York, North
Dakota, Ohio, Pennsylvania, Vermont, Washington, and
Wisconsin; or
(B) any unit of local government within a State
referred to in subparagraph (A).
(3) Federally declined-referred.--The term ``federally
declined-referred''--
(A) means, with respect to a criminal case, that a
decision has been made in that case by a United States
Attorney or a Federal law enforcement agency during a
Federal investigation to no longer pursue Federal
criminal charges against a defendant and to refer such
investigation to a State or local jurisdiction for
possible prosecution; and
(B) includes a decision made on an individualized
case-by-case basis as well as a decision made pursuant
to a general policy or practice or pursuant to
prosecutorial discretion.
(4) Federally initiated.--The term ``federally initiated''
means, with respect to a criminal case, that the case results
from a criminal investigation or an arrest involving Federal
law enforcement authorities for a potential violation of
Federal criminal law, including investigations resulting from
multi-jurisdictional task forces.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $28,000,000 for fiscal year 2006
and such sums as may be necessary for fiscal years thereafter.
SEC. 757. SOUTHWEST BORDER PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Prosecuting
Federally Initiated Drug Cases.--The Attorney General shall, subject to
the availability of appropriations, reimburse Southern Border State and
county prosecutors for prosecuting federally initiated and referred
drug cases.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 for each of the fiscal years 2007 through 2012
to carry out subsection (a).
SEC. 758. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Short Title.--This section may be cited as the ``Initial Entry,
Adjustment, and Citizenship Assistance Grant Act of 2006''.
(b) Purpose.--The purpose of this section is to establish a grant
program within the Bureau of Citizenship and Immigration Services that
provides funding to community-based organizations, including community-
based legal service organizations, as appropriate, to develop and
implement programs to assist eligible applicants for the conditional
nonimmigrant worker program established under this Act by providing
them with the services described in subsection (d)(2).
(c) Definitions.--In this section:
(1) Community-based organization.--The term ``community-
based organization'' means a nonprofit, tax-exempt
organization, including a faith-based organization, whose staff
has experience and expertise in meeting the legal, social,
educational, cultural educational, or cultural needs of
immigrants, refugees, persons granted asylum, or persons
applying for such statuses.
(2) IEACA grant.--The term ``IEACA grant'' means an Initial
Entry, Adjustment, and Citizenship Assistance Grant authorized
under subsection (d).
(d) Establishment of Initial Entry, Adjustment, and Citizenship
Assistance Grant Program.--
(1) Grants authorized.--The Secretary, working through the
Director of the Bureau of Citizenship and Immigration Services,
may award IEACA grants to community-based organizations.
(2) Use of funds.--Grants awarded under this section may be
used for the design and implementation of programs to provide
the following services:
(A) Initial application.--Assistance and
instruction, including legal assistance, to aliens
making initial application for treatment under the
program established by section 218D of the Immigration
and Nationality Act, as added by section 601. Such
assistance may include assisting applicants in--
(i) screening to assess prospective
applicants' potential eligibility or lack of
eligibility;
(ii) filling out applications;
(iii) gathering proof of identification,
employment, residence, and tax payment;
(iv) gathering proof of relationships of
eligible family members;
(v) applying for any waivers for which
applicants and qualifying family members may be
eligible; and
(vi) any other assistance that the
Secretary or grantee considers useful to aliens
who are interested in filing applications for
treatment under such section 218D.
(B) Adjustment of status.--Assistance and
instruction, including legal assistance, to aliens
seeking to adjust their status in accordance with
section 245 or 245B of the Immigration and Nationality
Act.
(C) Citizenship.--Assistance and instruction to
applicants on--
(i) the rights and responsibilities of
United States Citizenship;
(ii) English as a second language;
(iii) civics; or
(iv) applying for United States
citizenship.
(3) Duration and renewal.--
(A) Duration.--Each grant awarded under this
section shall be awarded for a period of not more than
3 years.
