[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4065 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4065

To amend the Immigration and Nationality Act to strengthen enforcement 
  of the immigration laws, to enhance border security, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2007

 Mr. Sensenbrenner (for himself, Mr. Bilbray, Mr. Dreier, Mr. Feeney, 
Mr. Gallegly, Mr. Goodlatte, Mr. Daniel E. Lungren of California, Mrs. 
Myrick, Mr. Porter, and Mr. Coble) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
    Committee on Homeland Security, 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 strengthen enforcement 
  of the immigration laws, to enhance border security, 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 ``Border 
Enforcement, Employment Verification, and Illegal Immigration Control 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. State defined.
Sec. 3. Sense of Congress on setting a manageable level of immigration.
                TITLE I--SECURING UNITED STATES BORDERS

Sec. 101. Achieving operational control on the border.
Sec. 102. National Strategy for Border Security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One Face at the Border Initiative.
Sec. 106. Secure communication.
Sec. 107. Port of entry inspection personnel.
Sec. 108. Canine detection teams.
Sec. 109. Secure Border Initiative financial accountability.
Sec. 110. Border Patrol training capacity review.
Sec. 111. Airspace security mission impact review.
Sec. 112. Repair of private infrastructure on border.
Sec. 113. Border Patrol unit for Virgin Islands.
Sec. 114. Report on progress in tracking travel of Central American 
                            gangs along international border.
Sec. 115. Collection of data.
Sec. 116. Deployment of radiation detection portal equipment at United 
                            States ports of entry.
Sec. 117. Consultation with businesses and firms.
Sec. 118. Sense of Congress regarding enforcement of immigration laws.
Sec. 119. Securing access to Border Patrol uniforms.
Sec. 120. US-VISIT.
Sec. 121. Voluntary relocation program extension.
Sec. 122. Completion of background and security checks.
  TITLE II--COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY AND PRESENCE

Sec. 201. Definition of aggravated felony.
Sec. 202. Alien smuggling and related offenses.
Sec. 203. Improper entry by, or presence of, aliens.
Sec. 204. Reentry of removed aliens.
Sec. 205. Prohibiting carrying or using a firearm during and in 
                            relation to an alien smuggling crime.
Sec. 206. Clarifying changes.
Sec. 207. Voluntary departure reform.
Sec. 208. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully and from unlawfully 
                            returning to the United States after 
                            departing voluntarily.
Sec. 209. Establishment of the Forensic Documents Laboratory.
Sec. 210. Section 1546 amendments.
Sec. 211. Motions to reopen or reconsider.
Sec. 212. Reform of passport, visa, and immigration fraud offenses.
Sec. 213. Criminal detention of aliens.
Sec. 214. Uniform statute of limitations for certain immigration, 
                            naturalization, and peonage offenses.
Sec. 215. Conforming amendment.
Sec. 216. Inadmissibility for passport and immigration fraud.
Sec. 217. Removal for passport and immigration fraud.
Sec. 218. Reduction in immigration backlog.
Sec. 219. Federal affirmation of assistance in the immigration law 
                            enforcement by States and political 
                            subdivisions of States.
Sec. 220. Training of State and local law enforcement personnel 
                            relating to the enforcement of immigration 
                            laws.
Sec. 221. Financial assistance to State and local police agencies that 
                            assist in the enforcement of immigration 
                            laws.
Sec. 222. Institutional Removal Program (IRP).
Sec. 223. State Criminal Alien Assistance Program (SCAAP).
Sec. 224. State authorization for assistance in the enforcement of 
                            immigration laws encouraged.
         TITLE III--BORDER SECURITY COOPERATION AND ENFORCEMENT

Sec. 301. Joint strategic plan for United States border surveillance 
                            and support.
Sec. 302. Border Security on protected land.
Sec. 303. Border Security threat assessment and information sharing 
                            test and evaluation exercise.
Sec. 304. Border Security Advisory Committee.
Sec. 305. Permitted use of Homeland Security grant funds for Border 
                            Security activities.
Sec. 306. Center of Excellence for Border Security.
Sec. 307. Sense of Congress regarding cooperation with Indian Nations.
Sec. 308. Communication between Government agencies and the Department 
                            of Homeland Security.
Sec. 309. Red Zone Defense Border Intelligence Pilot program.
                    TITLE IV--DETENTION AND REMOVAL

Sec. 401. Mandatory detention for aliens apprehended at or between 
                            ports of entry.
Sec. 402. Expansion and effective management of detention facilities.
Sec. 403. Enhancing transportation capacity for unlawful aliens.
Sec. 404. Denial of admission to nationals of country denying or 
                            delaying accepting alien.
Sec. 405. Report on financial burden of repatriation.
Sec. 406. Training program.
Sec. 407. Expedited removal.
Sec. 408. Report on apprehension and detention of certain aliens.
Sec. 409. Listing of immigration violators in the National Crime 
                            Information Center database.
      TITLE V--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

Sec. 501. Enhanced Border Security coordination and management.
Sec. 502. Office of Air and Marine Operations.
Sec. 503. Shadow Wolves transfer.
                TITLE VI--TERRORIST AND CRIMINAL ALIENS

Sec. 601. Removal of terrorist aliens.
Sec. 602. Detention of dangerous aliens.
Sec. 603. Increase in criminal penalties.
Sec. 604. Precluding admissibility of aggravated felons and other 
                            criminals.
Sec. 605. Precluding refugee or asylee adjustment of status for 
                            aggravated felonies.
Sec. 606. Removing drunk drivers.
Sec. 607. Designated county law enforcement assistance program.
Sec. 608. Rendering inadmissible and deportable aliens participating in 
                            criminal street gangs; detention; 
                            ineligibility from protection from removal 
                            and asylum.
Sec. 609. Naturalization reform.
Sec. 610. Expedited removal for aliens inadmissible on criminal or 
                            security grounds.
Sec. 611. Technical correction for effective date in change in 
                            inadmissibility for terrorists under REAL 
                            ID Act.
Sec. 612. Bar to good moral character.
Sec. 613. Strengthening definitions of ``aggravated felony'' and 
                            ``conviction''.
Sec. 614. Deportability for criminal offenses.
Sec. 615. Declaration of Congress.
Sec. 616. Report on criminal alien prosecution.
Sec. 617. Determination of immigration status of individuals charged 
                            with Federal offenses.
Sec. 618. Increased criminal penalties for document fraud and crimes of 
                            violence.
Sec. 619. Laundering of monetary instruments.
             TITLE VII--EMPLOYMENT ELIGIBILITY VERIFICATION

         Subtitle A--Employment Eligibility Verification System

Sec. 701. Employment eligibility verification system.
Sec. 702. Employment eligibility verification process.
Sec. 703. Expansion of employment eligibility verification system to 
                            previously hired individuals and recruiting 
                            and referring.
Sec. 704. Basic pilot program.
Sec. 705. Hiring halls.
Sec. 706. Penalties.
Sec. 707. Report on Social Security card-based employment eligibility 
                            verification.
Sec. 708. Extension of preemption to required construction of day 
                            laborer shelters.
Sec. 709. Effective date.
Sec. 710. Limitation on verification responsibilities of Commissioner 
                            of Social Security.
Sec. 711. Report on employment eligibility verification system.
Subtitle B--Employment Eligibility Verification and Anti-Identity Theft 
                                  Act

Sec. 721. Short title.
Sec. 722. Requiring agencies to send ``no-match'' letters.
Sec. 723. Requiring employers to take action upon receipt of a ``no-
                            match'' letter.
Sec. 724. Verification system.
Sec. 725. Design and operation of system.
Sec. 726. Extension of time.
Sec. 727. Retention of proof of verification completion.
Sec. 728. Termination of employment.
Sec. 729. Final verification.
Sec. 730. Employer violations.
Sec. 731. Limitation on use.
Sec. 732. Federal Tort Claims Act remedy.
Sec. 733. Protection from liability for actions taken on the basis of 
                            information.
          Subtitle C--Improved Security for Birth Certificates

Sec. 741. Definitions.
Sec. 742. Applicability of minimum standards to local governments.
Sec. 743. Minimum standards for Federal recognition.
Sec. 744. Establishment of electronic birth and death registration 
                            systems.
Sec. 745. Electronic verification of vital events.
Sec. 746. Grants to States.
Sec. 747. Authority.
Sec. 748. Repeal.
            Subtitle D--Stop the Misuse of ITINs Act of 2007

Sec. 751. Short title.
Sec. 752. Notification of employment status of individuals not 
                            authorized to work in the United States.
                       Subtitle E--Miscellaneous

Sec. 761. Sharing of social security data for immigration enforcement 
                            purposes.
Sec. 762. Additional worksite enforcement and fraud detection agents.
           TITLE VIII--IMMIGRATION LITIGATION ABUSE REDUCTION

Sec. 801. Board of Immigration Appeals removal order authority.
Sec. 802. Judicial review of visa revocation.
Sec. 803. Reinstatement.
Sec. 804. Withholding of removal.
Sec. 805. Certificate of reviewability.
Sec. 806. Waiver of rights in nonimmigrant visa issuance.
Sec. 807. Clarification of jurisdiction on review.
Sec. 808. Fees and expenses in judicial proceedings.
                TITLE IX--PRESCREENING OF AIR PASSENGERS

Sec. 901. Immediate International Passenger Prescreening Pilot program.
               TITLE X--SECURITY AND FAIRNESS ENHANCEMENT

Sec. 1001. Short Title.
Sec. 1002. Elimination of diversity immigrant program.
             TITLE XI--OATH OF RENUNCIATION AND ALLEGIANCE

Sec. 1101. Oath of renunciation and allegiance.
 TITLE XII--ELIMINATION OF CORRUPTION AND PREVENTION OF ACQUISITION OF 
                   IMMIGRATION BENEFITS THROUGH FRAUD

Sec. 1201. Short Title.
Sec. 1202. Findings.
Sec. 1203. Structure of the Office of Security and Investigations.
Sec. 1204. Authority of the Office of Security and Investigations to 
                            investigate internal corruption.
Sec. 1205. Authority of the Office of Security and Investigations to 
                            detect and investigate immigration benefits 
                            fraud.
Sec. 1206. Increase in full-time Office of Security and Investigations 
                            personnel.
Sec. 1207. Annual report.
Sec. 1208. Investigations of fraud to precede immigration benefits 
                            grant.
Sec. 1209. Elimination of the Fraud Detection and National Security 
                            Office.
Sec. 1210. Security fee.
           TITLE XIII--TEMPORARY AGRICULTURAL WORKER PROGRAM

Sec. 1301. Admission of temporary H-2A workers.
Sec. 1302. Legal assistance provided by the legal services corporation.
Sec. 1303. Effective date.
                        TITLE XIV--MISCELLANEOUS

Sec. 1401. Prevention of congressional reapportionment distortions.
Sec. 1402. Increase in H-1B visa numbers.

SEC. 2. STATE DEFINED.

    In titles I, III, IV, and V of this Act, the term ``State'' has the 
meaning given it in section 2(14) of the Homeland Security Act of 2002 
(6 U.S.C. 101(14)).

SEC. 3. SENSE OF CONGRESS ON SETTING A MANAGEABLE LEVEL OF IMMIGRATION.

    It is the sense of Congress that the immigration and naturalization 
policy shall be designed to enhance the economic, social and cultural 
well-being of the United States of America.

                TITLE I--SECURING UNITED STATES BORDERS

SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall take 
all actions the Secretary determines necessary and appropriate to 
achieve and maintain operational control over the entire international 
land and maritime borders of the United States, to include the 
following--
            (1) systematic surveillance of the international land and 
        maritime borders of the United States through more effective 
        use of personnel and technology, such as unmanned aerial 
        vehicles, ground-based sensors, satellites, radar coverage, and 
        cameras;
            (2) physical infrastructure enhancements to prevent 
        unlawful entry by aliens into the United States and facilitate 
        access to the international land and maritime borders by United 
        States Customs and Border Protection, such as additional 
        checkpoints, all weather access roads, and vehicle barriers;
            (3) hiring and training as expeditiously as possible 
        additional Border Patrol agents authorized under section 5202 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458); and
            (4) increasing deployment of United States Customs and 
        Border Protection personnel to areas along the international 
        land and maritime borders of the United States where there are 
        high levels of unlawful entry by aliens and other areas likely 
        to be impacted by such increased deployment.
    (b) Operational Control Defined.--In this section, the term 
``operational control'' means the prevention of all unlawful entries 
into the United States, including entries by terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other contraband.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Secretary shall 
submit to Congress a report on the progress made toward achieving and 
maintaining operational control over the entire international land and 
maritime borders of the United States in accordance with this section.

SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Surveillance Plan.--Not later than six months after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a comprehensive plan 
for the systematic surveillance of the international land and maritime 
borders of the United States. The plan shall include the following:
            (1) An assessment of existing technologies employed on such 
        borders.
            (2) A description of whether and how new surveillance 
        technologies will be compatible with existing surveillance 
        technologies.
            (3) A description of how the United States Customs and 
        Border Protection is working, or is expected to work, with the 
        Directorate of Science and Technology of the Department of 
        Homeland Security to identify and test surveillance technology.
            (4) A description of the specific surveillance technology 
        to be deployed.
            (5) The identification of any obstacles that may impede 
        full implementation of such deployment.
            (6) A detailed estimate of all costs associated with the 
        implementation of such deployment and continued maintenance of 
        such technologies.
            (7) A description of how the Department of Homeland 
        Security is working with the Federal Aviation Administration on 
        safety and airspace control issues associated with the use of 
        unmanned aerial vehicles in the National Airspace System.
    (b) National Strategy for Border Security.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in consultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional committees a 
National Strategy for Border Security to achieve operational control 
over all ports of entry into the United States and the international 
land and maritime borders of the United States. The Secretary shall 
update the Strategy as needed and shall submit to the appropriate 
congressional committees, not later than 30 days after each such 
update, the updated Strategy. The National Strategy for Border Security 
shall include the following:
            (1) The implementation timeline for the surveillance plan 
        described in subsection (a).
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at points along the international land and maritime borders of 
        the United States.
            (3) A risk assessment of all ports of entry to the United 
        States and all portions of the international land and maritime 
        borders of the United States, except for ports of entry and 
        facilities subject to vulnerability assessments under section 
        70102 or 70103 of title 46, United States Code, with respect 
        to--
                    (A) preventing the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                and other contraband into the United States; and
                    (B) protecting critical infrastructure at or near 
                such ports of entry or borders.
            (4) An assessment of all 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 with respect to how the Department of Homeland 
        Security can improve coordination with such authorities, to 
        enable border security enforcement to be carried out in an 
        efficient and effective manner.
            (8) A prioritization of research and development objectives 
        to enhance the security of the international land and maritime 
        borders of the United States.
            (9) A description of ways to ensure that the free flow of 
        legitimate travel and commerce of the United States is not 
        diminished by efforts, activities, and programs aimed at 
        securing the international land and maritime borders of the 
        United States.
            (10) An assessment of additional detention facilities and 
        bed space needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States in accordance with the National 
        Strategy for Border Security required under this subsection and 
        the mandatory detention requirement described in section 401 of 
        this Act.
            (11) A description of how the Secretary shall ensure 
        accountability and performance metrics within the appropriate 
        agencies of the Department of Homeland Security responsible for 
        implementing the border security measures determined necessary 
        upon completion of the National Strategy for Border Security.
            (12) A timeline for the implementation of the additional 
        security measures determined necessary as part of the National 
        Strategy for Border Security, including a prioritization of 
        security measures, realistic deadlines for addressing the 
        security and enforcement needs, and resource estimates and 
        allocations.
    (c) Consultation.--In creating the National Strategy for Border 
Security described in subsection (b), the Secretary shall consult 
with--
            (1) State, local, and tribal authorities along the 
        international land and maritime borders of the United States; 
        and
            (2) an appropriate cross-section of private sector and 
        nongovernmental organizations with relevant expertise.
    (d) Coordination.--The National Strategy for Border Security 
described in subsection (b) shall be consistent with the National 
Strategy for Maritime Security developed pursuant to Homeland Security 
Presidential Directive 13.
    (e) Immediate Action.--Nothing in this section shall 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 pursuant to section 101 of this Act or any other provision of 
law.
    (f) Reporting of Implementing Legislation.--After submittal of the 
National Strategy for Border Security described in subsection (b) to 
the appropriate congressional committees, such committees shall 
promptly report to their respective House legislation authorizing 
necessary security measures based on its evaluation of the National 
Strategy for Border Security.
    (g) Appropriate Congressional Committee.--For purposes of this 
title and section 301(b), the term ``appropriate congressional 
committee'' has the meaning given it in section 2(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(2)).
    (h) Rule of Construction.--Nothing in this section shall be 
construed to alter, impact, diminish, or in any way undermine the 
authority of the Administrator of the Federal Aviation Administration 
to oversee, regulate, and control the safe and efficient use of the 
airspace of the United States.

SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees (as defined in section 
102(g)) a report on the implementation of the cross-border security 
agreements signed by the United States with Mexico and Canada, 
including recommendations on improving cooperation with such countries 
to enhance border security.
    (b) Updates.--The Secretary shall regularly update the Committee on 
Homeland Security of the House of Representatives concerning such 
implementation.

SEC. 104. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2008, the Secretary of Homeland Security 
shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the IDENT and IAFIS fingerprint databases 
        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. 1221 note).

