[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2413 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2413

To amend the Immigration and Nationality Act to provide for an increase 
 in border patrol agents and other immigration enforcement activities, 
   for a temporary agricultural worker program, and for a program to 
      adjust the status of certain qualified long-term residents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2007

  Mr. Daniel E. Lungren of California introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
 to the Committees on Homeland Security and Education and Labor, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide for an increase 
 in border patrol agents and other immigration enforcement activities, 
   for a temporary agricultural worker program, and for a program to 
      adjust the status of certain qualified long-term residents.

    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 ``Border Security 
and Immigration Reform Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Increase in immigration enforcement activities.
Sec. 3. Employment eligibility verification.
Sec. 4. Expedited removal.
Sec. 5. Nonimmigrant seasonal agricultural program.
Sec. 6. Lawful status for certain long-term resident aliens.

SEC. 2. INCREASE IN IMMIGRATION ENFORCEMENT ACTIVITIES.

    (a) Increase in Full-Time, Active-Duty Border Patrol Agents.--In 
each of the fiscal years 2008 and 2009, the Secretary of Homeland 
Security shall, subject to the availability of appropriations for such 
purpose, increase by not less than 3,000 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 allotted for the preceding fiscal year.
    (b) Increase in Personnel for Workplace Enforcement.--In each of 
the fiscal years 2008 and 2009, the Secretary of Homeland Security 
shall, subject to the availability of appropriations for such purpose, 
increase by not less than 500 the number of positions for full-time 
personnel within the Department of Homeland Security whose duties 
directly relate to enforcement of the immigration laws in the workplace 
above the number of such positions for which funds were allotted for 
the preceding fiscal year.
    (c) Semi-Annual Reports on Use of Enforcement Authority.--The 
Secretary of Homeland Security shall submit to the Judiciary Committees 
of the House of Representatives and of the Senate a report every 6 
months on the Secretary's use of authority to enforce the prohibitions 
against unlawful employment, including the number of cases in which 
fines or other penalties are sought under section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a) and the number of such 
cases in which any such fine or other penalty was obtained.

SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION.