(B) Renewal.--The Secretary may renew any grant
awarded under this section in 1-year increments.
(4) Application for grants.--Each entity desiring an IEACA
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
(5) Eligible organizations.--A community-based organization
applying for a grant under this section to provide services
described in subparagraph (A), (B), or (C)(iv) of paragraph (2)
may not receive such a grant unless the organization is--
(A) recognized by the Board of Immigration Appeals
under section 292.2 of title 8, Code of Federal
Regulations; or
(B) otherwise directed by an attorney.
(6) Selection of grantees.--Grants awarded under this
section shall be awarded on a competitive basis.
(7) Geographic distribution of grants.--The Secretary shall
approve applications under this section in a manner that
ensures, to greatest extent practicable, that--
(A) not less than 50 percent of the funding for
grants under this section are awarded to programs
located in the 10 States with the highest percentage of
foreign-born residents; and
(B) not less than 20 percent of the funding for
grants under this section are awarded to programs
located in States that are not described in
subparagraph (A).
(8) Ethnic diversity.--The Secretary shall ensure that
community-based organizations receiving grants under this
section provide services to an ethnically diverse population,
to the greatest extent possible.
(e) Liaison Between USCIS and Grantees.--The Secretary shall
establish a liaison between the Bureau of Citizenship and Immigration
Services and the community of providers of services under this section
to assure quality control, efficiency, and greater client willingness
to come forward.
(f) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and each subsequent July 1, the Secretary
shall submit a report to Congress that includes information regarding--
(1) the status of the implementation of this section;
(2) the grants issued pursuant to this section; and
(3) the results of those grants.
(g) Source of Grant Funds.--
(1) Application fees.--The Secretary may use funds made
available under sections 218A(l)(2) and 218D(f)(4)(B) of the
Immigration and Nationality Act, as added by this Act, to carry
out this section.
(2) Authorization of appropriations.--
(A) Amounts authorized.--In addition to the amounts
made available under paragraph (1), there are
authorized to be appropriated such additional sums as
may be necessary for each of the fiscal years 2007
through 2011 to carry out this section.
(B) Availability.--Any amounts appropriated
pursuant to subparagraph (A) shall remain available
until expended.
(h) Distribution of Fees and Fines.--
(1) H-2c visa fees.--Notwithstanding section 218A(l) of the
Immigration and Nationality Act, as added by section 403, 2
percent of the fees collected under section 218A of such Act
shall be made available for grants under the Initial Entry,
Adjustment, and Citizenship Assistance Grant Program
established under this section.
(2) Conditional nonimmigrant visa fees and fines.--
Notwithstanding section 218D(f)(4) of the Immigration and
Nationality Act, as added by section 601, 2 percent of the fees
and fines collected under section 218D of such Act shall be
made available for grants under the Initial Entry, Adjustment,
and Citizenship Assistance Grant Program established under this
section.
SEC. 759. SCREENING OF MUNICIPAL SOLID WASTE.
(a) Definitions.--In this section:
(1) Bureau.--The term `` Bureau'' means the Bureau of
Customs and Border Protection.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(4) Municipal solid waste.--The term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(b) Reports to Congress.--Not later than 90 days after the date of
enactment of this Act, the Commissioner shall submit to Congress a
report that--
(1) indicates whether the methodologies and technologies
used by the Bureau to screen for and detect the presence of
chemical, nuclear, biological, and radiological weapons in
municipal solid waste are as effective as the methodologies and
technologies used by the Bureau to screen for those materials
in other items of commerce entering the United States through
commercial motor vehicle transport; and
(2) if the report indicates that the methodologies and
technologies used to screen municipal solid waste are less
effective than those used to screen other items of commerce,
identifies the actions that the Bureau will take to achieve the
same level of effectiveness in the screening of municipal solid
waste, including actions necessary to meet the need for
additional screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the Commissioner fails
to fully implement an action identified under subsection (b)(2) before
the earlier of the date that is 180 days after the date on which the
report under subsection (b) is required to be submitted or the date
that is 180 days after the date on which the report is submitted, the
Secretary shall deny entry into the United States of any commercial
motor vehicle carrying municipal solid waste until the Secretary
certifies to Congress that the methodologies and technologies used by
the Bureau to screen for and detect the presence of chemical, nuclear,
biological, and radiological weapons in municipal solid waste are as
effective as the methodologies and technologies used by the Bureau to
screen for those materials in other items of commerce entering into the
United States through commercial motor vehicle transport.