SEC. 105. ONE FACE AT THE BORDER INITIATIVE.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to Congress a report--
            (1) describing the tangible and quantifiable benefits of 
        the One Face at the Border Initiative established by the 
        Department of Homeland Security;
            (2) identifying goals for and challenges to increased 
        effectiveness of the One Face at the Border Initiative;
            (3) providing a breakdown of the number of inspectors who 
        were--
                    (A) personnel of the United States Customs Service 
                before the date of the establishment of the Department 
                of Homeland Security;
                    (B) personnel of the Immigration and Naturalization 
                Service before the date of the establishment of the 
                Department;
                    (C) personnel of the Department of Agriculture 
                before the date of the establishment of the Department; 
                or
                    (D) hired after the date of the establishment of 
                the Department;
            (4) describing the training time provided to each employee 
        on an annual basis for the various training components of the 
        One Face at the Border Initiative; and
            (5) outlining the steps taken by the Department to ensure 
        that expertise is retained with respect to customs, 
        immigration, and agriculture inspection functions under the One 
        Face at the Border Initiative.

SEC. 106. SECURE COMMUNICATION.

    The Secretary of Homeland Security shall, as expeditiously as 
practicable, develop and implement a plan to ensure clear and secure 
two-way communication capabilities, including the specific use of 
satellite communications--
            (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 border who do not have 
        mobile communications, as the Secretary determines necessary; 
        and
            (4) between all appropriate Department of Homeland Security 
        border security agencies and State, local, and tribal law 
        enforcement agencies.

SEC. 107. PORT OF ENTRY INSPECTION PERSONNEL.

    In each of fiscal years 2009 through 2012, the Secretary of 
Homeland Security shall, subject to the availability of appropriations, 
increase by not less than 250 the number of positions for full-time 
active duty port of entry inspectors. There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each 
such fiscal year to hire, train, equip, and support such additional 
inspectors under this section.

SEC. 108. CANINE DETECTION TEAMS.

    In each of fiscal years 2009 through 2013, the Secretary of 
Homeland Security shall, subject to the availability of appropriations, 
increase by not less than 25 percent above the number of such positions 
for which funds were allotted for the preceding fiscal year the number 
of trained detection canines for use at United States ports of entry 
and along the international land and maritime borders of the United 
States.

SEC. 109. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

    (a) In General.--The Inspector General of the Department of 
Homeland Security shall review each contract action related to the 
Department's Secure Border Initiative having a value greater 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 
timelines. The Inspector General shall complete a review under this 
subsection with respect to a 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) Report by Inspector General.--Upon completion of each review 
described in subsection (a), the Inspector General shall submit to the 
Secretary of Homeland Security a report containing the findings of the 
review, including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental contract 
management, insufficient departmental financial oversight, bundling 
that limits the ability of small business to compete, or other high 
risk business practices.
    (c) Report by Secretary.--Not later than 30 days after the receipt 
of each report required under subsection (b), the Secretary of Homeland 
Security shall submit to the appropriate congressional committees (as 
defined in section 102(g)) a report on the findings of the report by 
the Inspector General and the steps the Secretary has taken, or plans 
to take, to address the problems identified in such report.
    (d) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General, an additional amount equal to at least five percent 
for fiscal year 2009, at least six percent for fiscal year 2010, and at 
least seven percent for fiscal year 2011 of the overall budget of the 
Office for each such fiscal year is authorized to be appropriated to 
the Office to enable the Office to carry out this section.
    (e) Action by Inspector General.--In the event the Inspector 
General becomes aware of any improper conduct or wrongdoing in 
accordance with the contract review required under subsection (a), the 
Inspector General shall, as expeditiously as practicable, refer 
information related to such improper conduct or wrongdoing to the 
Secretary of Homeland Security or other appropriate official in the 
Department of Homeland Security for purposes of evaluating whether to 
suspend or debar the contractor.

SEC. 110. 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 Department of Homeland Security 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 the curriculum has changed since September 
        11, 2001.
            (2) A review and a detailed breakdown of the costs incurred 
        by United States Customs and Border Protection and the Federal 
        Law Enforcement Training Center to train one 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 law 
        enforcement training programs provided by State and local 
        agencies, non-profit organizations, universities, and the 
        private sector.
            (4) An evaluation of whether and how utilizing comparable 
        non-Federal training programs, proficiency testing to 
        streamline training, and long-distance learning programs may 
        affect--
                    (A) the cost-effectiveness of increasing the number 
                of Border Patrol agents trained per year and reducing 
                the per agent costs of basic training; and
                    (B) the scope and quality of basic training needed 
                to fulfill the mission and duties of a Border Patrol 
                agent.

SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the appropriate 
congressional committees a report detailing the impact the airspace 
security mission in the National Capital Region (in this section 
referred to as the ``NCR'') will have on the ability of the Department 
of Homeland Security to protect the international land and maritime 
borders of the United States. Specifically, the report shall address:
            (1) The specific resources, including personnel, assets, 
        and facilities, devoted or planned to be devoted to the NCR 
        airspace security mission, and from where those resources were 
        obtained or are planned to be obtained.
            (2) An assessment of the impact that diverting resources to 
        support the NCR mission has or is expected to have on the 
        traditional missions in and around the international land and 
        maritime borders of the United States.

SEC. 112. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.

    (a) In General.--Subject to the amount appropriated in subsection 
(d) of this section, the Secretary of Homeland Security shall reimburse 
property owners for costs associated with repairing damages to the 
property owners' private infrastructure constructed on a United States 
Government right-of-way delineating the international land border when 
such damages are--
            (1) the result of unlawful entry of aliens; and
            (2) confirmed by the appropriate personnel of the 
        Department of Homeland Security and submitted to the Secretary 
        for reimbursement.
    (b) Value of Reimbursements.--Reimbursements for submitted damages 
as outlined in subsection (a) shall not exceed the value of the private 
infrastructure prior to damage.
    (c) Reports.--Not later than six months after the date of the 
enactment of this Act and every subsequent six months until the amount 
appropriated for this section is expended in its entirety, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives a report that details 
the expenditures and circumstances in which those expenditures were 
made pursuant to this section.
    (d) Authorization of Appropriations.--There shall be authorized to 
be appropriated an initial $50,000 for each fiscal year to carry out 
this section.

SEC. 113. BORDER PATROL UNIT FOR VIRGIN ISLANDS.

    Not later than September 30, 2008, the Secretary of Homeland 
Security shall establish at least one Border Patrol unit for the Virgin 
Islands of the United States.

SEC. 114. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN 
              GANGS ALONG INTERNATIONAL BORDER.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall report to the Committee 
on Homeland Security of the House of Representatives on the progress of 
the Department of Homeland Security in tracking the travel of Central 
American gangs across the international land border of the United 
States and Mexico.

SEC. 115. COLLECTION OF DATA.

    Beginning on October 1, 2008, the Secretary of Homeland Security 
shall annually compile data on the following categories of information:
            (1) The number of unauthorized aliens who require medical 
        care taken into custody by Border Patrol officials.
            (2) The number of unauthorized aliens with serious injuries 
        or medical conditions Border Patrol officials encounter, and 
        refer to local hospitals or other health facilities.
            (3) The number of unauthorized aliens with serious injuries 
        or medical conditions who arrive at United States ports of 
        entry and subsequently are admitted into the United States for 
        emergency medical care, as reported by United States Customs 
        and Border Protection.
            (4) The number of unauthorized aliens described in 
        paragraphs (2) and (3) who subsequently are taken into custody 
        by the Department of Homeland Security after receiving medical 
        treatment.

SEC. 116. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED 
              STATES PORTS OF ENTRY.

    (a) Deployment.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall deploy 
radiation portal monitors at all United States ports of entry and 
facilities as determined by the Secretary to facilitate the screening 
of all inbound cargo for nuclear and radiological material.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the Department's progress toward carrying out the deployment described 
in subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out subsection (a) such sums as 
may be necessary for each of fiscal years 2008 and 2009.

SEC. 117. CONSULTATION WITH BUSINESSES AND FIRMS.

    With respect to the Secure Border Initiative and for the purposes 
of strengthening security along the international land and maritime 
borders of the United States, the Secretary of Homeland Security shall 
conduct outreach to and consult with members of the private sector, 
including business councils, associations, and small, minority-owned, 
women-owned, and disadvantaged businesses to--
            (1) identify existing and emerging technologies, best 
        practices, and business processes;
            (2) maximize economies of scale, cost-effectiveness, 
        systems integration, and resource allocation; and
            (3) identify the most appropriate contract mechanisms to 
        enhance financial accountability and mission effectiveness of 
        border security programs.

SEC. 118. SENSE OF CONGRESS REGARDING ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Findings.--Congress finds the following:
            (1) A primary duty of the Federal Government is to secure 
        the homeland and ensure the safety of United States citizens 
        and lawful residents.
            (2) As a result of the terrorist attacks on September 11, 
        2001, perpetrated by al Qaida terrorists on United States soil, 
        the United States is engaged in a Global War on Terrorism.
            (3) According to the National Commission on Terrorist 
        Attacks Upon the United States, up to 15 of the 9/11 hijackers 
        could have been intercepted or deported through more diligent 
        enforcement of immigration laws.
            (4) Six years after those attacks, there is still a failure 
        to secure the borders of the United States against illegal 
        entry.
            (5) The failure to enforce immigration laws in the interior 
        of the United States means that illegal aliens face little or 
        no risk of apprehension or removal once they are in the 
        country.
            (6) If illegal aliens can enter and remain in the United 
        States with impunity, so, too, can terrorists enter and remain 
        while they plan, rehearse, and then carry out their attacks.
            (7) The failure to control and to prevent illegal 
        immigration into the United States increases the likelihood 
        that terrorists will succeed in launching catastrophic or 
        harmful attacks on United States soil.
            (8) There are numerous immigration laws that are currently 
        not being enforced.
            (9) Law enforcement officers are often discouraged from 
        enforcing the law by superiors.
    (b) Sense of Congress.--It is the sense of Congress that the 
President, the Attorney General, Secretary of State, Secretary of 
Homeland Security, and other Department Secretaries should immediately 
use every tool available to them to enforce the immigration laws of the 
United States, as enacted by Congress.

SEC. 119. SECURING ACCESS TO BORDER PATROL UNIFORMS.

    Notwithstanding any other provision of law, all uniforms procured 
for the use of Border Patrol agents shall be manufactured in the United 
States substantially all from articles, materials, or supplies mined, 
produced, or manufactured, as the case may be, in the United States.

SEC. 120. US-VISIT.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security, in consultation with the heads 
of other appropriate Federal agencies, shall submit to the appropriate 
congressional committees a timeline for--
            (1) equipping all land border ports of entry with the US-
        VISIT system;
            (2) developing and deploying at all land border ports of 
        entry the exit component of the US-VISIT system; and
            (3) making interoperable all immigration screening systems 
        operated by the Department of Homeland Security.

SEC. 121. VOLUNTARY RELOCATION PROGRAM EXTENSION.

    Section 5739(e) of title 5, United States Code, is amended by 
striking ``7'' and inserting ``12''.

SEC. 122. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following:
    ``(i) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, and the courts may not--
            ``(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,
until an IBIS check on the alien has been initiated at a Treasury 
Enforcement Communications System (TECS) access level of no less than 
Level 3, results from the check have been returned, and any derogatory 
information has been obtained and assessed, and until any other such 
background and security checks have been completed as the Secretary may 
require.
    ``(j) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, and the courts may not--
            ``(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,
until 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 subsection has 
been fully investigated and found to be unsubstantiated.''.

  TITLE II--COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY AND PRESENCE

SEC. 201. DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) in subparagraph (N), by striking ``paragraph (1)(A) or 
        (2) of section 274(a) (relating to alien smuggling)'' and 
        inserting ``section 274(a)'' and by adding a semicolon at the 
        end;
            (2) 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 section 276 for which the term of imprisonment was at least 
        one year''; and
            (3) by striking all that follows subparagraph (U) and 
        inserting the following:
``The term applies--
                    ``(i) to an offense described in this paragraph 
                whether in violation of Federal or State law and 
                applies 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;
                    ``(ii) even if the length of the term of 
                imprisonment is based on recidivist or other 
                enhancements;
                    ``(iii) to an offense described in this paragraph 
                even if the statute setting forth the offense of 
                conviction sets forth other offenses not described in 
                this paragraph, unless the alien affirmatively shows, 
                by a preponderance of evidence and using public records 
                related to the conviction, including court records, 
                police records and presentence reports, that the 
                particular facts underlying the offense do not satisfy 
                the generic definition of that offense; and
                    ``(iv) regardless of whether the conviction was 
                entered before, on, or after September 30, 1996, and 
                notwithstanding any other provision of law (including 
                any effective date).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to offenses that occur before, on, or after the date of the 
enactment of this Act.

SEC. 202. ALIEN SMUGGLING AND RELATED OFFENSES.

    (a) In General.--Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324) is amended to read as follows:

                 ``alien smuggling and related offenses

    ``Sec. 274.  (a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Whoever--
                    ``(A) assists, encourages, directs, or induces a 
                person to come to or enter the United States, or to 
                attempt to come to or enter the United States, knowing 
                or in reckless disregard of the fact that such person 
                is an alien who lacks lawful authority to come to or 
                enter the United States;
                    ``(B) assists, encourages, directs, or induces a 
                person to come to or enter 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, regardless of whether such person has 
                official permission or lawful authority to be in the 
                United States, knowing or in reckless disregard of the 
                fact that such person is an alien;
                    ``(C) 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, where the 
                transportation or movement will aid or further in any 
                manner the person's illegal entry into or illegal 
                presence in the United States;
                    ``(D) 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 
                one country to another or on the high seas, under 
                circumstances in which the person is in fact seeking to 
                enter the United States without official permission or 
                lawful authority; or
                    ``(E) conspires or attempts to commit any of the 
                preceding acts,
        shall be punished as provided in paragraph (2), regardless of 
        any official action which may later be taken with respect to 
        such alien.
            ``(2) Criminal penalties.--A person who violates the 
        provisions of paragraph (1) shall--
                    ``(A) except as provided in subparagraphs (D) 
                through (H), in the case where the offense was not 
                committed for commercial advantage, profit, or private 
                financial gain, be imprisoned for not more than 5 
                years, or fined under title 18, United States Code, or 
                both;
                    ``(B) except as provided in subparagraphs (C) 
                through (H), where the offense was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) in the case of a first violation of 
                        this subparagraph, be imprisoned for not more 
                        than 20 years, or fined under title 18, United 
                        States Code, or both; and
                            ``(ii) for any subsequent violation, be 
                        imprisoned for not less than 3 years nor more 
                        than 20 years, or fined under title 18, United 
                        States Code, or both;
                    ``(C) in the case where the offense was committed 
                for commercial advantage, profit, or private financial 
                gain and involved 2 or more aliens other than the 
                offender, be imprisoned for not less than 3 nor more 
                than 20 years, or fined under title 18, United States 
                Code, or both;
                    ``(D) in the case where the offense furthers or 
                aids the commission of any other offense against the 
                United States or any State, which offense is punishable 
                by imprisonment for more than 1 year, be imprisoned for 
                not less than 5 nor more than 20 years, or fined under 
                title 18, United States Code, or both;
                    ``(E) in the case where any participant in the 
                offense created a substantial risk of death or serious 
                bodily injury to another person, including--
                            ``(i) transporting a person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting a person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting or harboring a person 
                        in a crowded, dangerous, or inhumane manner,
                be imprisoned not less than 5 nor more than 20 years, 
                or fined under title 18, United States Code, or both;
                    ``(F) in the case where the offense caused serious 
                bodily injury (as defined in section 1365 of title 18, 
                United States Code, including any conduct that would 
                violate sections 2241 or 2242 of title 18, United 
                States Code, if the conduct occurred in the special 
                maritime and territorial jurisdiction of the United 
                States) to any person, be imprisoned for not less than 
                7 nor more than 30 years, or fined under title 18, 
                United States Code, or both;
                    ``(G) in the case where the offense involved an 
                alien who the offender knew or had reason to believe 
                was an alien--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in such 
                        terrorist activity,
                be imprisoned for not less than 10 nor more than 30 
                years, or fined under title 18, United States Code, or 
                both; and
                    ``(H) in the case where the offense caused or 
                resulted in the death of any person, be punished by 
                death or imprisoned for not less than 10 years, or any 
                term of years, or for life, or fined under title 18, 
                United States Code, or both.
            ``(3) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Employment of Unauthorized Aliens.--
            ``(1) In general.--Any person who, during any 12-month 
        period, knowingly hires for employment at least 10 individuals 
        with actual knowledge that the individuals are aliens described 
        in paragraph (2), shall be fined under title 18, United States 
        Code, imprisoned for not more than 5 years, or both.
            ``(2) Alien described.--A alien described in this paragraph 
        is an alien who--
                    ``(A) is an unauthorized alien (as defined in 
                section 274A(h)(3)); and
                    ``(B) has been brought into the United States in 
                violation of subsection (a).
    ``(c) Seizure and Forfeiture.--
            ``(1) In general.--Any property, real or personal, that has 
        been 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, including section 981(d) of such title, except 
        that such duties as are imposed upon the Secretary of the 
        Treasury under the customs laws described in that section shall 
        be performed by such officers, agents, and other persons as may 
        be designated for that purpose by the Secretary of Homeland 
        Security.
    ``(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 officers and employees designated by the Secretary of 
Homeland Security, either individually or as a member of a class, and 
all other officers whose duty it is to enforce criminal laws.
    ``(e) Admissibility of Evidence.--
            ``(1) Prima facie evidence in determinations of 
        violations.--Notwithstanding any provision of the Federal Rules 
        of Evidence, in determining whether a violation of subsection 
        (a) has occurred, any of the following shall be prima facie 
        evidence that an alien involved in the violation lacks lawful 
        authority to come to, enter, reside, remain, or be in the 
        United States or that such alien had come to, entered, resided, 
        remained or been present in the United States in violation of 
        law:
                    ``(A) Any order, finding, or determination 
                concerning the alien's status or lack thereof made by a 
                Federal judge or administrative adjudicator (including 
                an immigration judge or an immigration officer) during 
                any judicial or administrative proceeding authorized 
                under the immigration laws or regulations prescribed 
                thereunder.
                    ``(B) An official record of the Department of 
                Homeland Security, Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack thereof.
                    ``(C) Testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack thereof.
            ``(2) Videotaped 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 the witness was available for cross examination at 
        the deposition and the deposition otherwise complies with the 
        Federal Rules of Evidence.
    ``(f) Definitions.--For purposes of this section:
            ``(1) The term `lawful authority' means permission, 
        authorization, or license that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed thereunder. Such term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law, nor does it include authority that has been sought but 
        not approved. No alien shall be deemed to have lawful authority 
        to come to, enter, reside, remain, or be in the United States 
        if such coming to, entry, residence, remaining, or presence 
        was, is, or would be in violation of law.
            ``(2) 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 or to 
        which the alien is traveling or moving.''.
    (b) Clerical Amendment.--The item relating to section 274 in the 
table of contents of such Act is amended to read as follows:

``Sec. 274. Alien smuggling and related offenses.''.