    (a) Employment Eligibility Verification System.--
            (1) In general.--Subsection (b) of section 274A of the 
        Immigration and Nationality Act (8 U.S.C. 1324a) is amended by 
        adding at the end the following:
            ``(7) Employment eligibility verification system.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish and administer a verification 
                system through which the Secretary (or a designee of 
                the Secretary, which may be a nongovernmental entity)--
                            ``(i) responds to inquiries made by persons 
                        at any time through a toll-free electronic 
                        media concerning an individual's identity and 
                        whether the individual is authorized to be 
                        employed; and
                            ``(ii) maintains records of the inquiries 
                        that were made, of verifications provided (or 
                        not provided), and of the codes provided to 
                        inquirers as evidence of their compliance with 
                        their obligations under this section.
                    ``(B) Initial response.--The verification system 
                shall provide verification or a tentative 
                nonverification of an individual's identity and 
                employment eligibility within 3 working days of the 
                initial inquiry. If providing verification or tentative 
                nonverification, the verification system shall provide 
                an appropriate code indicating such verification or 
                such nonverification.
                    ``(C) Secondary verification process in case of 
                tentative nonverification.--In cases of tentative 
                nonverification, the Secretary shall specify, in 
                consultation with the Commissioner of Social Security, 
                an available secondary verification process to confirm 
                the validity of information provided and to provide a 
                final verification or nonverification within 10 working 
                days after the date of the tentative nonverification. 
                When final verification or nonverification is provided, 
                the verification system shall provide an appropriate 
                code indicating such verification or nonverification.
                    ``(D) Design and operation of system.--The 
                verification system shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by persons and other entities consistent 
                        with insulating and protecting the privacy and 
                        security of the underlying information;
                            ``(ii) to respond to all inquiries made by 
                        such persons and entities on whether 
                        individuals are authorized to be employed and 
                        to register all times when such inquiries are 
                        not received;
                            ``(iii) with appropriate administrative, 
                        technical, and physical safeguards to prevent 
                        unauthorized disclosure of personal 
                        information; and
                            ``(iv) to have reasonable safeguards 
                        against the system's resulting in unlawful 
                        discriminatory practices based on national 
                        origin or citizenship status, including--
                                    ``(I) the selective or unauthorized 
                                use of the system to verify 
                                eligibility;
                                    ``(II) the use of the system prior 
                                to an offer of employment; or
                                    ``(III) the exclusion of certain 
                                individuals from consideration for 
                                employment as a result of a perceived 
                                likelihood that additional verification 
                                will be required, beyond what is 
                                required for most job applicants.
                    ``(E) Responsibilities of the commissioner of 
                social security.--As part of the verification system, 
                the Commissioner of Social Security, in consultation 
                with the Secretary of Homeland Security (and any 
                designee of the Secretary selected to establish and 
                administer the verification system), shall establish a 
                reliable, secure method, which, within the time periods 
                specified under subparagraphs (B) and (C), compares the 
                name and social security account number provided in an 
                inquiry against such information maintained by the 
                Commissioner in order to validate (or not validate) the 
                information provided regarding an individual whose 
                identity and employment eligibility must be confirmed, 
                the correspondence of the name and number, and whether 
                the individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information (other than such verification or 
                nonverification) except as provided for in this section 
                or section 205(c)(2)(I) of the Social Security Act.
                    ``(F) Responsibilities of the secretary of homeland 
                security.--(i) As part of the verification system, the 
                Secretary of Homeland Security (in consultation with 
                any designee of the Secretary selected to establish and 
                administer the verification system), shall establish a 
                reliable, secure method, which, within the time periods 
                specified under subparagraphs (B) and (C), compares the 
                name and alien identification or authorization number 
                which are provided in an inquiry against such 
                information maintained by the Secretary in order to 
                validate (or not validate) the information provided, 
                the correspondence of the name and number, and whether 
                the alien is authorized to be employed in the United 
                States.
                    ``(ii) When a single employer has submitted to the 
                verification system pursuant to subparagraph (A) the 
                identical social security account number in more than 
                one instance, or when multiple employers have submitted 
                to the verification system pursuant to such paragraph 
                the identical social security account number, in a 
                manner which indicates the possible fraudulent use of 
                that number, the Secretary of Homeland Security shall 
                conduct an investigation, within the time periods 
                specified in subparagraphs (B) and (C), in order to 
                ensure that no fraudulent use of a social security 
                account number has taken place. If the Secretary has 
                selected a designee to establish and administer the 
                verification system, the designee shall notify the 
                Secretary when a single employer has submitted to the 
                verification system pursuant to subparagraph (A) the 
                identical social security account number in more than 
                one instance, or when multiple employers have submitted 
                to the verification system pursuant to such paragraph 
                the identical social security account number, in a 
                manner which indicates the possible fraudulent use of 
                that number. The designee shall also provide the 
                Secretary with all pertinent information, including the 
                name and address of the employer or employers who 
                submitted the relevant social security account number, 
                the relevant social security account number submitted 
                by the employer or employers, and the relevant name and 
                date of birth of the employee submitted by the employer 
                or employers.
                    ``(G) Updating information.--The Commissioner of 
                Social Security and the Secretary of Homeland Security 
                shall update their information in a manner that 
                promotes the maximum accuracy and shall provide a 
                process for the prompt correction of erroneous 
                information, including instances in which it is brought 
                to their attention in the secondary verification 
                process described in subparagraph (C).
                    ``(H) Limitation on use of the verification system 
                and any related systems.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, nothing in this 
                        paragraph shall be construed to permit or allow 
                        any department, bureau, or other agency of the 
                        United States Government to utilize any 
                        information, database, or other records 
                        assembled under this paragraph for any other 
                        purpose other than as provided for.
                            ``(ii) No national identification card.--
                        Nothing in this paragraph shall be construed to 
                        authorize, directly or indirectly, the issuance 
                        or use of national identification cards or the 
                        establishment of a national identification 
                        card.
                    ``(I) Federal tort claims act.--If an individual 
                alleges that the individual would not have been 
                dismissed from a job but for an error of the 
                verification mechanism, the individual may seek 
                compensation only through the mechanism of the Federal 
                Tort Claims Act, and injunctive relief to correct such 
                error. No class action may be brought under this 
                subparagraph.
                    ``(J) Protection from liability for actions taken 
                on the basis of information.--No person or entity shall 
                be civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility verification mechanism 
                established under this paragraph.''.
            (2) Repeal of provision relating to evaluations and changes 
        in employment verification.--Subsection (d) of such section is 
        repealed.
    (b) Employment Eligibility Verification Process.--Such section is 
further amended--
            (1) in subsection (a)(3), by designating the sentence 
        beginning with ``A person'' as a subparagraph (A) with the 
        heading ``In general.--'', and by adding at the end the 
        following:
                    ``(B) Failure to seek and obtain verification.--In 
                the case of a person or entity in the United States 
                that hires, or continues to employ, an individual, or 
                recruits or refers an individual for employment, the 
                following requirements apply:
                            ``(i) Failure to seek verification.--
                                    ``(I) In general.--If the person or 
                                entity has not made an inquiry, under 
                                the mechanism established under 
                                subsection (b)(7), seeking verification 
                                of the identity and work eligibility of 
                                the individual, by not later than the 
                                end of 3 working days (as specified by 
                                the Secretary of Homeland Security) 
                                after the date of the hiring, the date 
                                specified in subsection (b)(8)(B) for 
                                previously hired individuals, or before 
                                the recruiting or referring commences, 
                                the defense under subparagraph (A) 
                                shall not be considered to apply with 
                                respect to any employment, except as 
                                provided in subclause (II).
                                    ``(II) Special rule for failure of 
                                verification mechanism.--If such a 
                                person or entity in good faith attempts 
                                to make an inquiry in order to qualify 
                                for the defense under subparagraph (A) 
                                and the verification mechanism has 
                                registered that not all inquiries were 
                                responded to during the relevant time, 
                                the person or entity can make an 
                                inquiry until the end of the first 
                                subsequent working day in which the 
                                verification mechanism registers no 
                                nonresponses and qualify for such 
                                defense.
                            ``(ii) Failure to obtain verification.--If 
                        the person or entity has made the inquiry 
                        described in clause (i)(I) but has not received 
                        an appropriate verification of such identity 
                        and work eligibility under such mechanism 
                        within the time period specified under 
                        subsection (b)(7)(B) after the time the 
                        verification inquiry was received, the defense 
                        under subparagraph (A) shall not be considered 
                        to apply with respect to any employment after 
                        the end of such time period.'';
            (2) by amending subparagraph (A) of subsection (b)(1) to 
        read as follows:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Secretary of Homeland 
                Security by regulation, that it has verified that the 
                individual is not an unauthorized alien--
                            ``(i) by obtaining from the individual the 
                        individual's social security account number and 
                        recording the number on the form (if the 
                        individual claims to have been issued such a 
                        number), and, if the individual does not attest 
                        to United States citizenship under paragraph 
                        (2), obtaining such identification or 
                        authorization number established by the 
                        Department of Homeland Security for the alien 