SEC. 760. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT
ACCESSIBLE BY ROAD.
Notwithstanding any other provision of law, the Secretary shall
permit an employee of Customs and Border Protection or Immigration and
Customs Enforcement who carries out the functions of Customs and Border
Protection or Immigration and Customs Enforcement in a geographic area
that is not accessible by road to carry out any function that was
performed by an employee of the Immigration and Naturalization Service
in such area prior to the date of the enactment of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.).
SEC. 761. BORDER SECURITY ON CERTAIN FEDERAL LAND.
(a) Support for Border Security Needs.--
(1) In general.--To gain operational control over the
international land borders of the United States and to prevent
the entry of terrorists, unlawful aliens, narcotics, and other
contraband into the United States, the Secretary, in
cooperation with the Secretary of the Interior, shall provide--
(A) increased Customs and Border Protection
personnel to secure Federal land and units of the
National Park System along the international land
borders of the United States;
(B) Federal land resource training for Customs and
Border Protection agents dedicated to Federal land; and
(C) Unmanned Aerial Vehicles, aerial assets, Remote
Video Surveillance camera systems, and sensors on land
under the jurisdiction of the Department of the
Interior that is directly adjacent to the international
land border of the United States, with priority given
to units of the National Park System.
(2) Coordination.--In providing training for Customs and
Border Protection agents under paragraph (1)(B), the Secretary
shall coordinate with the Secretary of the Interior to ensure
that the training is appropriate to the mission of the National
Park Service or the relevant agency of the Department of the
Interior to minimize the adverse impact on natural and cultural
resources from border protection activities.
(b) Inventory of Costs and Activities.--The Secretary of the
Interior shall develop and submit to the Secretary an inventory of
costs incurred by the National Park Service relating to illegal border
activity, including the cost of equipment, training, recurring
maintenance, construction of facilities, restoration of natural and
cultural resources, recapitalization of facilities, and operations.
(c) Recommendations.--The Secretary shall--
(1) develop joint recommendations with the National Park
Service for an appropriate cost recovery mechanism relating to
items identified in subsection (b); and
(2) not later than March 31, 2007, submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S. C. 101)),
including the Subcommittee on National Parks of the Senate and
the Subcommittee on National Parks, Recreation and Public Lands
of the House of Representatives, the recommendations developed
under paragraph (1).
(d) Border Protection Strategy.--The Secretary and the Secretary of
the Interior shall jointly develop a border protection strategy that
supports the border security needs of the United States in the manner
that best protects--
(1) units of the National Park System;
(2) land under the jurisdiction of the United States Fish
and Wildlife Service; and
(3) other relevant land under the jurisdiction of the
Department of the Interior.
SEC. 762. UNMANNED AERIAL VEHICLES.
(a) Unmanned Aerial Vehicles and Associated Infrastructure.--The
Secretary shall acquire and maintain MQ-9 unmanned aerial vehicles for
use on the border, including related equipment such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out subsection (a)--
(A) $178,400,000 for fiscal year 2007; and
(B) $276,000,000 for fiscal year 2008.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.
SEC. 763. RELIEF FOR WIDOWS AND ORPHANS.