SEC. 203. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
            (1) in the section heading, by inserting ``unlawful 
        presence;'' after ``improper time or place;'';
            (2) in subsection (a)--
                    (A) by striking ``Any alien'' and inserting 
                ``Except as provided in subsection (b), any alien'';
                    (B) by striking ``or'' before (3); and
                    (C) by inserting after ``concealment of a material 
                fact,'' the following: ``or (4) is otherwise present in 
                the United States in violation of the immigration laws 
                or the regulations prescribed thereunder,'';
            (3) by amending subsection (c) to read as follows:
    ``(c)(1) Whoever--
            ``(A) knowingly enters into a marriage for the purpose of 
        evading any provision of the immigration laws; or
            ``(B) knowingly misrepresents the existence or 
        circumstances of a marriage--
                    ``(i) in an application or document arising under 
                or authorized by the immigration laws of the United 
                States or the regulations prescribed thereunder, or
                    ``(ii) 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 title 18, United States Code, or 
        imprisoned not more than 10 years, or both.
    ``(2) Whoever--
            ``(A) knowingly enters into two or more marriages for the 
        purpose of evading any provision of the immigration laws; or
            ``(B) knowingly arranges, supports, or facilitates two or 
        more marriages designed or intended to evade any provision of 
        the immigration laws;
shall be fined under title 18, United States Code, imprisoned not less 
than 2 years nor more than 20 years, or both.
    ``(3) An offense under this subsection continues until the 
fraudulent nature of the marriage or marriages is discovered by an 
immigration officer.
    ``(4) For purposes of this section, the term `proceeding' includes 
an adjudication, interview, hearing, or review.'';
            (4) in subsection (d)--
                    (A) by striking ``5 years'' and inserting ``10 
                years'';
                    (B) by adding at the end the following: ``An 
                offense under this subsection continues until the 
                fraudulent nature of the commercial enterprise is 
                discovered by an immigration officer.''; and
            (5) by adding at the end the following new subsections:
    ``(e)(1) Any alien described in paragraph (2)--
            ``(A) shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both, if the offense 
        described in such paragraph was committed subsequent to a 
        conviction or convictions for commission of three or more 
        misdemeanors involving drugs, crimes against the person, or 
        both, or a felony;
            ``(B) whose violation was subsequent to conviction for a 
        felony for which the alien received a sentence of 30 months or 
        more, shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both; or
            ``(C) whose violation was subsequent to conviction for a 
        felony for which the alien received a sentence of 60 months or 
        more, shall be fined under title 18, United States Code, 
        imprisoned not more than 20 years, or both.
    ``(2) An alien described in this paragraph is an alien who--
                    ``(A) enters or attempts to enter the United States 
                at any time or place other than as designated by 
                immigration officers;
                    ``(B) eludes examination or inspection by 
                immigration officers;
                    ``(C) attempts to enter or obtains entry to the 
                United States by a willfully false or misleading 
                representation or the willful concealment of a material 
                fact; or
                    ``(D) is otherwise present in the United States in 
                violation of the immigration laws or the regulations 
                prescribed thereunder.
    ``(3) The prior convictions in subparagraph (A), (B), or (C) of 
paragraph (1) are elements of those crimes and the penalties in those 
subparagraphs shall apply only in cases in which the conviction (or 
convictions) that form the basis for the additional penalty are alleged 
in the indictment or information and are proven beyond a reasonable 
doubt at trial or admitted by the defendant in pleading guilty. Any 
admissible evidence may be used to show that the prior conviction is a 
qualifying crime, and the criminal trial for a violation of this 
section shall not be bifurcated.
    ``(4) An offense under subsection (a) or paragraph (1) of this 
subsection continues until the alien is discovered within the United 
States by immigration officers.
    ``(f) For purposes of this section, the term `attempts to enter' 
refers to the general intent of the alien to enter the United States 
and does not refer to the intent of the alien to violate the law.''.

SEC. 204. REENTRY OF REMOVED ALIENS.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking all that follows 
                ``United States'' the first place it appears and 
                inserting a comma;
                    (B) in the matter following paragraph (2), by 
                striking ``imprisoned not more than 2 years,'' and 
                inserting ``imprisoned for a term of not less than 1 
                year and not more than 2 years,'';
                    (C) by adding at the end the following: ``It shall 
                be an affirmative defense to an offense under this 
                subsection that (A) prior to an alien's reembarkation 
                at a place outside the United States or an alien's 
                application for admission from foreign contiguous 
                territory, the Secretary of Homeland Security has 
                expressly consented to the alien's reapplying for 
                admission; or (B) with respect to an alien previously 
                denied admission and removed, such alien was not 
                required to obtain such advance consent under this Act 
                or any prior Act.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``imprisoned not 
                more than 10 years,'' and insert ``imprisoned for a 
                term of not less than 5 years and not more than 10 
                years,'';
                    (B) in paragraph (2), by striking ``imprisoned not 
                more than 20 years,'' and insert ``imprisoned for a 
                term of not less than 10 years and not more than 20 
                years,'';
                    (C) in paragraph (3), by striking ``. or'' and 
                inserting ``; or'';
                    (D) in paragraph (4), by striking ``imprisoned for 
                not more than 10 years,'' and insert ``imprisoned for a 
                term of not less than 5 years and not more than 10 
                years,''; and
                    (E) by adding at the end the following: ``The prior 
                convictions in paragraphs (1) and (2) are elements of 
                enhanced crimes and the penalties under such paragraphs 
                shall apply only where the conviction (or convictions) 
                that form the basis for the additional penalty are 
                alleged in the indictment or information and are proven 
                beyond a reasonable doubt at trial or admitted by the 
                defendant in pleading guilty. Any admissible evidence 
                may be used to show that the prior conviction is a 
                qualifying crime and the criminal trial for a violation 
                of either such paragraph shall not be bifurcated.'';
            (3) in subsections (b)(3), (b)(4), and (c), by striking 
        ``Attorney General'' and inserting ``Secretary of Homeland 
        Security'' each place it appears;
            (4) in subsection (c), by striking ``242(h)(2)'' and 
        inserting ``241(a)(4)''; and
            (5) by adding at the end the following new subsection:
    ``(e) For purposes of this section, the term `attempts to enter' 
refers to the general intent of the alien to enter the United States 
and does not refer to the intent of the alien to violate the law.''.

SEC. 205. 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 paragraphs (1)(A) and (1)(D)(ii), by inserting ``, 
        alien smuggling crime,'' after ``crime of violence'' each place 
        it appears; and
            (2) by adding at the end the following new paragraph:
    ``(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, or 
1328).''.

SEC. 206. CLARIFYING CHANGES.

    (a) Exclusion Based on False Claim of Nationality.--
            (1) In general.--Section 212(a)(6)(C)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 
        amended--
                    (A) in the heading, by inserting ``or nationality'' 
                after ``citizenship''; and
                    (B) by inserting ``or national'' after ``citizen'' 
                each place it appears.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to acts occurring before, on, or after such date.
    (b) Sharing of Information.--Section 290(b) of such Act (8 U.S.C. 
1360(b)) is amended--
            (1) by inserting ``, or as to any person seeking any 
        benefit or privilege under the immigration laws,'' after 
        ``United States'';
            (2) by striking ``Service'' and inserting ``Secretary of 
        Homeland Security''; and
            (3) by striking ``Attorney General'' and inserting 
        ``Secretary''.
    (c) Exceptions Authority.--Section 212(a)(3)(B)(ii) of such Act (8 
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause (VII)'' 
and inserting ``Subclause (IX)''.

SEC. 207. VOLUNTARY DEPARTURE REFORM.

    (a) Encouraging Aliens To Depart Voluntarily.--
            (1) Authority.--Subsection (a) of section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In lieu of removal proceedings.--The Secretary of 
        Homeland Security may permit an alien voluntarily to depart the 
        United States at the alien's own expense under this subsection, 
        in lieu of being subject to proceedings under section 240, if 
        the alien is not described in section 237(a)(2)(A)(iii) or 
        section 237(a)(4).'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Prior to the conclusion of removal proceedings.--
        After removal proceedings under section 240 are initiated, the 
        Attorney General may permit an alien voluntarily to depart the 
        United States at the alien's own expense under this subsection, 
        prior to the conclusion of such proceedings before an 
        immigration judge, if the alien is not described in section 
        237(a)(2)(A)(iii) or section 237(a)(4).''; and
                    (E) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)''.
            (2) Voluntary departure period.--Such section is further 
        amended--
                    (A) in subsection (a)(3), as redesignated by 
                paragraph (1)(C)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) In lieu of removal.--Subject to subparagraph 
                (C), permission to depart voluntarily under paragraph 
                (1) shall not be valid for a period exceeding 120 days. 
                The Secretary of Homeland Security may require an alien 
                permitted to depart voluntarily 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) in subparagraph (B), by striking 
                        ``subparagraphs (C) and (D)(ii)'' and inserting 
                        ``subparagraphs (D) and (E)(ii)'';
                            (iii) in subparagraphs (C) and (D), by 
                        striking ``subparagraph (B)'' and inserting 
                        ``subparagraph (C)'' each place it appears;
                            (iv) by redesignating subparagraphs (B), 
                        (C), and (D) as subparagraphs (C), (D), and 
                        (E), respectively; and
                            (v) by inserting after subparagraph (A) the 
                        following new subparagraph:
                    ``(B) Prior to the conclusion of removal 
                proceedings.--Permission to depart voluntarily under 
                paragraph (2) shall not be valid for a period exceeding 
                60 days, and may be granted only after a finding that 
                the alien has established that the alien has the means 
                to depart the United States and intends to do so. An 
                alien permitted to depart voluntarily under paragraph 
                (2) must 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 posting of a voluntary departure bond 
                in individual cases upon a finding that the alien has 
                presented compelling evidence that the posting of a 
                bond will be a serious financial hardship and the alien 
                has presented credible evidence that such a bond is 
                unnecessary to guarantee timely departure.''; and
                    (B) in subsection (b)(2), by striking ``60 days'' 
                and inserting ``45 days''.
            (3) Voluntary departure agreements.--Subsection (c) of such 
        section is amended to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        will be granted only 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 in the exercise of 
        discretion may agree to a reduction in the period of 
        inadmissibility under subparagraph (A) or (B)(i) of section 
        212(a)(9).
            ``(3) Failure to comply with agreement and effect of filing 
        timely appeal.--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 a failure to timely 
        post any required bond), the alien automatically becomes 
        ineligible for the benefits of the agreement, subject to the 
        penalties described in subsection (d), and subject to an 
        alternate order of removal if voluntary departure was granted 
        under subsection (a)(2) or (b). However, if an alien agrees to 
        voluntary departure but later 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 thereof, but the alien 
        may not again be granted voluntary departure while the alien 
        remains in the United States.''.
            (4) Eligibility.--Subsection (e) of such section is amended 
        to read as follows:
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to depart voluntarily under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Additional limitations.--The Secretary of Homeland 
        Security may by regulation limit eligibility or impose 
        additional conditions for voluntary departure under subsection 
        (a)(1) for any class or classes of aliens. The Secretary or 
        Attorney General may by regulation limit eligibility or impose 
        additional conditions for voluntary departure under subsection 
        (a)(2) or (b) for any class or classes of aliens. 
        Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and section 
        1361 and 1651 of such title, no court may review any regulation 
        issued under this subsection.''.
    (b) Avoiding Delays in Voluntary Departure.--
            (1) Alien's obligation to depart within the time allowed.--
        Subsection (c) of section 240B of the Immigration and 
        Nationality Act (8 U.S.C. 1229c), as amended by subsection (a), 
        is further amended by adding at the end the following new 
        paragraph:
            ``(4) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary of Homeland Security 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.''.
            (2) No tolling.--Subsection (f) of such section is amended 
        by adding at the end the following new sentence: 
        ``Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and section 
        1361 and 1651 of such title, no court shall have jurisdiction 
        to affect, reinstate, enjoin, delay, stay, or toll the period 
        allowed for voluntary departure under this section.''.
    (c) Penalties for Failure To Depart Voluntarily.--
            (1) Penalties for failure to depart.--Subsection (d) of 
        section 240B of the Immigration and Nationality Act (8 U.S.C. 
        229c) is amended to read as follows:
    ``(d) Penalties for Failure To Depart.--If an alien is permitted to 
depart voluntarily under this section and fails voluntarily to depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the following 
provisions apply:
            ``(1) Civil penalty.--
                    ``(A) In general.--The alien will be liable for a 
                civil penalty of $3,000.
                    ``(B) Specification in order.--The order allowing 
                voluntary departure shall specify the amount of the 
                penalty, which shall be acknowledged by the alien on 
                the record.
                    ``(C) Collection.--If the Secretary of Homeland 
                Security 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.
                    ``(D) Ineligibility for benefits.--An alien will be 
                ineligible for any benefits under this title until any 
                civil penalty under this subsection is paid.
            ``(2) Ineligibility for relief.--The alien will 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.
            ``(3) Reopening.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                alien will be ineligible to reopen a final order of 
                removal which took effect upon the alien's failure to 
                depart, or the alien's violation of the conditions for 
                voluntary departure, during the period described in 
                paragraph (2).
                    ``(B) Exception.--Subparagraph (A) does not 
                preclude a motion to reopen to seek withholding of 
                removal under section 241(b)(3) or protection against 
                torture.
        The order permitting the alien to depart voluntarily under this 
        section shall inform the alien of the penalties under this 
        subsection.''.
            (2) Implementation of existing statutory penalties.--The 
        Secretary of Homeland Security shall implement regulations to 
        provide for the imposition and collection of penalties for 
        failure to depart under section 240B(d) of the Immigration and 
        Nationality Act, as amended by paragraph (1).
    (d) 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 date of the enactment 
        of this Act.
            (2) Exception.--The amendment made by subsection (b)(2) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        entered on or after such date.

SEC. 208. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED 
              STATES UNLAWFULLY AND FROM UNLAWFULLY RETURNING TO THE 
              UNITED STATES AFTER DEPARTING VOLUNTARILY.

    (a) Inadmissible Aliens.--Paragraph (9) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended--
            (1) in subparagraph (A)(i), by striking ``within 5 years 
        of'' and inserting ``before, or within 5 years of,''; and
            (2) in subparagraph (A)(ii) by striking ``within 10 years 
        of'' and inserting ``before, or within 10 years of,''.
    (b) Failure To Depart, Apply for Travel Documents, or Appear for 
Removal or Conspiracy To Prevent or Hamper Departure.--Section 274D of 
such Act (8 U.S.C. 1324d) is amended--
            (1) in subsection (a), by striking ``Commissioner'' and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following new subsection:
    ``(c) Ineligibility for Relief.--
            ``(1) In general.--Subject to paragraph (2), 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 pursuant to a motion to 
        reopen during the time the alien remains in the United States 
        and for a period of 10 years after the alien's departure.
            ``(2) Exception.--Paragraph (1) does not preclude a motion 
        to reopen to seek withholding of removal under section 
        241(b)(3) or protection against torture.''.
    (c) Deterring Aliens From Unlawfully Returning to the United States 
After Departing Voluntarily.--Section 275(a) of such Act (8 U.S.C. 
1325(a)) is amended by inserting ``or following an order of voluntary 
departure'' after ``a subsequent commission of any such offense''.
    (d) Effective Dates.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) 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, whether the removal order was entered before, on, or 
        after such date.
            (2) Voluntary departure.--The amendment made by subsection 
        (c) shall take effect on the date of the enactment of this Act 
        and shall apply with respect to conduct occurring on or after 
        such date.