                        as the Secretary of Homeland Security may 
                        specify, and recording such number on the form; 
                        and
                            ``(ii)(I) by examining a document described 
                        in subparagraph (B); or
                            ``(II) by examining a document described in 
                        subparagraph (C) and a document described in 
                        subparagraph (D).
                A person or entity has complied with the requirement of 
                this paragraph with respect to examination of a 
                document if the document reasonably appears on its face 
                to be genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and, if the document bears an expiration 
                date, that expiration date has not elapsed. If an 
                individual provides a document (or combination of 
                documents) that reasonably appears on its face to be 
                genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and is sufficient to meet the first sentence 
                of this paragraph, nothing in this paragraph shall be 
                construed as requiring the person or entity to solicit 
                the production of any other document or as requiring 
                the individual to produce another document.'';
            (3) in subsection (b)(1)(D)--
                    (A) in clause (i), by striking ``or such other 
                personal identification information relating to the 
                individual as the Attorney General finds, by 
                regulation, sufficient for purposes of this section''; 
                and
                    (B) in clause (ii), by inserting before the period 
                ``and that contains a photograph of the individual'';
            (4) in subsection (b)(2), by adding at the end the 
        following: ``The individual must also provide that individual's 
        social security account number (if the individual claims to 
        have been issued such a number), and, if the individual does 
        not attest to United States citizenship under this paragraph, 
        such identification or authorization number established by the 
        Department of Homeland Security for the alien as the Secretary 
        may specify.''; and
            (5) by amending paragraph (3) of subsection (b) to read as 
        follows:
            ``(3) Retention of verification form and verification.--
                    ``(A) In general.--After completion of such form in 
                accordance with paragraphs (1) and (2), the person or 
                entity must--
                            ``(i) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Special Counsel for Immigration-
                        Related Unfair Employment Practices, or the 
                        Department of Labor during a period beginning 
                        on the date of the hiring, recruiting, or 
                        referral of the individual or the date of the 
                        completion of verification of a previously 
                        hired individual and ending--
                                    ``(I) in the case of the recruiting 
                                or referral of an individual, three 
                                years after the date of the recruiting 
                                or referral;
                                    ``(II) in the case of the hiring of 
                                an individual, the later of--
                                            ``(aa) three years after 
                                        the date of such hiring; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated; and
                                    ``(III) in the case of the 
                                verification of a previously hired 
                                individual, the later of--
                                            ``(aa) three years after 
                                        the date of the completion of 
                                        verification; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated;
                            ``(ii) make an inquiry, as provided in 
                        paragraph (7), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of an individual, by not 
                        later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring or in 
                        the case of previously hired individuals, the 
                        date specified in paragraph (8)(B), or before 
                        the recruiting or referring commences; and
                            ``(iii) may not commence recruitment or 
                        referral of the individual until the person or 
                        entity receives verification under subparagraph 
                        (B)(i) or (B)(iii).
                    ``(B) Verification.--
                            ``(i) Verification received.--If the person 
                        or other entity receives an appropriate 
                        verification of an individual's identity and 
                        work eligibility under the verification system 
                        within the time period specified, the person or 
                        entity shall record on the form an appropriate 
                        code that is provided under the system and that 
                        indicates a final verification of such identity 
                        and work eligibility of the individual.
                            ``(ii) Tentative nonverification 
                        received.--If the person or other entity 
                        receives a tentative nonverification of an 
                        individual's identity or work eligibility under 
                        the verification system within the time period 
                        specified, the person or entity shall so inform 
                        the individual for whom the verification is 
                        sought. If the individual does not contest the 
                        nonverification within the time period 
                        specified, the nonverification shall be 
                        considered final. The person or entity shall 
                        then record on the form an appropriate code 
                        which has been provided under the system to 
                        indicate a tentative nonverification. If the 
                        individual does contest the nonverification, 
                        the individual shall utilize the process for 
                        secondary verification provided under paragraph 
                        (7). The nonverification will remain tentative 
                        until a final verification or nonverification 
                        is provided by the verification system within 
                        the time period specified. In no case shall an 
                        employer terminate employment of an individual 
                        because of a failure of the individual to have 
                        identity and work eligibility confirmed under 
                        this section until a nonverification becomes 
                        final. Nothing in this clause shall apply to a 
                        termination of employment for any reason other 
                        than because of such a failure.
                            ``(iii) Final verification or 
                        nonverification received.--If a final 
                        verification or nonverification is provided by 
                        the verification system regarding an 
                        individual, the person or entity shall record 
                        on the form an appropriate code that is 
                        provided under the system and that indicates a 
                        verification or nonverification of identity and 
                        work eligibility of the individual.
                            ``(iv) Extension of time.--If the person or 
                        other entity in good faith attempts to make an 
                        inquiry during the time period specified and 
                        the verification system has registered that not 
                        all inquiries were received during such time, 
                        the person or entity may make an inquiry in the 
                        first subsequent working day in which the 
                        verification system registers that it has 
                        received all inquiries. If the verification 
                        system cannot receive inquiries at all times 
                        during a day, the person or entity merely has 
                        to assert that the entity attempted to make the 
                        inquiry on that day for the previous sentence 
                        to apply to such an inquiry, and does not have 
                        to provide any additional proof concerning such 
                        inquiry.
                            ``(v) Consequences of nonverification.--
                                    ``(I) Termination or notification 
                                of continued employment.--If the person 
                                or other entity has received a final 
                                nonverification regarding an 
                                individual, the person or entity may 
                                terminate employment of the individual 
                                (or decline to recruit or refer the 
                                individual). If the person or entity 
                                does not terminate employment of the 
                                individual or proceeds to recruit or 
                                refer the individual, the person or 
                                entity shall notify the Secretary of 
                                Homeland Security of such fact through 
                                the verification system or in such 
                                other manner as the Secretary may 
                                specify.
                                    ``(II) Failure to notify.--If the 
                                person or entity fails to provide 
                                notice with respect to an individual as 
                                required under subclause (I), the 
                                failure is deemed to constitute a 
                                violation of subsection (a)(1)(A) with 
                                respect to that individual.
                            ``(vi) Continued employment after final 
                        nonverification.--If the person or other entity 
                        continues to employ (or to recruit or refer) an 
                        individual after receiving final 
                        nonverification, a rebuttable presumption is 
                        created that the person or entity has violated 
                        subsection (a)(1)(A).''.
    (c) Expansion of Employment Eligibility Verification System to 
Previously Hired Individuals and Recruiting and Referring.--
            (1) Application to recruiting and referring.--Such section 
        is further amended--
                    (A) in subsection (a)(1)(A), by striking ``for a 
                fee'';
                    (B) in subsection (a)(1), by amending subparagraph 
                (B) to read as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).'';
                    (C) in subsection (a)(2) by striking ``after hiring 
                an alien for employment in accordance with paragraph 
                (1),'' and inserting ``after complying with paragraph 
                (1),''; and
                    (D) in subsection (a)(3)(A), as amended by 
                subsection (b)(1), by striking ``hiring,'' and 
                inserting ``hiring, employing,'' each place it appears.
            (2) Employment eligibility verification for previously 
        hired individuals.--Subsection (b) of such section, as amended 
        by subsection (a)(1), is amended by adding at the end the 
        following new paragraph:
            ``(8) Use of employment eligibility verification system for 
        previously hired individuals.--
                    ``(A) On a voluntary basis.--Beginning on the date 
                that is 2 years after the date of the enactment of this 
                paragraph and until the date specified in subparagraph 
                (B)(iii), a person or entity may make an inquiry, as 
                provided in paragraph (7), using the verification 
                system to seek verification of the identity and 
                employment eligibility of any individual employed by 
                the person or entity, as long as it is done on a 
                nondiscriminatory basis.
                    ``(B) On a mandatory basis.--
                            ``(i) In general.--A person or entity 
                        described in clause (ii) must make an inquiry 
                        as provided in paragraph (7), using the 
                        verification system to seek verification of the 
                        identity and employment eligibility of all 
                        individuals employed by the person or entity 
                        who have not been previously subject to an 
                        inquiry by the person or entity by the date 
                        three years after the date of the enactment of 
                        this paragraph.
                            ``(ii) Person or entity described.--A 
                        person or entity is described in this clause if 
                        it is a Federal, State, or local governmental 
                        body (including the Armed Forces of the United 
                        States), or if it employs individuals working 
                        in a location that is a Federal, State, or 
                        local government building, a military base, a 
                        nuclear energy site, a weapon site, an airport, 
                        or that contains critical infrastructure (as 
                        defined in section 1016(e) of the Critical 
                        Infrastructure Protection Act of 2001 (42 
                        U.S.C. 5195c(e))), but only to the extent of 
                        such individuals.
                            ``(iii) Other entities.--All persons and 
                        entities other than those described in clause 
                        (ii) must make an inquiry, as provided in 
                        paragraph (7), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of all individuals 
                        employed by the person or entity who have not 
                        been previously subject to an inquiry by the 
                        person or entity by the date six years after 
                        the date of the enactment of this paragraph.''.