(a) In General.--
(1) In general.--In applying clause (iii) of section
201(b)(2)(A) of the Immigration and Nationality Act, as added
by section 504(a), to an alien whose citizen relative died
before the date of the enactment of this Act, the alien
relative may (notwithstanding the deadlines specified in such
clause) file the classification petition under section
204(a)(1)(A)(ii) of such Act not later than 2 years after the
date of the enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack of
classification as an immediate relative (as defined by
201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to
the citizen's death--
(A) such alien shall be eligible for parole into
the United States pursuant to the Attorney General's
discretionary authority under section 212(d)(5) of such
Act; and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act.
(b) Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended
by section 408(h) of this Act, is further amended by adding at the end
the following:
``(o) Application for Adjustment of Status by Surviving Spouses,
Parents, and Children.--
``(1) In general.--Any alien described in paragraph (2) who
applies for adjustment of status before the death of the
qualifying relative, may have such application adjudicated as
if such death had not occurred.
``(2) Alien described.--An alien is described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in
section 201(b)(2)(A));
``(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)).''.
(c) Transition Period.--
(1) In general.--Notwithstanding a denial of an application
for adjustment of status for an alien whose qualifying relative
died before the date of the enactment of this Act, such
application may be renewed by the alien through a motion to
reopen, without fee, if such motion is filed not later than 2
years after such date of enactment.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed or departed voluntarily before the date of
the enactment of this Act--
(A) such alien shall be eligible for parole into
the United States pursuant to the Attorney General's
discretionary authority under section 212(d)(5) of the
Immigration and Nationality Act; and
(B) such alien's application for adjustment of
status shall be considered notwithstanding section
212(a)(9) of such Act.
(d) Processing of Immigrant Visas.--Section 204(b) (8 U.S.C. 1154),
as amended by section 204(b) of this Act, is further amended--
(1) by striking ``After an investigation'' and inserting
the following:
``(1) In general.--After an investigation''; and
(2) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--Any alien described in paragraph
(2) whose qualifying relative died before the
completion of immigrant visa processing may have an
immigrant visa application adjudicated as if such death
had not occurred. An immigrant visa issued before the
death of the qualifying relative shall remain valid
after such death.
``(B) Alien described.--An alien is described in
this paragraph is an alien who--
``(i) is an immediate relative (as
described in section 201(b)(2)(A));
``(ii) is a family-sponsored immigrant (as
described in subsection (a) or (d) of section
203);
``(iii) is a derivative beneficiary of an
employment-based immigrant under section 203(b)
(as described in section 203(d)); or
``(iv) is a derivative beneficiary of a
diversity immigrant (as described in section
203(c)).''.
(e) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is amended
by inserting ``(or, if the spouse is deceased, the spouse was a citizen
of the United States)'' after ``citizen of the United States''.
SEC. 764. TERRORIST ACTIVITIES.
Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) in subclause (III), by striking ``, under circumstances
indicating an intention to cause death or serious bodily harm,
incited'' and inserting ``incited or advocated''; and
(2) in subclause (VII), by striking ``or espouses terrorist
activity or persuades others to endorse or espouse'' and
inserting ``espouses, or advocates terrorist activity or
persuades others to endorse, espouse, or advocate''.
SEC. 765. FAMILY UNITY.
Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended by section
212(a) of this Act, is further amended--
(1) in subparagraph (C)(ii), by striking ``between--'' and
all that follows and inserting the following: ``between--
``(I) the alien having been
battered or subjected to extreme
cruelty; and
``(II) the alien's removal,
departure from the United States,
reentry or reentries into the United
States, or attempted reentry into the
United States.''; and
(2) 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 section 201 or 203 if such petition
was filed not later than the date of the
enactment of the Comprehensive Immigration
Reform Act of 2006.
``(ii) Fine.--An alien who is granted a
waiver under clause (i) shall pay a $2,000
fine.''.
Calendar No. 414
109th CONGRESS
2d Session
S. 2611
_______________________________________________________________________
A BILL
To provide for comprehensive immigration reform and for other purposes.
_______________________________________________________________________
April 24, 2006
Read the second time and placed on the calendar