SEC. 209. ESTABLISHMENT OF THE FORENSIC DOCUMENTS LABORATORY.

    (a) In General.--The Secretary of Homeland Security shall establish 
a Fraudulent Documents Center (to be known as the Forensic Document 
Laboratory) to carry out the following:
            (1) Collect information from Federal, State, and local law 
        enforcement agencies, and foreign governments on the 
        production, sale, distribution, and use of fraudulent documents 
        intended to be used to enter, travel, or remain within the 
        United States unlawfully.
            (2) Maintain the information described in paragraph (1) in 
        a comprehensive database.
            (3) Maintain a repository of genuine and fraudulent travel 
        and identity document exemplars.
            (4) Convert the information collected into reports that 
        provide guidance to government officials in identifying 
        fraudulent documents being used to enter into, travel within, 
        or remain in the United States.
            (5) Develop a system for distributing these reports on an 
        ongoing basis to appropriate Federal, State, and local law 
        enforcement agencies.
    (b) Distribution of Information.--The Forensic Document Laboratory 
shall distribute its reports to appropriate Federal, State, and local 
law enforcement agencies on an ongoing basis.

SEC. 210. SECTION 1546 AMENDMENTS.

    (a) Section 1546(a) of title 18, United States Code, is amended in 
the first paragraph by inserting ``distributes (or intends to 
distribute),'' before ``or falsely'' the first place it appears.
    (b) Section 1546(a) of title 18, United States Code, is amended in 
the first paragraph by inserting ``distributed,'' before ``or falsely'' 
the second place it appears.

SEC. 211. MOTIONS TO REOPEN OR RECONSIDER.

    (a) Exercise of Discretion.--Section 240(c) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)) is amended--
            (1) by adding at the end of paragraph (5) the following new 
        subparagraph:
                    ``(D) Discretion.--The decision to grant or deny a 
                motion to reconsider is committed to the Attorney 
                General's discretion.''; and
            (2) by adding at the end of paragraph (6) the following new 
        subparagraph:
                    ``(D) Discretion.--The decision to grant or deny a 
                motion to reopen is committed to the Attorney General's 
                discretion.''.
    (b) Prima Facie Eligibility for Protection From Removal to 
Alternative Country of Removal Not Previously Considered.--Section 
240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a) is 
further amended by adding at the end of paragraph (6) the following new 
subparagraph:
                    ``(E) Special rule for alternative countries of 
                removal.--The time and numerical limitations specified 
                in this paragraph shall not apply if--
                            ``(i) the Secretary seeks to remove the 
                        alien to an alternative or additional country 
                        of removal under subparagraph (D) or (E) of 
                        section 241(b)(2) that had not been considered 
                        during the alien's prior removal proceedings;
                            ``(ii) the alien's motion to reopen is 
                        filed within 30 days after the date the alien 
                        receives notice of the Secretary's intention to 
                        remove the alien to that country; and
                            ``(iii) the alien establishes a prima facie 
                        case that the alien is entitled by law to 
                        withholding of removal under section 241(b)(3) 
                        or protection under the Convention Against 
                        Torture with respect to that particular 
                        country.''.
    (c) Effective Date.--This section, and the amendments made by this 
section, shall apply to motions to reopen and reconsider that are filed 
on or after the date of the enactment of this Act in removal, 
deportation, or exclusion proceedings, regardless of whether a final 
administrative order is entered before, on, or after such date.

SEC. 212. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

    Chapter 75 of title 18, United States Code is amended to read as 
follows:

          ``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

``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. Attempts and conspiracies.
``1548. Increased penalties for certain offenses.
``1549. Seizure and forfeiture.
``1550. Additional jurisdiction.
``1551. Additional venue.
``1552. Definitions.
``1553. Authorized law enforcement activities.
``Sec. 1541. Trafficking in passports
    ``(a) Whoever, during any three-year period--
            ``(1) knowingly and without lawful authority produces, 
        issues, or transfers 10 or more passports; or
            ``(2) knowingly forges, counterfeits, alters, or falsely 
        makes 10 or more passports; or
            ``(3) knowingly secures, possesses, uses, receives, buys, 
        or sells 10 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, issued, or designed for the use of another, or 
        produced or issued without lawful authority; or
            ``(4) knowingly 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 less than 3 years nor 
more than 20 years, or both.
    ``(b) Whoever 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 less than 3 years nor more than 20 years, or both.
``Sec. 1542. False statement in an application for a passport
    ``Whoever knowingly--
            ``(1) makes any false statement or representation in an 
        application for a United States passport (including any 
        supporting documentation); or
            ``(2) completes, mails, prepares, presents, signs, or 
        submits an application for a United States passport (including 
        any supporting documentation) knowing it 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), when 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) Whoever--
            ``(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) Whoever 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; or
            ``(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) Whoever--
            ``(1) knowingly uses any passport issued or designed for 
        the use of another; or
            ``(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; or
            ``(3) knowingly secures, possesses, uses, receives, buys, 
        or sells 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) Whoever knowingly uses any passport--
            ``(1) to enter or to attempt to enter the United States, or
            ``(2) to defraud an agency of the United States, a State, 
        or a political subdivision of a State,
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, shall be fined under this 
title, imprisoned not less than 6 months nor more than 15 years, or 
both.
``Sec. 1545. Schemes to defraud aliens
    ``(a) Whoever knowingly defrauds any person in connection with--
            ``(1) any matter that is authorized by or arises under the 
        immigration laws of the United States, or
            ``(2) any matter the offender claims or represents is 
        authorized by or arises under the immigration laws of the 
        United States,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Whoever knowingly and falsely represents himself to be an 
attorney in any matter authorized by or arising under the immigration 
laws of the United States shall be fined under this title, imprisoned 
not more than 15 years, or both.
``Sec. 1546. Immigration and visa fraud
    ``(a) Whoever--
            ``(1) knowingly uses any immigration document issued or 
        designed for the use of another; or
            ``(2) knowingly forges, counterfeits, alters, or falsely 
        makes any immigration document; or
            ``(3) knowingly completes, mails, prepares, presents, 
        signs, or submits any immigration document knowing it to 
        contain any materially false statement or representation; or
            ``(4) knowingly secures, possesses, uses, transfers, 
        receives, buys, or sells any immigration document knowing it to 
        be forged, counterfeited, altered, falsely made, stolen, 
        procured by fraud, issued or designed for another, or produced 
        or issued without lawful authority; or
            ``(5) knowingly adopts or uses a false or fictitious name 
        to evade or to attempt to evade the immigration laws; or
            ``(6) knowingly and without lawful authority transfers or 
        furnishes an immigration document to a person for use when 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) Whoever, during any three-year period--
            ``(1) knowingly and without lawful authority produces, 
        issues, or transfers 10 or more immigration documents; or
            ``(2) knowingly forges, counterfeits, alters, or falsely 
        makes 10 or more immigration documents; or
            ``(3) knowingly secures, possesses, uses, buys, or sells 10 
        or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or issued or designed for the use of 
        another, or produced or issued without lawful authority; or
            ``(4) knowingly 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 less than 2 years nor 
more than 20 years, or both.
    ``(c) Whoever 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 less than 2 years nor more than 20 years, or 
both.
``Sec. 1547. Attempts and conspiracies
    ``Whoever attempts or conspires to violate any section within this 
chapter shall be punished in the same manner as a completed violation 
of that section. An attempt offense under this chapter is a general 
intent crime.
``Sec. 1548. Increased penalties for certain offenses
    ``(a) Whoever violates any of the sections within this chapter with 
the intent to facilitate an act of international terrorism (as defined 
in section 2331 of this title) shall be fined under this title, 
imprisoned not less than 7 years nor more than 25 years, or both.
    ``(b) Whoever violates any section in this chapter 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 less than 3 years nor more than 
20 years, or both.
``Sec. 1549. Seizure and forfeiture
    ``(a) Any property, real or personal, that has been used to commit 
or facilitate the commission of a violation of any section within this 
chapter, the gross proceeds of such violation, and any property 
traceable to such property or proceeds, shall be subject to forfeiture.
    ``(b) Seizures and forfeitures under this section shall be governed 
by the provisions of chapter 46 of this title, relating to civil 
forfeitures, including section 981(d) of such title, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in that section 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. 1550. Additional jurisdiction
    ``(a) Whoever commits an offense under this chapter within the 
special maritime and territorial jurisdiction of the United States 
shall be punished as provided by that offense.
    ``(b) Whoever commits an offense under this chapter outside the 
United States shall be punished as provided by that offense if--
            ``(1) the offense involves a United States immigration 
        document (or any document purporting to be the same) or any 
        matter, right, or benefit arising under or authorized by the 
        immigration laws of the United States or the regulations 
        prescribed thereunder; or
            ``(2) the offense is in or affects foreign commerce; or
            ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of the 
        immigration laws of the United States, or the national security 
        of the United States; or
            ``(4) the offense is committed to facilitate an act of 
        international terrorism (as defined in section 2331 of this 
        title) or a drug trafficking crime (as defined in section 
        929(a) of this title) that affects or would affect the national 
        security of the United States; or
            ``(5) an 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. 1001(a)(22)) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of the Immigration and 
        Nationality Act (8 U.S.C. 1001(a)(20)); or
            ``(6) an offender is a stateless person whose habitual 
        residence is in the United States.
``Sec. 1551. Additional venue
    ``An offense under section 1542 of this chapter may be prosecuted 
in--
            ``(1) any district in which the false statement or 
        representation was made; or
            ``(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.
Nothing in this section limits the venue otherwise available under 
sections 3237 and 3238 of this title.
``Sec. 1552. Definitions
    ``For purposes of 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 that 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' means--
                    ``(A) any passport or visa; or
                    ``(B) 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.
        Such term 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) of this subsection.
            ``(6) A person does not exercise `lawful authority' if the 
        person abuses or improperly exercises lawful authority the 
        person otherwise holds.
            ``(7) 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.
            ``(8) The term `produce' means to make, prepare, assemble, 
        issue, print, authenticate, or alter.
            ``(9) 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. 1553. Authorized law enforcement activities
    ``The sections in this chapter do not prohibit any lawfully 
authorized investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a subdivision of a 
State, or of an intelligence agency of the United States, or any 
activity authorized under title V of the Organized Crime Control Act of 
1970 (18 U.S.C. note prec. 3481).''.

SEC. 213. CRIMINAL DETENTION OF ALIENS.

    (a) Section 3142(e) of title 18, United States Code, is amended by 
inserting at the end the following:
``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 is an alien and that 
the person--
            ``(1) has no lawful immigration status in the United 
        States;
            ``(2) is the subject of a final order of removal; or
            ``(3) has committed a felony offense under section 911, 
        922(g)(5), 1015, 1028, 1425, or 1426 of this title, or any 
        section of chapters 75 and 77 of this title, or section 243, 
        274, 275, 276, 277, or 278, of the Immigration and Nationality 
        Act.''.
    (b) Section 3142(g)(3) of title 18, United States Code, is amended 
by striking ``and'' at the end of subparagraph (A) and by adding at the 
end the following new subparagraph:
                    ``(C) the person's immigration status; and''.

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
              NATURALIZATION, AND PEONAGE OFFENSES.

    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) of 
this title (or for attempt or conspiracy to violate any such section), 
or for a violation of any criminal provision of sections 243, 266, 274, 
275, 276, 277, or 278 of the Immigration and Nationality Act (or for 
attempt or conspiracy to violate any such section), unless the 
indictment is returned or the information filed within ten years after 
the commission of the offense.''.

SEC. 215. CONFORMING AMENDMENT.

    Subparagraph (P) of section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) 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 or is 
        described in section 1546(a) of such title (relating to 
        document fraud) and (ii)'' and inserting ``which is described 
        in any section of chapter 75 of title 18, United States 
        Code,''; and
            (2) by inserting after ``first offense'' the following: 
        ``(i) that is not described in section 1548 (relating to 
        increased penalties), and (ii)''.

SEC. 216. INADMISSIBILITY FOR PASSPORT AND IMMIGRATION FRAUD.

    (a) In General.--Section 212(a)(2)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended--
            (1) by striking ``or'' at the end of subclause (I);
            (2) by inserting ``or'' at the end of subclause (II); and
            (3) by inserting the following new subparagraph:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                section of chapter 75 of title 18, 
                                United States Code,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to proceedings pending on or after the date of the enactment of 
this Act.

SEC. 217. REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD.

    (a) In General.--Clause (iii) of section 237(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C.1227(a)(3)(B)) is amended to 
read as follows ``(iii) of a violation of, or an attempt or a 
conspiracy to violate, any section of chapter 75 of title 18, United 
States Code,''.
    (b) Effective Date.--This amendment made by subsection (a) shall 
apply to proceedings pending on or after the date of the enactment of 
this Act.

SEC. 218. REDUCTION IN IMMIGRATION BACKLOG.

    (a) In General.--The Secretary of Homeland Security shall require 
that, not later than six months after the date of the enactment of this 
Act, the Director of United States Citizenship and Immigration Services 
(in this section referred to as ``USCIS'') undertake maximum efforts to 
reduce to the greatest extent practicable the backlog in the processing 
and adjudicative functions of USCIS.
    (b) Pilot Program Initiatives.--
            (1) In general.--The Director is authorized to implement a 
        pilot program for the purposes of, to the greatest extent 
        practicable--
                    (A) reducing the backlog in the processing of 
                immigration benefit applications; and
                    (B) preventing such backlog from recurring.
            (2) Initiatives.--To carry out paragraph (1), initiatives 
        may include measures such as increasing personnel, transferring 
        personnel to focus on areas with the largest potential for 
        backlog, streamlining paperwork processes, and increasing 
        information technology and service centers.

SEC. 219. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW 
              ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
              STATES.

    (a) In General.--Notwithstanding any other provision of law and 
reaffirming the existing inherent authority of States, law enforcement 
personnel of a State or a political subdivision of a State have the 
inherent authority of a sovereign entity to investigate, identify, 
apprehend, arrest, detain, or transfer to Federal custody aliens in the 
United States (including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting in the 
enforcement of the immigration laws of the United States in the course 
of carrying out routine duties. This State authority has never been 
displaced or preempted by Congress.
    (b) Construction.--Nothing in this section may be construed to 
require law enforcement personnel of a State or political subdivision 
of a State to--
            (1) report the identity of a victim of, or a witness to, a 
        criminal offense to the Secretary of Homeland Security for 
        immigration enforcement purposes; or
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States.

SEC. 220. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
              RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall establish--
            (1) a training manual for law enforcement personnel of a 
        State or political subdivision of a State to train such 
        personnel in the investigation, identification, apprehension, 
        arrest, detention, and transfer to Federal custody of aliens in 
        the United States (including the transportation of such aliens 
        across State lines to detention centers and the identification 
        of fraudulent documents); and
            (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State or political subdivision of a 
        State to provide a quick reference for such personnel in the 
        course of duty.
    (b) Availability.--The training manual and pocket guide established 
in accordance with subsection (a) shall be made available to all State 
and local law enforcement personnel.
    (c) Applicability.--Nothing in this section shall be construed to 
require State or local law enforcement personnel to carry the training 
manual or pocket guide established under subsection (a)(2) with them 
while on duty.
    (d) Costs.--The Secretary of Homeland Security shall be responsible 
for any and all costs incurred in establishing the training manual and 
pocket guide under subsection (a).
    (e) Training Flexibility.--
            (1) In general.--The Secretary of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        residential training at the Center for Domestic Preparedness, 
        onsite training held at State or local police agencies or 
        facilities, online training courses by computer, 
        teleconferencing, and videotape, or the digital video display 
        (DVD) of a training course or courses. E-learning through a 
        secure, encrypted distributed learning system that has all its 
        servers based in the United States, is sealable, survivable, 
        and can have a portal in place within 30 days, shall be made 
        available by the Federal Law Enforcement Training Center 
        Distributed Learning Program for State and local law 
        enforcement personnel.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
            (3) Clarification.--Nothing in this Act or any other 
        provision of law shall be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer to assist in the 
        enforcement of Federal immigration laws in the normal course of 
        carrying out their normal law enforcement duties.
    (f) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training shall not exceed 14 days or 80 hours, whichever 
        is longer.''.

SEC. 221. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
              ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Grants for Special Equipment for Housing and Processing Illegal 
Aliens.--From amounts made available to make grants under this section, 
the Secretary of Homeland Security shall make grants to States and 
political subdivisions of States for procurement of equipment, 
technology, facilities, and other products that facilitate and are 
directly related to investigating, apprehending, arresting, detaining, 
or transporting immigration law violators, including additional 
administrative costs incurred under this Act.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State or political subdivision of a State must have the 
authority to, and have in effect the policy and practice to, assist in 
the enforcement of the immigration laws of the United States in the 
course of carrying out such agency's routine law enforcement duties.
    (c) Funding.--There is authorized to be appropriated for grants 
under this section $300,000,000 for each fiscal year.
    (d) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States and political 
subdivisions of States under subsection (a).

SEC. 222. INSTITUTIONAL REMOVAL PROGRAM (IRP).