SEC. 4. EXPEDITED REMOVAL.

    (a) In General.--Section 235(b)(1)(A)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)) is amended--
            (1) in subclause (I), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears; and
            (2) 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 a port 
                                or an international land border of the 
                                United States and within 14 days of 
                                entry.''.
    (b) Exceptions.--Section 235(b)(1)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by striking ``who 
arrives by aircraft at a port of entry'' and inserting ``, and who 
arrives by aircraft at a port of entry or who is present in the United 
States and arrived in any manner at or between a port of entry''.
    (c) 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 on or after such date.

SEC. 5. NONIMMIGRANT SEASONAL AGRICULTURAL PROGRAM.

    (a) Providing New ``W'' Nonimmigrant Classification for Seasonal 
Agricultural Workers.--Section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) by striking out ``or'' at the end of subparagraph (U);
            (2) by striking the period at the end of subparagraph (V) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(W) an alien having a residence in a foreign 
                country which the alien has no intention of abandoning 
                who is coming to the United States for a period of not 
                longer than 10 consecutive months to perform services 
                or labor in agricultural employment (as defined to mean 
                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)).''.
    (b)  Establishment of Nonimmigrant Seasonal Agricultural Worker 
Program.--
            (1) In general.--Chapter 2 of title II of such Act is 
        amended by adding at the end the following new section:

          ``nonimmigrant seasonal agricultural worker program

    ``Sec. 220.  (a) Establishment of Program.--
            ``(1) In general.--The Secretary of Agriculture, in 
        consultation with the Secretary of Labor, shall by regulation 
        establish a program (in this section referred to as the 
        `program') for the admission into the United States of 
        nonimmigrants described in section 101(a)(15)(W) (in this 
        section referred to as a `seasonal agricultural worker').
            ``(2) Components of program.--The program shall include the 
        imposition of monthly and annual numerical limitations, 
        established under subsection (c), on the issuance of 
        nonimmigrant visas for seasonal agricultural worker by 
        agricultural employment region. These visas shall be made 
        available subject to such limitations to such workers in 
        accordance with the preference system established under 
        subsection (d).
            ``(3) Freedom to be employed within agricultural employment 
        regions.--Except as provided under subsection (e), such a 
        nonimmigrant visa shall not limit the geographical area (other 
        than by regions established under paragraph (4)) within which 
        an alien may be employed or limit the type of agricultural 
        employment, within the production of agricultural commodities, 
        the alien may perform.
            ``(4) Designation of agricultural employment regions.--For 
        purposes of administering the program, the Secretary of 
        Agriculture shall designate not more than 10 agricultural 
        employment regions within the United States.
    ``(b) Application for Workers.--
            ``(1) In general.--Each person who employs individuals to 
        perform agricultural employment (including an association of 
        such persons and a person who contracts for the performance of 
        seasonal agricultural work) in the production of agricultural 
        commodities may submit to the Secretary of Agriculture, at such 
        time and in such manner as the Secretary specifies, an 
        application for seasonal agricultural workers.
            ``(2) Information required.--The application must specify, 
        for each month concerned and for the agricultural employment 
        region in which the person is located--
                    ``(A) the total number and qualifications of 
                seasonal agricultural workers required in the 
                production of agricultural commodities in each month; 
                and
                    ``(B) the type of agricultural work required to be 
                performed by these workers.
            ``(3) Optional information on aliens preferred.--The person 
        may also include a statement indicating a preference as to 
        country of nationality of aliens (or names of particular 
        aliens) desired to perform labor in any such month.
    ``(c) Determination of Quota by Agricultural Region and Month.--
            ``(1) In general.--Based upon such applications, taking 
        into consideration the historical employment needs of 
        agricultural employers and the availability of domestic 
        agricultural labor, and after consultation with the Secretary 
        of Labor, the Secretary of Agriculture shall establish a 
        numerical limitation, by month and by agricultural employment 
        region, on the issuance of nonimmigrant visas to seasonal 
        agricultural workers.
            ``(2) Application for an increase where extraordinary and 
        unusual circumstances.--
                    ``(A) In general.--If an agricultural employer (or 
                association or representative thereof) establishes that 
                extraordinary and unusual circumstances have resulted 
                in a significant change--
                            ``(i) in the employer's need for seasonal 
                        agricultural workers specified in the 
                        application; or
                            ``(ii) in the availability of domestic 
                        workers who are able, willing, and qualified to 
                        perform seasonal agricultural employment,
                the employer may apply to the Secretary of Agriculture 
                (in such form and manner as the Secretary shall 
                provide) for an increase in the numerical limitations 
                otherwise established under paragraph (1) to 
                accommodate such emergency need..
                    ``(B) Timely determination on application.--The 
                Secretary of Agriculture shall make a determination on 
                an application under subparagraph (A) within 72 hours 
                of the date the application is completed.
                    ``(C) Increase in quota.--To the extent the 
                application is approved, the Secretary of Agriculture 
                shall provide for an appropriate increase in the 
                appropriate numerical limitation.
    ``(d) Allocation of Visas.--
            ``(1) Preference system.--Seasonal agricultural workers who 
        are subject to the numerical limitations specified in 
        subsection (c) shall be allotted nonimmigrant visas as follows:
                    ``(A) Identified workers.--Visas shall first be 
                made available to qualified seasonal agricultural 
                workers specifically identified in petitions submitted 
                under subsection (b)(3).
                    ``(B) Previously employed workers.--Visas shall 
                next be made available to qualified seasonal 
                agricultural workers who have previously been employed 
                in seasonal agricultural employment in the United 
                States, providing priority in consideration among such 
                workers in the order of the length of time in which 
                they were so employed.
                    ``(C) Order in which applied.--The remaining visas 
                shall be made available to other qualified seasonal 
                agricultural workers strictly in the chronological 
                order in which they qualify. Waiting lists of 
                applicants shall be maintained in accordance with 
                regulations prescribed by the Secretary of State.
            ``(2) Treatment of spouse and children.--A spouse or child 
        of such a worker is not entitled to a visa or such status by 
        virtue of such relationship, but may be provided the same 
        status as such a worker if the spouse or child also is a 
        qualified seasonal agricultural worker to perform seasonal 
        agricultural employment.
    ``(e) Standards for Approval of Applications.--
            ``(1) In general.--The Secretary of Agriculture shall 
        approve an application submitted under subsection (b)(1) 
        authorizing a person to employ a seasonal agricultural worker 
        if--
                    ``(A) the person is a producer, and the worker is 
                to be employed in seasonal agricultural work;
                    ``(B) the application complies with the provisions 
                of such subsection and the application sets forth the 
                need for such workers;
                    ``(C) the person has not employed or petitioned for 
                a nonimmigrant described in section 
                101(a)(15)(H)(ii)(a) at the time when an application on 
                behalf of the person is pending or approved under this 
                subsection, or during any previous period during which 
                the employer had an application approved under this 
                section; and
                    ``(D) the person is not disqualified under 
                subsection (f).
            ``(2) Review of certain denials.--Except as provided under 
        subsection (f), a person who is determined not to be eligible 
        under paragraph (1) (other than because of subparagraph (D) 
        thereof) is entitled to an expedited review of the 
        determination by the Secretary of Agriculture.
            ``(3) Civil penalties for unlawful employment of seasonal 
        agricultural workers.--
                    ``(A) In general.--It is unlawful for a person or 
                other entity to hire, or recruit or refer, for 
                employment in the United States a seasonal agricultural 
                worker unless the person or entity has an application 
                approved under paragraph (1) with respect to the hiring 
                of the worker.
                    ``(B) Civil penalty.--A person or entity that 
                violates subparagraph (A) shall be subject to an order 
                described in section 274A(e)(4). including the 
                imposition of a civil money penalty, in the same manner 
                as such section applies to a violation described in 
                section 274A(a)(2).
    ``(f) Obligations Under Program.--Any person whose application to 
employ a seasonal agricultural worker has been approved shall provide 
as follows:
            ``(1) No displacement 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 to employ nonimmigrant agricultural workers.
            ``(2) Offers to united states workers.--The employer shall 
        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 will be 
        available at the time and place of need.
            ``(3) Use of housing allowance.--An employer shall offer to 
        provide housing at no cost to all workers for which the 
        employer has applied under the program and to all other workers 
        in the same occupation at the place of employment, whose place 
        of residence is beyond normal commuting distance. The employer 
        may comply with this requirement respecting the furnishing of 
        housing for such employee by providing a reasonable housing 
        allowance instead of offering housing. 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 
        providing such housing allowance. No housing allowance may be 
        used for housing which is owned or controlled by the employer.
            ``(4) Workers' compensation.--The person shall provide (if 
        the employment is not covered by State workers' compensation 
        law), at no cost to the worker, insurance covering injury and 
        disease arising out of and in the course of the workers 
        employment which will provide benefits at least equal to those 
        provided under the State workers' compensation law for 
        comparable employment.
            ``(5) Labor dispute.--The person shall not employ a 
        seasonal agricultural worker for a specific job opportunity for 
        which the employer is requesting a seasonal agricultural worker 
        because the former occupant of the job is on strike or being 
        locked out in the course of a labor dispute.
            ``(6) Not use for nonagricultural services.--The person 
        shall not employ a seasonal agricultural worker for services 
        other than seasonal agricultural services.
            ``(7) Disqualification for violations.--If the Secretary of 
        Agriculture determines, after opportunity for a hearing, that 
        an employer has participated under the program and has violated 
        a provision of paragraph (1) or any other provision of this 
        Act, the employer shall be disqualified from future 
        participation in the program for a period of not longer than 
        three years.
    ``(g) Entry of Workers.--
            ``(1) In general.--An alien may not be admitted to the 
        United States as a seasonal agricultural worker during the 
        five-year period beginning on the most recent date (if any) on 
        which the alien violated a term or condition of a previous 
        admission as such a worker or who enters the United States 
        unlawfully after the date the program first takes effect.
            ``(2) Monitoring.--The Secretary of Agriculture, in 
        consultation with the Secretary of Labor, shall monitor terms 
        and conditions under which seasonal agricultural workers (and 
        domestic workers employed by the same employers) are employed 
        in the United States.
    ``(h) Trust Fund for Program.--
            ``(1) Establishment.--The Secretary of Agriculture shall 
        establish by regulation a trust fund the purpose of which is to 
        provide funds for the administration and enforcement of the 
        program and to provide a monetary incentive for seasonal 
        agricultural workers to return to their country of origin upon 
        expiration of their visas under the program. The Secretary of 
        Agriculture in consultation with the Secretary of the Treasury 
        shall promulgate such other regulations as may be necessary to 
        carry out this subsection.
            ``(2) Payment of fica and futa amounts into trust fund.--In 
        the case of employment of a seasonal agricultural worker--
                    ``(A) the employer shall provide for payment into 
                the trust fund established under this subsection of the 
                sum of--
                            ``(i) an amount equivalent to the amount of 
                        excise taxes which the employer would pay under 
                        the Federal Insurance Contributions Act with 
                        respect to such employment if it were 
                        considered employment for the purpose of such 
                        Act; and
                            ``(ii) an amount equivalent to (and in lieu 
                        of) the amount of excise taxes which the 
                        employer would otherwise pay under the Federal 
                        Unemployment Tax Act with respect to such 
                        employment; and
                    ``(B) there shall be deducted from the wages of the 
                worker and paid into such trust fund an amount 
                equivalent to the amount of excise taxes that the 
                employee would pay under the Federal Insurance 
                Contributions Act with respect to such employment if it 
                were considered employment for the purposes of such 
                Act.
            ``(3) Expenditures from trust fund.--
                    ``(A) Use of employer contributions for 
                administration.--Amounts described in paragraph (2)(A) 
                paid into the trust fund shall be used for the purpose 
                of administering and enforcing the program.
                    ``(B) Repayment of employee contributions upon 
                return to country of origin.--Amounts described in 
                paragraph (2)(B) paid into the trust fund with respect 
                to a seasonal agricultural worker shall, upon 
                application by the worker at the United States 
                consulate nearest the worker's residence in the country 
                of origin, be paid to the worker if the worker 
                demonstrates the compliance of the worker with the 
                terms and conditions of the program.
    ``(i) Semiannual Reports to Congress.--The Secretary of Agriculture 
in consultation with the Secretary of Labor, shall report to Congress 
semiannually regarding the program. Each such report shall include a 
statement of the number of nonimmigrant visas issued under the program, 
an evaluation of the effectiveness of the program, a description of any 
problems related to the enforcement of the program, and any 
recommendations for legislation relating to the program.
    ``(j) Miscellaneous Provisions.--
            ``(1) Disqualification of seasonal agricultural workers 
        from financial assistance.--An alien admitted as a seasonal 
        agricultural worker is not eligible for any program of 
        financial assistance under Federal law (whether through grant, 
        loan, guarantee, or otherwise) on the basis of financial need, 
        as such programs are identified by the Secretary of Agriculture 
        in consultation with other appropriate heads of the various 
        departments and agencies of Government.
            ``(2) Expansion of consulates.--The Secretary of State is 
        authorized to take such steps as may be necessary in order to 
        expand and establish consulates in foreign countries in which 
        aliens are likely to apply to become seasonal agricultural 
        workers under the program.
            ``(3) Preemption.--The provisions of this section preempt 
        any State or local law on the same subject.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 219 
        the following new item:

``Sec. 220. Nonimmigrant seasonal agricultural program.''.
    (c) Sense of Congress Concerning Bilateral Advisory Commissions.--
It is the sense of Congress that the President should negotiate with 
representatives of the governments of labor source countries to 
establish bilateral advisory commissions in order to consult with and 
advise the Secretary of Agriculture and the Secretary of State 
regarding--
            (1) the regulations to be promulgated;
            (2) the monthly and annual numerical limitations to be 
        established
            (3) the entry, and preference, and visa issuance systems to 
        be established; and
            (4) problems arising under the program established;
under section 220 of the Immigration and Nationality Act, as added by 
subsection (a).
    (d) Immigration Amendments Prohibiting Adjustment of Status of 
Seasonal Agricultural Workers.--
            (1) The first sentence of section 204(a)(1)(F) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is 
        amended by inserting before the period the following: ``, 
        except that no petition for a preference immigrant under 
        section 203(b) may be filed respecting an alien who is a 
        nonimmigrant described in section 101(a)(15)(W)''.
            (2) Section 237(a)(1)(C) of such Act (8 U.S.C. 
        1227(a)(1)(C)) is amended by adding at the end the following 
        new clause:
                            ``(iii) Seasonal agricultural workers.--An 
                        alien who is admitted as a nonimmigrant under 
                        section 101(a)(15)(W) who fails to be 
                        continuously employed or actively seeking 
                        employment in agricultural labor or services in 
                        accordance with the usual customary employment 
                        patterns and practices is deportable.''.
            (3) Prohibition of adjustment or change of status.--
                    (A) Immigrant status.--Section 245(b)(5) of such 
                Act (8 U.S.C. 1255(b)(5)) is amended by inserting ``or 
                section 101(a)(15)(W)'' after ``section 
                101(a)(15)(S)''.
                    (B) Nonimmigrant status.--Section 248(1) of such 
                Act (8 U.S.C. 1258(1)) is amended by striking ``or 
                (S)'' and inserting ``(S), or (W)''.
            (4) Prohibition of counting of period of time as a seasonal 
        agricultural worker for purposes of cancellation of removal.--
        Section 240A(d) of such Act (8 U.S.C. 1229b(d)) is amended by 
        adding at the end the following new paragraph:
            ``(4) Treatment of seasonal agricultural workers.--No 
        period of time in which an alien is residing or present in the 
        United States as a seasonal agricultural worker under section 
        101(a)(15)(W) shall be taken into account for purposes of this 
        section.''.

SEC. 6. LAWFUL STATUS FOR CERTAIN LONG-TERM RESIDENT ALIENS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act is amended by inserting after section 245A the 
following new section:

         ``lawful status for certain long-term resident aliens

    ``Sec. 245B.  (a) Lawful Status.--The Secretary of Homeland 
Security shall adjust the status of an alien to that of an alien 
lawfully admitted to the United States if the alien meets the following 
requirements:
            ``(1) Timely application.--
                    ``(A) During application period.--Except as 
                provided in subparagraph (B), the alien must apply for 
                such adjustment during the 12-month period beginning on 
                a date (not later than 180 days after the date of 
                enactment of this section) designated by the Secretary.
                    ``(B) Application within 30 days of notice to 
                appear.--An alien who, at any time during the first 11 
                months of the 12-month period described in subparagraph 
                (A), is the subject of a notice to appear issued under 
                section 239, must make application under this section 
                not later than the end of the 30-day period beginning 
                either on the first day of such 12-month period or on 
                the date of the issuance of such notice, whichever day 
                is later.
                    ``(C) Information included in application.--Each 
                application under this subsection shall contain such 
                information as the Secretary of Homeland Security may 
                require.
            ``(2) Continuous unlawful residence since january 1, 
        2002.--
                    ``(A) In general.--The alien must establish that 
                the alien entered the United States before January 1, 
                2002, and that he has resided continuously in the 
                United States in an unlawful status since such date and 
                through the date the application is filed under this 
                subsection.
                    ``(B) Nonimmigrants.--In the case of an alien who 
                entered the United States as a nonimmigrant before 
                January 1, 2002, the alien must establish that the 
                alien's period of authorized stay as a nonimmigrant 
                expired before such date through the passage of time or 
                the alien's unlawful status was known to the Government 
                as of such date.
                    ``(C) Exchange visitors.--If the alien was at any 
                time a nonimmigrant exchange alien (as defined in 
                section 101(a)(15)(J)), the alien must establish that 
                the alien was not subject to the two-year foreign 
                residence requirement of section 212(e) or has 
                fulfilled that requirement or received a waiver 
                thereof.
            ``(3) Continuous physical presence since enactment.--
                    ``(A) In general.--The alien must establish that 
                the alien has been continuously physically present in 
                the United States since the date of the enactment of 
                this section.
                    ``(B) Treatment of brief, casual, and innocent 
                absences.--An alien shall not be considered to have 
                failed to maintained continuous physical presence in 
                the United States for purposes of subparagraph (A) by 
                virtue of brief, casual, and innocent absences from the 
                United States.
                    ``(C) Admissions.--Nothing in this section shall be 
                construed as authorizing an alien to apply for 
                admission to, or to be admitted to, the United States 
                in order to apply for adjustment of status under this 
                subsection.
            ``(4) Admissible as immigrant.--The alien must establish 
        that the alien--
                    ``(A) is admissible to the United States as an 
                immigrant, except as otherwise provided under 
                subsection (d),
                    ``(B) has not been convicted of any felony or of 
                two or more misdemeanors committed in the United 
                States, and
                    ``(C) 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.
            ``(5) Basic citizenship skills.--
                    ``(A) In general.--The alien must 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 an 
                        understanding of English and such a knowledge 
                        and understanding of the history and government 
                        of the United States.
                    ``(B) Exception for elderly or developmentally 
                disabled individuals.--The Secretary of Homeland 
                Security may, in his discretion, waive all or part of 
                the requirements of subparagraph (A) in the case of an 
                alien who is 65 years of age or older or who is 
                developmentally disabled.
            ``(6) Payment of fine.--The alien must pay to the Secretary 
        of Homeland Security a fine in the amount of $1,000.
    ``(b) Nature of Lawful Status.--
            ``(1) Not lawful permanent resident status and ineligible 
        to adjust under section 245, but eligible to see lpr status 
        otherwise.--An alien provided lawful status under subsection 
        (a)--
                    ``(A) shall not be considered to be an alien 
                lawfully admitted for permanent residence;
                    ``(B) is not eligible to adjust status under 
                section 245; and
                    ``(C) may seek to obtain lawful permanent resident 
                status under other provisions of law, such as by 
                qualifying for an immigrant visa through a consular 
                office abroad under the regular immigration process.
            ``(2) Termination of lawful status.--The Secretary of 
        Homeland Security shall provide for termination of lawful 
        status granted an alien under subsection (a)--
                    ``(A) if it appears to the Secretary of Homeland 
                Security that the alien was in fact not eligible for 
                such status;
                    ``(B) if the alien commits an act that (i) makes 
                the alien inadmissible to the United States as an 
                immigrant, except as otherwise provided under 
                subsection (d)(2), or (ii) is convicted of any felony 
                or two or more misdemeanors committed in the United 
                States; or
                    ``(C) if and when such alien obtains lawful 
                permanent resident status under law.
            ``(3) Authorized travel and employment during lawful 
        status.--During the period an alien is in lawful status granted 
        under subsection (a)--
                    ``(A) Authorization of travel abroad.--The 
                Secretary of Homeland Security shall, in accordance 
                with regulations, permit the alien to return to the 
                United States after such brief and casual trips abroad 
                as reflect an intention on the part of the alien not to 
                relinquish lawful status and after brief temporary 
                trips abroad occasioned by a family obligation 
                involving an occurrence such as the illness or death of 
                a close relative or other family need.
                    ``(B) Authorization of employment.--The Secretary 
                of Homeland Security shall grant the alien 
                authorization to engage in employment in the United 
                States and provide to that alien an `employment 
                authorized' endorsement or other appropriate work 
                permit.
            ``(4) No derivative treatment of relatives.--A spouse, 
        child, or other relative of an alien who obtains lawful status 
        under subsection (a) is not entitled to such status by virtue 
        of such relationship, but may be provided the same status as 
        such an alien if the spouse, child, or other relative also 
        qualifies under such subsection for such lawful status.
    ``(c) Applications for Adjustment to Lawful Status.--
            ``(1) To whom may be made.--The Secretary of Homeland 
        Security shall provide that applications for adjustment of 
        status under subsection (a) shall be filed with the Secretary.
            ``(2) Confidentiality of information.--
                    ``(A) In general.--Except as provided in this 
                paragraph, neither the Secretary of Homeland Security, 
                nor any other official or employee of the Department of 
                Justice, or bureau or agency thereof, may--
                            ``(i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this section for any purpose other than 
                        to make a determination on the application or 
                        for enforcement of paragraph (3);
                            ``(ii) make any publication whereby the 