    (a) Continuation and Expansion.--
            (1) In general.--The Department of Homeland Security shall 
        continue to operate and implement the program known as the 
        Institutional Removal Program (IRP) which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The institutional removal program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with officials of the institutional 
                removal program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of such program as a condition for receiving such 
                funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State have the authority to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State prison sentence 
        in order to effectuate the transfer of the alien to Federal 
        custody when 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 personnel from United States Immigration and 
        Customs Enforcement can take the alien into custody.
    (c) Technology Usage.--Technology such as video conferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program (IRP) 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 in 
order to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the institutional removal program--
            (1) $100,000,000 for fiscal year 2009;
            (2) $115,000,000 for fiscal year 2010;
            (3) $130,000,000 for fiscal year 2011;
            (4) $145,000,000 for fiscal year 2012; and
            (5) $160,000,000 for fiscal year 2013.

SEC. 223. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by inserting before the period at the end the 
following: ``and $1,000,000,000 for each subsequent fiscal year''.

SEC. 224. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF 
              IMMIGRATION LAWS ENCOURAGED.

    (a) In General.--Effective 2 years after the date of the enactment 
of this Act, a State (or political subdivision of a State) that has in 
effect a statute, policy, or practice that prohibits law enforcement 
officers of the State, or of a political subdivision within the State, 
from assisting or cooperating with Federal immigration law enforcement 
in the course of carrying out the officers' routine law enforcement 
duties shall not receive any of the funds that would otherwise be 
allocated to the State under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)).
    (b) Construction.--Nothing in this section shall require law 
enforcement officials from States or political subdivisions of States 
to report or arrest victims or witnesses of a criminal offense.
    (c) Reallocation of Funds.--Any funds that are not allocated to a 
State or political subdivision of a State due to the failure of the 
State to comply with subsection (a) shall be reallocated to States that 
comply with such subsection.

         TITLE III--BORDER SECURITY COOPERATION AND ENFORCEMENT

SEC. 301. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE 
              AND SUPPORT.

    (a) In General.--The Secretary of Homeland Security and the 
Secretary of Defense shall develop a joint strategic plan to use the 
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 
with the surveillance activities of the Department of Homeland Security 
conducted at or near the international land and maritime borders of the 
United States.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Defense shall submit to appropriate congressional 
committees (as defined in section 102(g)) a report containing--
            (1) a description of the use of Department of Defense 
        equipment to assist with the surveillance by the Department of 
        Homeland Security of the international land and maritime 
        borders of the United States;
            (2) the joint strategic plan developed pursuant to 
        subsection (a);
            (3) a description of the types of equipment and other 
        support to be provided by the Department of Defense under the 
        joint strategic plan during the one-year period beginning after 
        submission of the report under this subsection; and
            (4) a description of how the Department of Homeland 
        Security and the Department of Defense are working with the 
        Department of Transportation on safety and airspace control 
        issues associated with the use of unmanned aerial vehicles in 
        the National Airspace System.
    (c) Rules of Construction.--(1) Nothing in this section shall 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.
    (2) Nothing in this section shall be construed to alter, impact, 
diminish, or in any way undermine the authority of the Administrator of 
the Federal Aviation Administration to oversee, regulate, and control 
the safe and efficient use of the airspace of the United States.

SEC. 302. BORDER SECURITY ON PROTECTED LAND.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of the Interior, shall evaluate border 
security vulnerabilities on land directly adjacent to the international 
land border of the United States under the jurisdiction of the 
Department of the Interior related to the prevention of the entry of 
terrorists, other unlawful aliens, narcotics, and other contraband into 
the United States.
    (b) Support for Border Security Needs.--Based on the evaluation 
conducted pursuant to subsection (a), the Secretary of Homeland 
Security shall provide appropriate border security assistance on land 
directly adjacent to the international land border of the United States 
under the jurisdiction of the Department of the Interior, its bureaus, 
and tribal entities.

SEC. 303. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING 
              TEST AND EVALUATION EXERCISE.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall design and carry out a 
national border security exercise for the purposes of--
            (1) involving officials from Federal, State, territorial, 
        local, tribal, and international governments and 
        representatives from the private sector;
            (2) testing and evaluating the capacity of the United 
        States to anticipate, detect, and disrupt threats to the 
        integrity of United States borders; and
            (3) testing and evaluating the information sharing 
        capability among Federal, State, territorial, local, tribal, 
        and international governments.

SEC. 304. BORDER SECURITY ADVISORY COMMITTEE.

    (a) Establishment of Committee.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall establish an advisory committee to be known as the Border 
Security Advisory Committee (in this section referred to as the 
``Committee'').
    (b) Duties.--The Committee shall advise the Secretary on issues 
relating to border security and enforcement along the international 
land and maritime border of the United States.
    (c) Membership.--The Secretary shall appoint members to the 
Committee from the following:
            (1) State and local government representatives from States 
        located along the international land and maritime borders of 
        the United States.
            (2) Community representatives from such States.
            (3) Tribal authorities in such States.

SEC. 305. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER 
              SECURITY ACTIVITIES.

    (a) Reimbursement.--The Secretary of Homeland Security may allow 
the recipient of amounts under a covered grant to use those amounts to 
reimburse itself for costs it incurs in carrying out any terrorism 
prevention or deterrence activity that--
            (1) relates to the enforcement of Federal laws aimed at 
        preventing the unlawful entry of persons or things into the 
        United States, including activities such as detecting or 
        responding to such an unlawful entry or providing support to 
        another entity relating to preventing such an unlawful entry;
            (2) is usually a Federal duty carried out by a Federal 
        agency; and
            (3) is carried out under agreement with a Federal agency.
    (b) Use of Prior Year Funds.--Subsection (a) shall apply to all 
covered grant funds received by a State, local government, or Indian 
tribe at any time on or after October 1, 2001.
    (c) Covered Grants.--For purposes of subsection (a), the term 
``covered grant'' means grants provided by the Department of Homeland 
Security to States, local governments, or Indian tribes administered 
under the following programs:
            (1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            (2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            (3) Law enforcement terrorism prevention program.--The Law 
        Enforcement Terrorism Prevention Program of the Department, or 
        any successor to such grant program.

SEC. 306. CENTER OF EXCELLENCE FOR BORDER SECURITY.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a university-based Center of Excellence for Border Security 
following the merit-review processes and procedures and other 
limitations that have been established for selecting and supporting 
University Programs Centers of Excellence.
    (b) Activities of the Center.--The Center shall prioritize its 
activities on the basis of risk to address the most significant 
threats, vulnerabilities, and consequences posed by United States 
borders and border control systems. The activities shall include the 
conduct of research, the examination of existing and emerging border 
security technology and systems, and the provision of education, 
technical, and analytical assistance for the Department of Homeland 
Security to effectively secure the borders.

SEC. 307. SENSE OF CONGRESS REGARDING COOPERATION WITH INDIAN NATIONS.

    It is the sense of Congress that--
            (1) the Department of Homeland Security should strive to 
        include as part of a National Strategy for Border Security 
        recommendations on how to enhance Department cooperation with 
        sovereign Indian Nations on securing our borders and preventing 
        terrorist entry, including, specifically, the Department should 
        consider whether a Tribal Smart Border working group is 
        necessary and whether further expansion of cultural sensitivity 
        training, as exists in Arizona with the Tohono O'odham Nation, 
        should be expanded elsewhere; and
            (2) as the Department of Homeland Security develops a 
        National Strategy for Border Security, it should take into 
        account the needs and missions of each agency that has a stake 
        in border security and strive to ensure that these agencies 
        work together cooperatively on issues involving Tribal lands.

SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT 
              OF HOMELAND SECURITY.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking ``Immigration and Naturalization Service'' 
        and inserting ``Department of Homeland Security'' each place it 
        appears; and
            (2) by adding at the end the following:
    ``(d) Enforcement.--
            ``(1) Ineligibility for federal law enforcement aid.--Upon 
        a determination that any person, or any Federal, State, or 
        local government agency or entity, is in violation of 
        subsection (a) or (b), the Attorney General shall not provide 
        to that person, agency, or entity any grant amount pursuant to 
        any law enforcement grant program carried out by any element of 
        the Department of Justice, including the program under section 
        241(i) of the Immigration and Nationality Act (8 U.S.C. 
        241(i)), and shall ensure that no such grant amounts are 
        provided, directly or indirectly, to such person, agency, or 
        entity. In the case of grant amounts that otherwise would be 
        provided to such person, agency, or entity pursuant to a 
        formula, such amounts shall be reallocated among eligible 
        recipients.
            ``(2) Violations by government officials.--In any case in 
        which a Federal, State, or local government official is in 
        violation of subsection (a) or (b), the government agency or 
        entity that employs (or, at the time of the violation, 
        employed) the official shall be subject to the sanction under 
        paragraph (1).
            ``(3) Duration.--The sanction under paragraph (1) shall 
        remain in effect until the Attorney General determines that the 
        person, agency, or entity has ceased violating subsections (a) 
        and (b).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to grant requests pending on or after the date of the enactment 
of this Act.

SEC. 309. RED ZONE DEFENSE BORDER INTELLIGENCE PILOT PROGRAM.

    (a) Establishment.--The Secretary of Homeland Security and the 
Director of National Intelligence shall jointly establish a pilot 
program to improve the coordination and management of intelligence and 
homeland security information provided to or utilized by the Department 
of Homeland Security relating to the southwest international land and 
maritime border of the United States.
    (b) Pilot Area.--The Secretary of Homeland Security and the 
Director of National Intelligence shall designate a geographic area 
along the southwest international land and maritime border of the 
United States centered on Cochise County, Arizona, to be the pilot area 
for the pilot program established pursuant to subsection (a).
    (c) Program.--The pilot program established pursuant to subsection 
(a) shall--
            (1) coordinate and facilitate the sharing of intelligence 
        and homeland security information related to border security 
        within the pilot area designated pursuant to subsection (b) 
        among Federal, State, local, and tribal governments, including 
        relevant intelligence and homeland security information 
        provided to the Department of Homeland Security by the 
        intelligence community and relevant intelligence and homeland 
        security information gathered by the Department of Homeland 
        Security from other sources;
            (2) to the maximum extent possible, provide for persistent 
        surveillance of such pilot area;
            (3) to the maximum extent possible, utilize airships, 
        aerostats, and existing unmanned aerial vehicles to provide for 
        surveillance of such pilot area;
            (4) to the maximum extent possible, fully utilize the 
        capabilities of underutilized assets currently available to 
        conduct surveillance of such pilot area;
            (5) where practicable, utilize the capabilities of existing 
        operational and analytical centers that analyze intelligence 
        and homeland security information relating to such pilot area 
        from multiple sources and improve the interoperability of such 
        centers;
            (6) consistent with applicable security requirements, 
        disseminate actionable intelligence and homeland security 
        information relating to border security within such pilot area 
        to the appropriate Federal, State, local, tribal, and foreign 
        governments to support operational activities relating to 
        border security within such pilot area;
            (7) provide for direct transmission of such actionable 
        intelligence and homeland security information to operational 
        and analytical centers included in the pilot program;
            (8) provide for a representative of the Department of 
        Homeland Security to be assigned to each operational and 
        analytical center to facilitate the immediate utilization, 
        where practicable, of such actionable intelligence and homeland 
        security information; and
            (9) develop metrics to assess the capability of such pilot 
        program to improve border security.
    (d) Strategy Coordination.--In establishing the pilot program under 
subsection (a), the Director of National Intelligence shall coordinate 
the intelligence activities of the pilot program with the relevant 
activities and programs of other elements of the intelligence 
community.
    (e) Headquarters.--The Secretary of Homeland Security and the 
Director of National Intelligence may establish a headquarters for the 
pilot program established pursuant to subsection (a) within the area 
designated as the pilot area pursuant to subsection (b).
    (f) Duration.--The pilot program established pursuant to subsection 
(a) shall last a minimum of two years.
    (g) Report.--Not later than one year after the establishment of the 
pilot program pursuant to subsection (a), the Secretary of Homeland 
Security and the Director of National Intelligence shall submit to 
Congress a report containing--
            (1) the lessons learned from such pilot program based on 
        the metrics developed pursuant to subsection (c)(9);
            (2) recommendations for enhancing the provision and sharing 
        of intelligence and homeland security information relating to 
        border security under the National Strategy for Border Security 
        submitted pursuant to section 102(b) and with other programs of 
        the intelligence community relating to border security; and
            (3) an identification of any provisions of law that may 
        impede effective coordination of intelligence and homeland 
        security information relating to the southwest international 
        land and maritime border of the United States.
    (h) Definitions.--In this section:
            (1) Homeland security information.--The term ``homeland 
        security information'' has the meaning given the term in 
        section 892(f)(1) of the Homeland Security Act of 2002 (6 
        U.S.C. 482(f)(1)).
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

                    TITLE IV--DETENTION AND REMOVAL

SEC. 401. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Beginning on October 1, 2008, an alien 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 of 
        Homeland Security 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, 2008, an 
alien described in subsection (a) may be released with a notice to 
appear only if--
            (1) the Secretary of Homeland Security 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 of Homeland 
        Security, 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. 402. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall fully utilize--
            (1) all available detention facilities operated or 
        contracted by the Department of Homeland Security; and
            (2) all possible options to cost effectively increase 
        available detention capacities, including the use of temporary 
        detention facilities, the use of State and local correctional 
        facilities, private space, and secure alternatives to 
        detention.

SEC. 403. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL ALIENS.

    (a) In General.--The Secretary of Homeland Security is authorized 
to enter into contracts with private entities for the purpose of 
providing secure domestic transport of aliens who are apprehended at or 
along the international land or maritime borders from the custody of 
United States Customs and Border Protection to detention facilities and 
other locations as necessary.
    (b) Criteria for Selection.--Notwithstanding any other provision of 
law, to enter into a contract under paragraph (1), a private entity 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may require. 
The Secretary shall select from such applications those entities which 
offer, in the determination of the Secretary, the best combination of 
service, cost, and security.

SEC. 404. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY DENYING OR 
              DELAYING ACCEPTING ALIEN.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Denial of Admission to Nationals of Country Denying or 
Delaying Accepting Alien.--Whenever the Secretary of Homeland Security 
determines 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, the Secretary, after consultation with the Secretary of State, 
may deny admission to any citizen, subject, national, or resident of 
that country until the country accepts the alien who was ordered 
removed.''.

SEC. 405. REPORT ON FINANCIAL BURDEN OF REPATRIATION.

    Not later than October 31 of each year, the Secretary of Homeland 
Security shall submit to the Secretary of State and Congress a report 
that details the cost to the Department of Homeland Security of 
repatriation of unlawful aliens to their countries of nationality or 
last habitual residence, including details relating to cost per 
country. The Secretary shall include in each such report the 
recommendations of the Secretary to more cost effectively repatriate 
such aliens.

SEC. 406. TRAINING PROGRAM.

    Not later than six months after the date of the enactment of this 
Act, the Secretary of Homeland Security--
            (1) review and evaluate the training provided to Border 
        Patrol agents and port of entry inspectors regarding the 
        inspection of aliens to determine whether an alien is referred 
        for an interview by an asylum officer for a determination of 
        credible fear;
            (2) based on the review and evaluation described in 
        paragraph (1), take necessary and appropriate measures to 
        ensure consistency in referrals by Border Patrol agents and 
        port of entry inspectors to asylum officers for determinations 
        of credible fear.

SEC. 407. 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 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. 408. REPORT ON APPREHENSION AND DETENTION OF CERTAIN ALIENS.

    (a) Report Required.--Not later than two years after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to Congress a report on--
            (1) the number of illegal aliens from noncontiguous 
        countries who are apprehended at or between ports of entry 
        since the date of enactment of this Act;
            (2) the number of such aliens who have been deported since 
        the date of enactment of this Act; and
            (3) the number of such aliens from countries the 
        governments of which the Secretary of State has determined, for 
        purposes section 6(j)(1)(A) of the Export Administration Act of 
        1979 (as in effect pursuant to the International Emergency 
        Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) of 
        the Arms Export Control Act (22 U.S.C. 2780(d)), section 620A 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or 
        other provision of law, are governments that have repeatedly 
        provided support for acts of international terrorism.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should develop a strategy for entering 
into appropriate security screening watch lists the appropriate 
background information of illegal aliens from countries described in 
paragraph (3) of subsection (a).

SEC. 409. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of the enactment of this Act, the Under Secretary for 
Border and Transportation Security of the Department of Homeland 
Security shall provide the National Crime Information Center of the 
Department of Justice with such information as the Under Secretary may 
have on any and all aliens against whom a final order of removal has 
been issued, any and all aliens who have signed a voluntary departure 
agreement, any and all aliens who have overstayed their authorized 
period of stay, and any and all aliens whose visas have been revoked. 
Such information shall be provided to the National Crime Information 
Center, and the National Crime Information Center shall enter such 
information into the Immigration Violators File of the National Crime 
Information Center database, regardless of whether--
            (1) the alien received notice of a final order of removal;
            (2) the alien has already been removed; or
            (3) sufficient identifying information is available on the 
        alien.
    (b) Inclusion of Information in the NCIC 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:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation or whether sufficient identifying information is 
        available on the alien and even if the alien has already been 
        removed; and''.

      TITLE V--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

SEC. 501. ENHANCED BORDER SECURITY COORDINATION AND MANAGEMENT.

    The Secretary of Homeland Security shall ensure full coordination 
of border security efforts among agencies within the Department of 
Homeland Security, including United States Immigration and Customs 
Enforcement, United States Customs and Border Protection, and United 
States Citizenship and Immigration Services, and shall identify and 
remedy any failure of coordination or integration in a prompt and 
efficient manner. In particular, the Secretary of Homeland Security 
shall--
            (1) oversee and ensure the coordinated execution of border 
        security operations and policy;
            (2) establish a mechanism for sharing and coordinating 
        intelligence information and analysis at the headquarters and 
        field office levels pertaining to counter-terrorism, border 
        enforcement, customs and trade, immigration, human smuggling, 
        human trafficking, and other issues of concern to both United 
        States Immigration and Customs Enforcement and United States 
        Customs and Border Protection;
            (3) establish Department of Homeland Security task forces 
        (to include other Federal, State, Tribal and local law 
        enforcement agencies as appropriate) as necessary to better 
        coordinate border enforcement and the disruption and 
        dismantling of criminal organizations engaged in cross-border 
        smuggling, money laundering, and immigration violations;
            (4) enhance coordination between the border security and 
        investigations missions within the Department by requiring 
        that, with respect to cases involving violations of the customs 
        and immigration laws of the United States, United States 
        Customs and Border Protection coordinate with and refer all 
        such cases to United States Immigration and Customs 
        Enforcement;
            (5) examine comprehensively the proper allocation of the 
        Department's border security related resources, and analyze 
        budget issues on the basis of Department-wide border 
        enforcement goals, plans, and processes;
            (6) establish measures and metrics for determining the 
        effectiveness of coordinated border enforcement efforts; and
            (7) develop and implement a comprehensive plan to protect 
        the northern and southern land borders of the United States and 
        address the different challenges each border faces by--
                    (A) coordinating all Federal border security 
                activities;
                    (B) improving communications and data sharing 
                capabilities within the Department and with other 
                Federal, State, local, tribal, and foreign law 
                enforcement agencies on matters relating to border 
                security; and
                    (C) providing input to relevant bilateral 
                agreements to improve border functions, including 
                ensuring security and promoting trade and tourism.

SEC. 502. OFFICE OF AIR AND MARINE OPERATIONS.

    (a) Establishment.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the 
following new section:

``SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS.

    ``(a) Establishment.--There is established in the Department an 
Office of Air and Marine Operations (referred to in this section as the 
`Office').
    ``(b) Assistant Secretary.--The Office shall be headed by an 
Assistant Secretary for Air and Marine Operations who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and who shall report directly to the Secretary. The Assistant 
Secretary shall be responsible for all functions and operations of the 
Office.
    ``(c) Missions.--
            ``(1) Primary mission.--The primary mission of the Office 
        shall be the prevention of the entry of terrorists, other 
        unlawful aliens, instruments of terrorism, narcotics, and other 
        contraband into the United States.
            ``(2) Secondary mission.--The secondary mission of the 
        Office shall be to assist other agencies to prevent the entry 
        of terrorists, other unlawful aliens, instruments of terrorism, 
        narcotics, and other contraband into the United States.
    ``(d) Air and Marine Operations Center.--
            ``(1) In general.--The Office shall operate and maintain 
        the Air and Marine Operations Center in Riverside, California, 
        or at such other facility of the Office as is designated by the 
        Secretary.
            ``(2) Duties.--The Center shall provide comprehensive 
        radar, communications, and control services to the Office and 
        to eligible Federal, State, or local agencies (as determined by 
        the Assistant Secretary for Air and Marine Operations), in 
        order to identify, track, and support the interdiction and 
        apprehension of individuals attempting to enter United States 
        airspace or coastal waters for the purpose of narcotics 
        trafficking, trafficking of persons, or other terrorist or 
        criminal activity.
    ``(e) Access to Information.--The Office shall ensure that other 
agencies within the Department of Homeland Security, the Department of 
Defense, the Department of Justice, the Department of Transportation, 
and such other Federal, State, or local agencies, as may be determined 
by the Secretary, shall have access to the information gathered and 
analyzed by the Center.
    ``(f) Requirement.--Beginning not later than 180 days after the 
date of the enactment of this Act, the Secretary shall require that all 
information concerning all aviation activities, including all airplane, 
helicopter, or other aircraft flights, that are undertaken by the 
either the Office, United States Immigration and Customs Enforcement, 
United States Customs and Border Protection, or any subdivisions 
thereof, be provided to the Air and Marine Operations Center. Such 
information shall include the identifiable transponder, radar, and 
electronic emissions and codes originating and resident aboard the 
aircraft or similar asset used in the aviation activity.
    ``(g) Timing.--The Secretary shall require the information 
described in subsection (f) to be provided to the Air and Marine 
Operations Center in advance of the aviation activity whenever 
practicable for the purpose of timely coordination and conflict 
resolution of air missions by the Office, United States Immigration and 
Customs Enforcement, and United States Customs and Border Protection.
    ``(h) Rule of Construction.--Nothing in this section shall be 
construed to alter, impact, diminish, or in any way undermine the 
authority of the Administrator of the Federal Aviation Administration 
to oversee, regulate, and control the safe and efficient use of the 
airspace of the United States.''.
    (b) Technical and Conforming Amendments.--
            (1) Additional assistant secretary.--Section 103(a)(9) of 
        the Homeland Security Act of 2002 (6 U.S.C. 113(a)(9)) is 
        amended by striking ``12'' and inserting ``13''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act (6 U.S.C. 101) is amended by inserting after 
        the item relating to section 430 the following new item:

``Sec. 431. Office of Air and Marine Operations.''.

SEC. 503. SHADOW WOLVES TRANSFER.

    (a) Transfer of Existing Unit.--Not later that 90 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to United States Immigration and Customs Enforcement all 
functions (including the personnel, assets, and liabilities 
attributable to such functions) of the Customs Patrol Officers unit 
operating on the Tohono O'odham Indian reservation (commonly known as 
the ``Shadow Wolves'' unit).
    (b) Establishment of New Units.--The Secretary is authorized to 
establish within United States Immigration and Customs Enforcement 
additional units of Customs Patrol Officers in accordance with this 
section, as appropriate.
    (c) Duties.--The Customs Patrol Officer unit transferred pursuant 
to subsection (a), and additional units established pursuant to 
subsection (b), shall operate on Indian lands by preventing the entry 
of terrorists, other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband into the United States.
    (d) Basic Pay for Journeyman Officers.--A Customs Patrol Officer in 
a unit described in this section shall receive equivalent pay as a 
special agent with similar competencies within United States 
Immigration and Customs Enforcement pursuant to the Department of 
Homeland Security's Human Resources Management System established under 
section 841 of the Homeland Security Act (6 U.S.C. 411).
    (e) Supervisors.--Each unit described in this section shall be 
supervised by a Chief Customs Patrol Officer, who shall have the same 
rank as a resident agent-in-charge of the Office of Investigations 
within United States Immigration and Customs Enforcement.

                TITLE VI--TERRORIST AND CRIMINAL ALIENS

SEC. 601. REMOVAL OF TERRORIST ALIENS.

    (a) Expansion of Removal.--
            (1) Section 241(b)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1231(b)(3)) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``Attorney General may 
                        not'' and inserting ``Secretary of Homeland 
                        Security may not'';
                            (ii) by inserting ``or the Secretary'' 
                        after ``if the Attorney General''; and
                    (B) in subparagraph (B)--
                            (i) by inserting ``or the Secretary of 
                        Homeland Security'' after ``if the Attorney 
                        General'';
                            (ii) by striking ``or'' in clause (iii);
                            (iii) by striking the period at the end of 
                        clause (iv) and inserting ``; or'';
                            (iv) by inserting after clause (iv) the 
                        following new clause:
                            ``(v) the alien is described in any 
                        subclause of section 212(a)(3)(B)(i) or section 
                        212(a)(3)(F), unless, in the case only of an 
                        alien described in subclause (IV) or (IX) of 
                        section 212(a)(3)(B)(i), the Secretary of 
                        Homeland Security determines, in the 
                        Secretary's discretion, that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United States.''; 
                        and
                            (v) in the third sentence, by inserting 
                        ``or the Secretary of Homeland Security'' after 
                        ``Attorney General''; and
                            (vi) by striking the last sentence and 
                        inserting the following: ``The Secretary of 
                        Homeland Security shall waive the application 
                        of clause (v) in the case of removal of an 
                        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.
            (2) Section 208(b)(2)(A)(v) of such Act (8 U.S.C. 
        1158(b)(2)(A)(v)) is amended--
                    (A) by striking ``subclause (I), (II), (III), (IV), 
                or (VI)'' and inserting ``any subclause'';
                    (B) by striking ``237(a)(4)(B)'' and inserting 
                ``212(a)(3)(F)''; and
                    (C) by inserting ``or (IX)'' after ``subclause 
                (IV)''.
            (3) Section 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) 
        is amended--
                    (A) by striking ``inadmissible under'' and 
                inserting ``described in''; and
                    (B) by striking ``deportable under'' and inserting 
                ``described in''.
            (4) Section 240B(b)(1)(C) of such Act (8 U.S.C. 
        1229c(b)(1)(C)) is amended by striking ``deportable under'' and 
        inserting ``described in''.
            (5) Section 249 of such Act (8 U.S.C. 1259)) is amended--
                    (A) by striking ``inadmissible under'' and 
                inserting ``described in''; and
                    (B) in paragraph (d), by striking ``deportable 
                under'' and inserting ``described in''.
    (b) Retroactive Application.--The amendments made by this section 
shall take effect on the date of enactment of this Act and sections 
208(b)(2)(A), 240A, 240B, 241(b)(3), and 249 of the Immigration and 
Nationality Act, as so amended, shall apply to--
            (1) all aliens in removal, deportation, or exclusion 
        proceedings;
            (2) all applications pending on or filed after the date of 
        the enactment of this Act; and
            (3) with respect to aliens and applications described in 
        paragraph (1) or (2), acts and conditions constituting a ground 
        for inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after the date of the 
        enactment of this Act.

SEC. 602. DETENTION OF DANGEROUS ALIENS.

    (a) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1231) is amended--
            (1) in subsection (a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears;
            (2) in subsection (a)(1)(B), by adding after and below 
        clause (iii) the following:
                ``If, at that time, the alien is not in the custody of 
                the Secretary (under the authority of this Act), the 
                Secretary shall take the alien into custody for 
                removal, and the removal period shall not begin until 
                the alien is taken into such custody. If the Secretary 
                transfers custody of the alien during the removal 
                period pursuant to law to another Federal agency or a 
                State or local government agency in connection with the 
                official duties of such agency, the removal period 
                shall be tolled, and shall begin anew on the date of 
                the alien's return to the custody of the Secretary.'';
            (3) by amending clause (ii) of subsection (a)(1)(B) 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 date the stay 
                        of removal is no longer in effect.'';
            (4) by amending subparagraph (C) of subsection (a)(1) to 
        read as follows:
                    ``(C) Suspension 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 make all 
                reasonable efforts to comply with the removal order, or 
                to fully cooperate with the Secretary's efforts to 
                establish the alien's identity and carry out the 
                removal order, including making timely application in 
                good faith for travel or other documents necessary to 
                the alien's departure, or conspires or acts to prevent 
                the alien's removal subject to an order of removal.'';
            (5) in subsection (a)(2), by adding at the end the 
        following: ``If a court orders a stay of removal of an alien 
        who is subject to an administratively final order of removal, 
        the Secretary in the exercise of discretion may detain the 
        alien during the pendency of such stay of removal.'';
            (6) in subsection (a)(3), by amending subparagraph (D) to 
        read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or perform affirmative 
                acts, that the Secretary prescribes for the alien, in 
                order to prevent the alien from absconding, or for the 
                protection of the community, or for other purposes 
                related to the enforcement of the immigration laws.'';
            (7) in subsection (a)(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'';
            (8) by redesignating paragraph (7) of subsection (a) as 
        paragraph (10) and inserting after paragraph (6) of such 
        subsection the following new paragraphs:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary, in the 
        Secretary's discretion, may parole the alien under section 
        212(d)(5) of this Act 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) Application of additional rules for detention or 
        release of certain aliens who have made an entry.--The rules 
        set forth in subsection (j) shall only apply with respect to an 
        alien who was lawfully admitted the most recent time the alien 
        entered the United States or has otherwise effected an entry 
        into the United States.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraphs (6), (7), or (8) or subsection (j) shall be 
        available exclusively in habeas corpus proceedings instituted 
        in the United States District Court for the District of 
        Columbia, and only if the alien has exhausted all 
        administrative remedies (statutory and regulatory) available to 
        the alien as of right.''; and
            (9) by adding at the end the following new subsection:
    ``(j) Additional Rules for Detention or Release of Certain Aliens 
Who Have Made an Entry.--
            ``(1) Application.--The rules set forth in this subsection 
        apply in the case of an alien described in subsection (a)(8).
            ``(2) Establishment of a detention review process for 
        aliens who fully cooperate with removal.--
                    ``(A) In general.--The Secretary shall establish an 
                administrative review process to determine whether the 
                aliens should be detained or released on conditions for 
                aliens who--
                            ``(i) have made all reasonable efforts to 
                        comply with their removal orders;
                            ``(ii) have complied with the Secretary's 
                        efforts to carry out the removal orders, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, and
                            ``(iii) have not conspired or acted to 
                        prevent removal.
                    ``(B) Determination.--The Secretary shall make a 
                determination whether to release an alien after the 
                removal period in accordance with paragraphs (3) and 
                (4). The determination--
                            ``(i) shall include consideration of any 
                        evidence submitted by the alien and the history 
                        of the alien's efforts to comply with the order 
                        of removal, and
                            ``(ii) may include any information or 
                        assistance provided by the Department of State 
                        or other Federal agency and any other 
                        information available to the Secretary 
                        pertaining to the ability to remove the alien.
            ``(3) Authority to detain beyond the removal period.--
                    ``(A) Initial 90 day period.--The Secretary in the 
                exercise of discretion, without any limitations other 
                than those specified in this section, may continue to 
                detain an alien for 90 days beyond the removal period 
                (including any extension of the removal period as 
                provided in subsection (a)(1)(C)).
                    ``(B) Extension.--
                            ``(i) In general.--The Secretary in the 
                        exercise of discretion, without any limitations 
                        other than those specified in this section, may 
                        continue to detain an alien beyond the 90 days 
                        authorized in subparagraph (A)--
                                    ``(I) until the alien is removed if 
                                the conditions described in 
                                subparagraph (A) or (B) of paragraph 
                                (4) apply; or
                                    ``(II) pending a determination as 
                                provided in subparagraph (C) of 
                                paragraph (4).
                            ``(ii) Renewal.--The Secretary may renew a 
                        certification under paragraph (4)(B) every six 
                        months without limitation, after providing an 
                        opportunity for the alien to request 
                        reconsideration of the certification and to 
                        submit documents or other evidence in support 
                        of that request. If the Secretary does not 
                        renew a certification, the Secretary may not 
                        continue to detain the alien under such 
                        paragraph.
                            ``(iii) Delegation.--Notwithstanding 
                        section 103, the Secretary may not delegate the 
                        authority to make or renew a certification 
                        described in clause (ii), (iii), or (v) of 
                        paragraph (4)(B) below the level of the 
                        Assistant Secretary for Immigration and Customs 
                        Enforcement.
                            ``(iv) Hearing.--The Secretary may request 
                        that the Attorney General provide for a hearing 
                        to make the determination described in clause 
                        (iv)(II) of paragraph (4)(B).
            ``(4) Conditions for extension.--The conditions for 
        continuation of detention are any of the following:
                    ``(A) The Secretary determines that there is a 
                significant likelihood that the alien--
                            ``(i) will be removed in the reasonably 
                        foreseeable future; or
                            ``(ii) would be removed in the reasonably 
                        foreseeable future, or would have been removed, 
                        but for the alien's failure or refusal to make 
                        all reasonable efforts to comply with the 
                        removal order, or to fully cooperate with the 
                        Secretary's efforts to establish the alien's 
                        identity and carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, or conspiracies or 
                        acts to prevent removal.
                    ``(B) The Secretary certifies in writing any of the 
                following:
                            ``(i) In consultation with the Secretary of 
                        Health and Human Services, 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, the 
                        release of the alien is likely to have serious 
                        adverse foreign policy consequences for the 
                        United States.
                            ``(iii) Based on information available to 
                        the Secretary (including available information 
                        from the intelligence community, and without 
                        regard to the grounds upon which the alien was 
                        ordered removed), there is reason to believe 
                        that the release of the alien would threaten 
                        the national security of the United States.
                            ``(iv) The release of the alien will 
                        threaten the safety of the community or any 
                        person, the conditions of release cannot 
                        reasonably be expected to ensure the safety of 
                        the community or any person, and--
                                    ``(I) the alien has been convicted 
                                of one or more aggravated felonies 
                                described in section 101(a)(43)(A) or 
                                of one or more crimes identified by the 
                                Secretary by regulation, or of one or 
                                more attempts or conspiracies to commit 
                                any such aggravated felonies or such 
                                crimes, for an aggregate term of 
                                imprisonment of at least five years; or
                                    ``(II) the alien has committed one 
                                or more crimes of violence and, because 
                                of a mental condition or personality 
                                disorder and behavior associated with 
                                that condition or disorder, the alien 
                                is likely to engage in acts of violence 
                                in the future.
                            ``(v) The release of the alien will 
                        threaten the safety of the community or any 
                        person, conditions of release cannot reasonably 
                        be expected to ensure the safety of the 
                        community or any person, and the alien has been 
                        convicted of at least one aggravated felony.
                    ``(C) Pending a determination under subparagraph 
                (B), so long as the Secretary has initiated the 
                administrative review process no later than 30 days 
                after the expiration of the removal period (including 
                any extension of the removal period as provided in 
                subsection (a)(1)(C)).
            ``(5) Release on conditions.--If it is determined that an 
        alien should be released from detention, the Secretary in the 
        exercise of discretion may impose conditions on release as 
        provided in subsection (a)(3).
            ``(6) Redetention.--The Secretary in the exercise of 
        discretion, without any limitations other than those specified 
        in this section, may again detain any alien subject to a final 
        removal order who is released from custody if the alien fails 
        to comply with the conditions of release or to cooperate in the 
        alien's removal from the United States, or if, upon 
        reconsideration, the Secretary determines that the alien can be 
        detained under paragraph (1). Paragraphs (6) through (8) of 
        subsection (a) shall apply to any alien returned to custody 
        pursuant to this paragraph, as if the removal period terminated 
        on the day of the redetention.
            ``(7) Certain aliens who effected entry.--If an alien has 
        effected an entry into the United States but has neither been 
        lawfully admitted nor physically present in the United States 
        continuously for the 2-year period immediately prior to the 
        commencement of removal proceedings under this Act or 
        deportation proceedings against the alien, the Secretary in the 
        exercise of discretion may decide not to apply subsection 
        (a)(8) and this subsection and may detain the alien without any 
        limitations except those imposed by regulation.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of enactment of this Act, and section 241 of 
the Immigration and Nationality Act, as amended, shall apply to--
            (1) all aliens subject to a final administrative removal, 
        deportation, or exclusion order that was issued before, on, or 
        after the date of enactment of this Act; and
            (2) acts and conditions occurring or existing before, on, 
        or after the date of enactment of this Act.