                        information furnished by any particular 
                        applicant can be identified; or
                            ``(iii) permit anyone other than the sworn 
                        officers and employees of the Department or 
                        bureau or agency or, with respect to 
                        applications filed with a designated entity, 
                        that designated entity, to examine individual 
                        applications.
                    ``(B) Required disclosures.--The Secretary of 
                Homeland Security shall provide the information 
                furnished under this section, and any other information 
                derived from such furnished information, to a duly 
                recognized law enforcement entity in connection with a 
                criminal investigation or prosecution, when such 
                information is requested in writing by such entity, or 
                to 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) Authorized disclosures.--The Secretary of 
                Homeland Security may provide, in the Secretary of 
                Homeland Security's discretion, for the furnishing of 
                information furnished under this section in the same 
                manner and circumstances as census information may be 
                disclosed by the Secretary of Commerce under section 8 
                of title 13, United States Code.
                    ``(D) 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 of Homeland Security 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.
                    ``(E) Crime.--Whoever knowingly uses, publishes, or 
                permits information to be examined in violation of this 
                paragraph shall be fined not more than $10,000.
            ``(3) Penalties for false statements in applications.--
        Whoever files an application for adjustment of status under 
        this section and knowingly and willfully falsifies, 
        misrepresents, 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, shall be ineligible for 
        adjustment of status under this section and shall be fined in 
        accordance with title 18, United States Code, or imprisoned not 
        more than five years, or both.
            ``(4) Application fees.--
                    ``(A) Fee schedule.--The Secretary of Homeland 
                Security shall provide for a schedule of fees to be 
                charged for the filing of applications for adjustment 
                under subsection (a).
                    ``(B) Use of fees.--The Secretary of Homeland 
                Security shall deposit payments received under this 
                paragraph in a separate account and amounts in such 
                account shall be available, without fiscal year 
                limitation, to cover administrative and other expenses 
                incurred in connection with the review of applications 
                filed under this section.
    ``(d) Waiver of Certain Grounds for Exclusion.--In the 
determination of an alien's admissibility under subsection (a)(4)(A), 
the provisions of paragraphs (5), (6)(A), and (7)(A) of section 212(a) 
shall not apply.
    ``(e) Temporary Stay of Deportation and Work Authorization for 
Certain Applicants.--
            ``(1) 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)(1)(A) and who can establish a prima 
        facie case of eligibility to have his status adjusted under 
        subsection (a) (but for the fact that he may not apply for such 
        adjustment 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 
        adjustment, the alien--
                    ``(A) may not be deported, 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.
            ``(2) During application period.--The Secretary of Homeland 
        Security shall provide that in the case of an alien who 
        presents a prima facie application for adjustment of status 
        under subsection (a) during the application period, and until a 
        final determination on the application has been made in 
        accordance with this section, the alien--
                    ``(A) may not be deported, 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.
    ``(f) Administrative and Judicial Review.--
            ``(1) Administrative and judicial review.--There shall be 
        no administrative or judicial review of a determination 
        respecting an application for adjustment of status under this 
        section except in accordance with this subsection.
            ``(2) No review for late filings.--No denial of adjustment 
        of status under this section based on a late filing of an 
        application for such adjustment may be reviewed by a court of 
        the United States or of any State or reviewed in any 
        administrative proceeding of the United States Government.
            ``(3) 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 described in paragraph (1).
                    ``(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.
    ``(g) Implementation of Section.--
            ``(1) Regulations.--The Secretary of Homeland Security may 
        issue such regulations as may be necessary to carry out this 
        section.
            ``(2) Considerations.--In prescribing regulations described 
        in paragraph (1)--
                    ``(A) Periods of continuous residence.--The 
                Secretary of Homeland Security shall specify individual 
                periods, and aggregate periods, of absence from the 
                United States which will be considered to break a 
                period of continuous residence in the United States and 
                shall take into account absences due merely to brief 
                and casual trips abroad.
                    ``(B) Absences caused by deportation or advanced 
                parole.--The Secretary of Homeland Security shall 
                provide that--
                            ``(i) an alien shall not be considered to 
                        have resided continuously in the United States, 
                        if, during any period for which continuous 
                        residence is required, the alien was outside 
                        the United States as a result of a departure 
                        under an order of deportation, and
                            ``(ii) any period of time during which an 
                        alien is outside the United States pursuant to 
                        the advance parole procedures of the Department 
                        of Homeland Security shall not be considered as 
                        part of the period of time during which an 
                        alien is outside the United States for purposes 
                        of this section.
                    ``(C) Waivers of certain absences.--The Secretary 
                of Homeland Security may provide for a waiver, in the 
                discretion of the Secretary of Homeland Security, of 
                the periods specified under subparagraph (A) in the 
                case of an absence from the United States due merely to 
                a brief temporary trip abroad required by emergency or 
                extenuating circumstances outside the control of the 
                alien.
                    ``(D) Use of certain documentation.--The Secretary 
                of Homeland Security shall require that--
                            ``(i) continuous residence and physical 
                        presence in the United States must be 
                        established through documents, together with 
                        independent corroboration of the information 
                        contained in such documents, and
                            ``(ii) the documents provided under clause 
                        (i) must be employment-related if employment-
                        related documents with respect to the alien are 
                        available to the applicant.
            ``(3) Interim final regulations.--Regulations prescribed 
        under this section may be prescribed to take effect on an 
        interim final basis if the Secretary of Homeland Security 
        determines that this is necessary in order to implement this 
        section in a timely manner.
    ``(h) Dissemination of Information on Legalization Program.--
Beginning not later than the date designated by the Secretary of 
Homeland Security under subsection (a)(1)(A), the Secretary of Homeland 
Security shall broadly disseminate information respecting the benefits 
which aliens may receive under this section and the requirements to 
obtain such benefits.''.
    (b) Conforming Amendments.--
            (1) Section 245(c) of such Act (8 U.S.C. 1255(c)) is 
        amended by striking ``or'' before ``(8)'' and by inserting 
        before the period at the end the following: ``or (9) any alien 
        who has lawful status under section 245B''.
            (2) The table of contents of such Act is amended by 
        inserting after the item relating to section 245A the following 
        new item:

``Sec. 245B. Lawful status for certain long-term residents.''.
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