SEC. 603. INCREASE IN CRIMINAL PENALTIES.

    Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) 
is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter before subparagraph (A), by 
                inserting ``or 212(a)'' after ``section 237(a)''; and
                    (B) by striking ``imprisoned not more than four 
                years'' and inserting ``imprisoned for not less than 
                six months or more than five years''; and
            (2) in subsection (b)--
                    (A) by striking ``not more than $1,000'' and 
                inserting ``under title 18, United States Code''; and
                    (B) by striking ``for not more than one year'' and 
                inserting ``for not less than six months or more than 
                five years (or 10 years if the alien is a member of any 
                class described in paragraph (1)(E), (2), (3), or (4) 
                of section 237(a)''.

SEC. 604. PRECLUDING ADMISSIBILITY OF AGGRAVATED FELONS AND OTHER 
              CRIMINALS.

    (a) Exclusion Based on Fraudulent Documentation.--Section 
212(a)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)(A)(i)) is amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by adding ``or'' at the end; and
            (3) by inserting after subclause (II) the following new 
        subclause:
                                    ``(III) a violation (or a 
                                conspiracy or attempt to violate) an 
                                offense described in section 208 of the 
                                Social Security Act or section 1028 of 
                                title 18, United States Code,''.
    (b) Exclusion Based on Aggravated Felony, Unlawful Procurement of 
Citizenship, and Crimes of Domestic Violence.--Section 212(a)(2) of 
such Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the 
following new subparagraphs:
                    ``(J) Aggravated felony.--Any alien who is 
                convicted of an aggravated felony at any time is 
                inadmissible.
                    ``(K) Unlawful procurement of citizenship.--Any 
                alien convicted of, or who admits having committed, or 
                who admits committing acts which constitute the 
                essential elements of, a violation of (or a conspiracy 
                or attempt to violate) subsection (a) or (b) of section 
                1425 of title 18, United States Code is inadmissible.
                    ``(L) Crimes of domestic violence, stalking, or 
                violation of protection orders; crimes against 
                children.--
                            ``(i) Domestic violence, stalking, or child 
                        abuse.--
                                    ``(I) In general.--Subject to 
                                subclause (II), any alien who at any 
                                time is convicted of, or who admits 
                                having committed, or who admits 
                                committing acts which constitute the 
                                essential elements of, a crime of 
                                domestic violence, a crime of stalking, 
                                or a crime of child abuse, child 
                                neglect, or child abandonment is 
                                inadmissible.
                                    ``(II) Waiver for victims of 
                                domestic violence.--Subclause (I) shall 
                                not apply to any alien described in 
                                section 237(a)(7)(A).
                                    ``(III) Crime of domestic violence 
                                defined.--For purposes of subclause 
                                (I), the term `crime of domestic 
                                violence' means any crime of violence 
                                (as defined in section 16 of title 18, 
                                United States Code) against a person 
                                committed by a current or former spouse 
                                of the person, by an individual with 
                                whom the person shares a child in 
                                common, by an individual who is 
                                cohabiting with or has cohabited with 
                                the person as a spouse, by an 
                                individual similarly situated to a 
                                spouse of the person under the domestic 
                                or family violence laws of the 
                                jurisdiction where the offense occurs, 
                                or by any other individual against a 
                                person who is protected from that 
                                individual's acts under the domestic or 
                                family violence laws of the United 
                                States or any State, Indian tribal 
                                government, or unit of local or foreign 
                                government.
                            ``(ii) Violators of protection orders.--
                                    ``(I) In general.--Any alien who at 
                                any time is enjoined under a protection 
                                order issued by a court and whom the 
                                court determines has engaged in conduct 
                                that violates the portion of a 
                                protection order that involves 
                                protection against credible threats of 
                                violence, repeated harassment, or 
                                bodily injury to the person or person 
                                for whom the protection order was 
                                issued is inadmissible.
                                    ``(II) Protection order defined.--
                                For purposes of subclause (I), the term 
                                `protection order' means any injunction 
                                issued for the purpose of preventing 
                                violent or threatening acts of domestic 
                                violence, including temporary or final 
                                orders issued by civil or criminal 
                                courts (other than support or child 
                                custody orders or provisions) whether 
                                obtained by filing an independent 
                                action or as an independent order in 
                                another proceeding.''.
    (c) Waiver Authority.--Section 212(h) of such Act (8 U.S.C. 
1182(h)) is amended--
            (1) by striking ``The Attorney General may, in his 
        discretion, waive the application of subparagraphs (A)(i)(I), 
        (B), (D), and (E) of subsection (a)(2)'' and inserting ``The 
        Attorney General or the Secretary of Homeland Security may, in 
        the discretion of the Attorney General or such Secretary, waive 
        the application of subparagraph (A)(i)(I), (A)(i)(III), (B), 
        (D), (E), (K), and (L) of subsection (a)(2)'';
            (2) in paragraphs (1)(A) and (1)(B) and the last sentence, 
        by inserting ``or the Secretary'' after ``Attorney General'' 
        each place it appears;
            (3) in paragraph (2), by striking ``Attorney General, in 
        his discretion,'' and inserting ``Attorney General or the 
        Secretary of Homeland Security, in the discretion of the 
        Attorney General or such Secretary,'';
            (4) in paragraph (2), by striking ``as he'' and inserting 
        ``as the Attorney General or the Secretary'';
            (5) in the second sentence, by striking ``criminal acts 
        involving torture'' and inserting ``criminal acts involving 
        torture, or an aggravated felony''; and
            (6) in the third sentence, by striking ``if either since 
        the date of such admission the alien has been convicted of an 
        aggravated felony or the alien'' and inserting ``if since the 
        date of such admission the alien''.
    (d) Construction.--The amendments made by this section shall not be 
construed to create eligibility for relief from removal under section 
212(c) of the Immigration and Nationality Act, as in effect before its 
repeal by section 304(b) of the Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208), where 
such eligibility did not exist before these amendments became 
effective.
    (e) Effective Date.--The amendments made by this section shall 
apply to--
            (1) any act that occurred before, on, or after the date of 
        the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after the such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.

SEC. 605. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS FOR 
              AGGRAVATED FELONIES.

    (a) In General.--Section 209(c) of the Immigration and Nationality 
Act (8 U.S.C. 1159(c)) is amended by adding at the end the following: 
``However, an alien who is convicted of an aggravated felony is not 
eligible for a waiver or for adjustment of status under this 
section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply--
            (1) to any act that occurred before, on, or after the date 
        of the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.

SEC. 606. REMOVING DRUNK DRIVERS.

    (a) In General.--Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) is unlawfully present in the United States 
                and who is deportable on any grounds and is apprehended 
                for any offense described in section 237(a)(2)(F) by a 
                State or local law enforcement officer covered under an 
                agreement under section 287(g),'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Driving While Intoxicated.--If a State or local law 
enforcement officer apprehends an individual for an offense described 
in section 237(a)(2)(F) and the officer has reasonable ground to 
believe that the individual is an alien--
            ``(1) the officer shall verify with the databases of the 
        Federal Government, including the National Criminal Information 
        Center and the Law Enforcement Support Center, whether the 
        individual is an alien and whether such alien is unlawfully 
        present in the United States; and
            ``(2) if any such database--
                    ``(A) indicates that the individual is an alien 
                unlawfully present in the United States--
                            ``(i) an officer covered under an agreement 
                        under section 287(g) is authorized to issue a 
                        Federal detainer to maintain the alien in 
                        custody in accordance with such agreement until 
                        the alien is convicted for such offense or the 
                        alien is transferred to Federal custody;
                            ``(ii) the officer is authorized to 
                        transport the alien to a location where the 
                        alien can be transferred to Federal custody and 
                        shall be removed from the United States in 
                        accordance with applicable law; and
                            ``(iii) the Secretary of Homeland Security 
                        shall reimburse the State and local law 
                        enforcement agencies involved for the costs of 
                        transporting aliens when such transportation is 
                        not done in the course of their normal duties; 
                        or
                    ``(B) indicates that the individual is an alien but 
                is not unlawfully present in the United States, the 
                officer shall take the alien into custody for such 
                offense in accordance with State law and shall promptly 
                notify the Secretary of Homeland Security of such 
                apprehension and maintain the alien in custody pending 
                a determination by the Secretary with respect to any 
                action to be taken by the Secretary against such 
                alien.''.
    (b) Deportation for DWI.--
            (1) In general.--Section 237(a)(2) of such Act (8 U.S.C. 
        1227(a)(2)) is amended by adding at the end the following new 
        subparagraph:
                    ``(F) Driving while intoxicated and while 
                unlawfully present in the united states.--An alien--
                            ``(i) who at the time the alien is 
                        unlawfully present in the United States and who 
                        commits the offense of driving while 
                        intoxicated, driving under the influence, or 
                        similar violation of State law (as determined 
                        by the Secretary of Homeland Security) and who 
                        is convicted of such offense, or
                            ``(ii) who is unlawfully present in the 
                        United States and who commits an offense by 
                        refusing in violation of State law to submit to 
                        a Breathalyzer test or other test for the 
                        purpose of determining blood alcohol content,
                is deportable and shall be deported.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to violations or refusals occurring after the date 
        of the enactment of this Act.
    (c) Sharing of Information by Motor Vehicle Administrators 
Regarding DWI Convictions and Refusals.--Each State motor vehicle 
administrator shall--
            (1) share with the Secretary of Homeland Security 
        information relating to any alien who has a conviction or 
        refusal described in section 237(a)(2)(F) of the Immigration 
        and Nationality Act;
            (2) share such information with other State motor vehicle 
        administrators through the Drivers License Agreement of the 
        American Association of Motor Vehicle Administrators; and
            (3) enter such information into the NCIC in a timely 
        manner.
    (d) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
convictions entered before, on, or after such date.

SEC. 607. DESIGNATED COUNTY LAW ENFORCEMENT ASSISTANCE PROGRAM.

    (a) Designated Counties Adjacent to the Southern Border of the 
United States Defined.--In this section, the term ``designated counties 
adjacent to the southern international border of the United States'' 
includes a county any part of which is within 25 miles of the southern 
international border of the United States.
    (b) Authority.--
            (1) In general.--Any Sheriff or coalition or group of 
        Sheriffs from designated counties adjacent to the southern 
        international border of the United States may transfer aliens 
        detained or in the custody of the Sheriff who are not lawfully 
        present in the United States to appropriate Federal law 
        enforcement officials, and shall be promptly paid for the costs 
        of performing such transfers by the Attorney General for any 
        local or State funds previously expended or proposed to be 
        spent by that Sheriff or coalition or group of Sheriffs.
            (2) Payment of costs.--Payment of costs under paragraph (1) 
        shall include payment for costs of detaining, housing, and 
        transporting aliens who are not lawfully present in the United 
        States or who have unlawfully entered the United States at a 
        location other than a port of entry and who are taken into 
        custody by the Sheriff.
            (3) Limitation to future costs.--In no case shall payment 
        be made under this section for costs incurred before the date 
        of the enactment of this Act.
            (4) Advance payment of costs.--The Attorney General shall 
        make an advance payment under this section upon a certification 
        of anticipated costs for which payment may be made under this 
        section, but in no case shall such an advance payment cover a 
        period of costs of longer than 3 months.
    (c) Designated County Law Enforcement Account.--
            (1) Separate account.--Reimbursement or pre-payment under 
        subsection (b) shall be made promptly from funds deposited into 
        a separate account in the Treasury of the United States to be 
        entitled the ``Designated County Law Enforcement Account''.
            (2) Availability of funds.--All deposits into the 
        Designated County Law Enforcement Account shall remain 
        available until expended to the Attorney General to carry out 
        the provisions of this section.
            (3) Promptly defined.--For purposes of this section, the 
        term ``promptly'' means within 60 days.
    (d) Funds for the Designated County Law Enforcement Account.--Only 
funds designated, authorized, or appropriated by Congress may be 
deposited or transferred to the Designated County Law Enforcement 
Account. The Designated County Law Enforcement Account is authorized to 
receive up to $100,000,000 per year.
    (e) Use of Funds.--
            (1) In general.--Funds provided under this section shall be 
        payable directly to participating Sheriff's offices and may be 
        used for the transfers described in subsection (b)(1), 
        including the costs of personnel (such as overtime pay and 
        costs for reserve deputies), costs of training of such 
        personnel, equipment, and, subject to paragraph (2), the 
        construction, maintenance, and operation of detention 
        facilities to detain aliens who are unlawfully present in the 
        United States. For purposes of this section, an alien who is 
        unlawfully present in the United States shall be deemed to be a 
        Federal prisoner beginning upon determination by Federal law 
        enforcement officials that such alien is unlawfully present in 
        the United States, and such alien shall, upon such 
        determination, be deemed to be in Federal custody. In order for 
        costs to be eligible for payment, the Sheriff making such 
        application shall personally certify under oath that all costs 
        submitted in the application for reimbursement or advance 
        payment meet the requirements of this section and are 
        reasonable and necessary, and such certification shall be 
        subject to all State and Federal laws governing statements made 
        under oath, including the penalties of perjury, removal from 
        office, and prosecution under State and Federal law.
            (2) Limitation.--Not more than 20 percent of the amount of 
        funds provided under this section may be used for the 
        construction or renovation of detention or similar facilities.
    (f) Disposition and Delivery of Detained Aliens.--All aliens 
detained or taken into custody by a Sheriff under this section and with 
respect to whom Federal law enforcement officials determine are 
unlawfully present in the United States, shall be immediately delivered 
to Federal law enforcement officials. In accordance with subsection 
(e)(1), an alien who is in the custody of a Sheriff shall be deemed to 
be a Federal prisoner and in Federal custody.
    (g) Regulations.--The Attorney General shall issue, on an interim 
final basis, regulations not later than 60 days after the date of the 
enactment of this Act--
            (1) governing the distribution of funds under this section 
        for all reasonable and necessary costs and other expenses 
        incurred or proposed to be incurred by a Sheriff or coalition 
        or group of Sheriffs under this section; and
            (2) providing uniform standards that all other Federal law 
        enforcement officials shall follow to cooperate with such 
        Sheriffs and to otherwise implement the requirements of this 
        section.
    (h) Effective Date.--The provisions of this section shall take 
effect on its enactment. The promulgation of any regulations under 
subsection (g) is not a necessary precondition to the immediate 
deployment or work of Sheriffs personnel or corrections officers as 
authorized by this section. Any reasonable and necessary expenses or 
costs authorized by this section and incurred by such Sheriffs after 
the date of the enactment of this Act but prior to the date of the 
promulgation of such regulations are eligible for reimbursement under 
the terms and conditions of this section.
    (i) Audit.--All funds paid out under this section are subject to 
audit by the Inspector General of the Department of Justice and abuse 
or misuse of such funds shall be vigorously investigated and prosecuted 
to the full extent of Federal law.
    (j) Supplemental Funding.--All funds paid out under this section 
must supplement, and may not supplant, State or local funds used for 
the same or similar purposes.

SEC. 608. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN 
              CRIMINAL STREET GANGS; DETENTION; INELIGIBILITY FROM 
              PROTECTION FROM REMOVAL AND ASYLUM.

    (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)), as amended by section 604(b), is 
further amended by adding at the end the following:
                    ``(M) Criminal street gang participation.--
                            ``(i) In general.--Any alien is 
                        inadmissible if the alien has been removed 
                        under section 237(a)(2)(F), or if the consular 
                        officer or the Secretary of Homeland Security 
                        knows, or has reasonable ground to believe that 
                        the alien--
                                    ``(I) is a member of a criminal 
                                street gang and has committed, 
                                conspired, or threatened to commit, or 
                                seeks to enter the United States to 
                                engage solely, principally, or 
                                incidentally in, a gang crime or any 
                                other unlawful activity; or
                                    ``(II) is a member of a criminal 
                                street gang designated under section 
                                219A.
                            ``(ii) Criminal street gang defined.--For 
                        purposes of this subparagraph, the term 
                        `criminal street gang' means a formal or 
                        informal group or association of 3 or more 
                        individuals, who commit 2 or more gang crimes 
                        (one of which is a crime of violence, as 
                        defined in section 16 of title 18, United 
                        States Code) in 2 or more separate criminal 
                        episodes in relation to the group or 
                        association.
                            ``(iii) Gang crime defined.--For purposes 
                        of this subparagraph, the term `gang crime' 
                        means conduct constituting any Federal or State 
                        crime, punishable by imprisonment for one year 
                        or more, in any of the following categories:
                                    ``(I) A crime of violence (as 
                                defined in section 16 of title 18, 
                                United States Code).
                                    ``(II) A crime involving 
                                obstruction of justice, tampering with 
                                or retaliating against a witness, 
                                victim, or informant, or burglary.
                                    ``(III) A crime involving the 
                                manufacturing, importing, distributing, 
                                possessing with intent to distribute, 
                                or otherwise dealing in a controlled 
                                substance or listed chemical (as those 
                                terms are defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802)).
                                    ``(IV) Any conduct punishable under 
                                section 844 of title 18, United States 
                                Code (relating to explosive materials), 
                                subsection (d), (g)(1) (where the 
                                underlying conviction is a violent 
                                felony (as defined in section 
                                924(e)(2)(B) of such title) or is a 
                                serious drug offense (as defined in 
                                section 924(e)(2)(A)), (i), (j), (k), 
                                (o), (p), (q), (u), or (x) of section 
                                922 of such title (relating to unlawful 
                                acts), or subsection (b), (c), (g), 
                                (h), (k), (l), (m), or (n) of section 
                                924 of such title (relating to 
                                penalties), section 930 of such title 
                                (relating to possession of firearms and 
                                dangerous weapons in Federal 
                                facilities), section 931 of such title 
                                (relating to purchase, ownership, or 
                                possession of body armor by violent 
                                felons), sections 1028 and 1029 of such 
                                title (relating to fraud and related 
                                activity in connection with 
                                identification documents or access 
                                devices), section 1952 of such title 
                                (relating to interstate and foreign 
                                travel or transportation in aid of 
                                racketeering enterprises), section 1956 
                                of such title (relating to the 
                                laundering of monetary instruments), 
                                section 1957 of such title (relating to 
                                engaging in monetary transactions in 
                                property derived from specified 
                                unlawful activity), or sections 2312 
                                through 2315 of such title (relating to 
                                interstate transportation of stolen 
                                motor vehicles or stolen property).
                                    ``(V) Any conduct punishable under 
                                section 274 (relating to bringing in 
                                and harboring certain aliens), section 
                                277 (relating to aiding or assisting 
                                certain aliens to enter the United 
                                States), or section 278 (relating to 
                                importation of alien for immoral 
                                purpose) of this Act.''.
    (b) Deportable.--Section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:
                    ``(G) Criminal street gang participation.--
                            ``(i) In general.--Any alien is deportable 
                        who--
                                    ``(I) is a member of a criminal 
                                street gang and is convicted of 
                                committing, or conspiring, threatening, 
                                or attempting to commit, a gang crime; 
                                or
                                    ``(II) is determined by the 
                                Secretary of Homeland Security to be a 
                                member of a criminal street gang 
                                designated under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph, the terms `criminal street gang' 
                        and `gang crime' have the meaning given such 
                        terms in section 212(a)(2)(M).''.
    (c) Designation of Criminal Street Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

                 ``designation of criminal street gangs

    ``Sec. 219A.  (a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate a group or association as a criminal street gang in 
        accordance with this subsection if the Attorney General finds 
        that the group or association meets the criteria described in 
        section 212(a)(2)(M)(ii)(I).
            ``(2) Procedure.--
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Attorney General shall notify 
                        the Speaker and minority leader of the House of 
                        Representatives and the majority leader and 
                        minority leader of the Senate, and the members 
                        of the relevant committees of the House of 
                        Representatives and the Senate, in writing, of 
                        the intent to designate a group or association 
                        under this subsection, together with the 
                        findings made under paragraph (1) with respect 
                        to that group or association, and the factual 
                        basis therefor.
                            ``(ii) Publication in federal register.--
                        The Attorney shall publish the designation in 
                        the Federal Register seven days after providing 
                        the notification under clause (i).
                    ``(B) Effect of designation.--
                            ``(i) A designation under this subsection 
                        shall take effect upon publication under 
                        subparagraph (A)(ii).
                            ``(ii) Any designation under this 
                        subsection shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
            ``(3) Record.--In making a designation under this 
        subsection, the Attorney General shall create an administrative 
        record.
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (b).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a criminal 
                        street gang under the procedures set forth in 
                        clauses (iii) and (iv) if the designated gang 
                        or association files a petition for revocation 
                        within the petition period described in clause 
                        (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated gang or 
                                association has not previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated gang or 
                                association has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any criminal street 
                        gang that submits a petition for revocation 
                        under this subparagraph must provide evidence 
                        in that petition that the relevant 
                        circumstances described in paragraph (1) are 
                        sufficiently different from the circumstances 
                        that were the basis for the designation such 
                        that a revocation with respect to the gang is 
                        warranted.
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Attorney General 
                                shall make a determination as to such 
                                revocation.
                                    ``(II) Publication of 
                                determination.--A determination made by 
                                the Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(III) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 5-year period no 
                        review has taken place under subparagraph (B), 
                        the Attorney General shall review the 
                        designation of the criminal street gang in 
                        order to determine whether such designation 
                        should be revoked pursuant to paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General may revoke 
                a designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Attorney General finds that the 
                circumstances that were the basis for the designation 
                have changed in such a manner as to warrant revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in hearing.--If a designation 
        under this subsection has become effective under paragraph 
        (2)(B) an alien in a removal proceeding shall not be permitted 
        to raise any question concerning the validity of the issuance 
        of such designation as a defense or an objection at any 
        hearing.
    ``(b) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        of the designation in the Federal Register, a group or 
        association designated as a criminal street gang may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation the court finds to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole; or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    ``(c) Relevant Committee Defined.--As used in this section, the 
term `relevant committees' means the Committees on the Judiciary of the 
House of Representatives and of the Senate.''.
            (2) Clerical amendment.--The table of contents of such Act 
        (8 U.S.C. 1101 et seq.) is amended by inserting after the item 
        relating to section 219 the following:

``Sec. 219A. Designation of criminal street gangs.''.
    (d) Mandatory Detention of Criminal Street Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by inserting ``or 212(a)(2)(M)'' after 
                ``212(a)(3)(B)''; and
                    (B) by inserting ``237(a)(2)(F) or'' before 
                ``237(a)(4)(B)''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
            (3) Effective date.--This subsection and the amendments 
        made by this subsection are effective as of the date of 
        enactment of this Act and shall apply to aliens detained on or 
        after such date.
    (e) Ineligibility of Alien Street Gang Members From Protection From 
Removal and Asylum.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(M)(i) or section 237(a)(2)(F)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(M)(i) or section 237(a)(2)(F)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
            (3) Denial of review of determination of ineligibility for 
        temporary protected status.--Section 244(c)(2) of such Act (8 
        U.S.C. 1254(c)(2)) is amended by adding at the end the 
        following:
                    ``(C) Limitation on judicial review.--There shall 
                be no judicial review of any finding under subparagraph 
                (B) that an alien is in described in section 
                208(b)(2)(A)(vi).''.
            (4) Effective date.--The amendments made by this subsection 
        are effective on the date of enactment of this Act and shall 
        apply to all applications pending on or after such date.
    (f) Effective Date.--Except as otherwise provided, the amendments 
made by this section are effective as of the date of enactment and 
shall apply to all pending cases in which no final administrative 
action has been entered.

SEC. 609. NATURALIZATION REFORM.

    (a) Barring Terrorists From Naturalization.--Section 316 of the 
Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at 
the end the following new subsection:
    ``(g) No person shall be naturalized who the Secretary of Homeland 
Security determines, in the Secretary's discretion, to have been at any 
time an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant information or evidence, 
including classified, sensitive, or national security information, and 
shall be binding upon, and unreviewable by, any court exercising 
jurisdiction under the immigration laws over any application for 
naturalization, regardless whether such jurisdiction to review a 
decision or action of the Secretary is de novo or otherwise.''.
    (b) Concurrent Naturalization and Removal Proceedings.--The last 
sentence of section 318 of such Act (8 U.S.C. 1429) is amended--
            (1) by striking ``shall be considered by the Attorney 
        General'' and inserting ``shall be considered by the Secretary 
        of Homeland Security or any court'';
            (2) by striking ``pursuant to a warrant of arrest issued 
        under the provisions of this or any other Act:'' and inserting 
        ``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:''; 
        and
            (3) by striking ``upon the Attorney General'' and inserting 
        ``upon the Secretary of Homeland Security''.
    (c) Pending Denaturalization or Removal Proceedings.--Section 
204(b) of such Act (8 U.S.C. 1154(b)) is amended by adding at the end 
the following: ``No petition shall be approved pursuant to this section 
if there is any administrative or judicial proceeding (whether civil or 
criminal) pending against the petitioner that could (whether directly 
or indirectly) result in the petitioner's denaturalization or the loss 
of the petitioner's lawful permanent resident status.''.
    (d) Conditional Permanent Residents.--Section 216(e) and section 
216A(e) of such Act (8 U.S.C. 1186a(e), 1186b(e)) are each amended by 
inserting before the period at the end the following: ``, if the alien 
has had the conditional basis removed under this section''.
    (e) District Court Jurisdiction.--Section 336(b) of such Act (8 
U.S.C. 1447(b)) is amended to read as follows:
    ``(b) If there is a failure to render a final administrative 
decision under section 335 before the end of the 180-day period after 
the date on which the Secretary of Homeland Security completes all 
examinations and interviews conducted under such section, as such terms 
are defined by the Secretary pursuant to regulations, the applicant may 
apply to the district court for the district in which the applicant 
resides for a hearing on the matter. Such court shall only have 
jurisdiction to review the basis for delay and remand the matter to the 
Secretary for the Secretary's determination on the application.''.
    (f) Conforming Amendments.--Section 310(c) of such Act (8 U.S.C. 
1421(c)) is amended--
            (1) by inserting ``, no later than the date that is 120 
        days after the Secretary's final determination'' before 
        ``seek''; and
            (2) by striking the second sentence and inserting the 
        following: ``The burden shall be upon the petitioner to show 
        that the Secretary's denial of the application was not 
        supported by facially legitimate and bona fide reasons. Except 
        in a proceeding under section 340, notwithstanding any other 
        provision of law (statutory or nonstatutory), including section 
        2241 of title 28, United States Code, or any other habeas 
        corpus provision, and sections 1361 and 1651 of such title, no 
        court shall have jurisdiction to determine, or to review a 
        determination of the Secretary made at any time regarding, for 
        purposes of an application for naturalization, whether an alien 
        is a person of good moral character, whether an alien 
        understands and is attached to the principles of the 
        Constitution of the United States, or whether an alien is well 
        disposed to the good order and happiness of the United 
        States.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, shall apply to any act 
that occurred before, on, or after such date, and shall apply to any 
application for naturalization or any other case or matter under the 
immigration laws pending on, or filed on or after, such date.

SEC. 610. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL OR 
              SECURITY GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended-
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of 
                discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14 
        calendar days'' and inserting ``paragraph (1) or (3) until 7 
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears 
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of 
        discretion may determine inadmissibility under section 
        212(a)(2) (relating to criminal offenses) and issue an order of 
        removal pursuant to the procedures set forth in this 
        subsection, in lieu of removal proceedings under section 240, 
        with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act as of such date.

SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE IN CHANGE IN 
              INADMISSIBILITY FOR TERRORISTS UNDER REAL ID ACT.

    Effective as if included in the enactment of Public Law 109-13, 
sections 103(d)(1) and 105(a)(2)(A) of the REAL ID Act of 2005 
(division B of such Public Law) are each amended by inserting ``, 
deportation, and exclusion'' after ``removal''.

SEC. 612. BAR TO GOOD MORAL CHARACTER.

    (a) In General.--Section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is amended--
            (1) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) one who the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary or the Attorney General, to have been at any time 
        an alien described in section 212(a)(3) or section 237(a)(4), 
        which determination may be based upon any relevant information 
        or evidence, including classified, sensitive, or national 
        security information, and which shall be binding upon any court 
        regardless of the applicable standard of review;'';
            (2) in paragraph (8), by inserting ``, regardless whether 
        the crime was classified as an aggravated felony at the time of 
        conviction'' after ``(as defined in subsection (a)(43))''; and
            (3) by striking the sentence following paragraph (9) and 
        inserting the following: ``The fact that any person is not 
        within any of the foregoing classes shall not preclude a 
        discretionary finding for other reasons that such a person is 
        or was not of good moral character. The Secretary and the 
        Attorney General shall not be limited to the applicant's 
        conduct during the period for which good moral character is 
        required, but may take into consideration as a basis for 
        determination the applicant's conduct and acts at any time.''.
    (b) Aggravated Felony Effective Date.--Section 509(b) of the 
Immigration Act of 1990 (Public Law 101-649), as amended by section 
306(a)(7) of the Miscellaneous and Technical Immigration and 
Naturalization Amendments of 1991 (Public Law 102-232) is amended to 
read as follows:
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on November 29, 1990, and shall apply to convictions 
occurring before, on, or after such date.''.
    (c) Technical Correction to the Intelligence Reform Act.--Effective 
as if included in the enactment of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458), section 5504(2) 
of such Act is amended by striking ``adding at the end'' and inserting 
``inserting immediately after paragraph (8)''.
    (d) Effective Dates.--The amendments made by subsections (a) and 
(b) shall take effect on the date of the enactment of this Act, shall 
apply to any act that occurred before, on, or after such date, and 
shall apply to any application for naturalization or any other benefit 
or relief or any other case or matter under the immigration laws 
pending on, or filed on or after, such date.

SEC. 613. STRENGTHENING DEFINITIONS OF ``AGGRAVATED FELONY'' AND 
              ``CONVICTION''.

    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended--
            (1) by amending subparagraph (A) of paragraph (43) to read 
        as follows:
                    ``(A) murder, manslaughter, homicide, rape, or any 
                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;''; and
            (2) in paragraph (48)(A), by inserting after and below 
        clause (ii) the following:
                ``Any reversal, vacatur, expungement, or modification 
                to a conviction, sentence, or conviction record that 
                was granted to ameliorate the consequences of the 
                conviction, sentence, or conviction record, or was 
                granted for rehabilitative purposes, or for failure to 
                advise the alien of the immigration consequences of a 
                guilty plea or a determination of guilt, shall have no 
                effect on the immigration consequences resulting from 
                the original conviction. The alien shall have the 
                burden of demonstrating that the reversal, vacatur, 
                expungement, or modification was not granted to 
                ameliorate the consequences of the conviction, 
                sentence, or conviction record, for rehabilitative 
                purposes, or for failure to advise the alien of the 
                immigration consequences of a guilty plea or a 
                determination of guilt.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any act that occurred before, on, or after the date of the 
enactment of this Act and shall apply to any matter under the 
immigration laws pending on, or filed on or after, such date.

SEC. 614. DEPORTABILITY FOR CRIMINAL OFFENSES.

    (a) In General.--Section 237(a)(3)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(3)(B)) is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by inserting ``or'' at the end; and
            (3) by inserting after clause (iii) the following new 
        clause:
                            ``(iv) of a violation of, or an attempt or 
                        a conspiracy to violate, subsection (a) or (b) 
                        of section 1425 of title 18, United States 
                        Code,''.
    (b) Deportability; Criminal Offenses.--Section 237(a)(2) of such 
Act (8 U.S.C. 1227(a)(2)), as amended by section 608(b), is amended by 
adding at the end the following new subparagraph:
                    ``(G) Social security and identification fraud.--
                Any alien who at any time after admission is convicted 
                of a violation of (or a conspiracy or attempt to 
                violate) an offense described in section 208 of the 
                Social Security Act or section 1028 of title 18, United 
                States Code is deportable.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any act that occurred before, on, or after the date of the 
enactment of this Act, and to all aliens who are required to establish 
admissibility on or after such date and in all removal, deportation, or 
exclusion proceedings that are filed, pending, or reopened, on or after 
such date.

SEC. 615. DECLARATION OF CONGRESS.

    Congress condemns rapes by smugglers along the international land 
border of the United States and urges in the strongest possible terms 
the Government of Mexico to work in coordination with United States 
Customs and Border Protection of the Department of Homeland Security 
take immediate action to prevent such rapes from occurring.

SEC. 616. REPORT ON CRIMINAL ALIEN PROSECUTION.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter, the Attorney General shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report on the status of 
criminal alien prosecutions, including prosecutions of human smugglers.

SEC. 617. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED 
              WITH FEDERAL OFFENSES.

    (a) Responsibility of United States Attorneys.--Beginning 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; 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.
The determination under paragraph (1) shall be made in accordance with 
guidelines of the Executive Office for Immigration Review of the 
Department of Justice.
    (b) 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 paragraph (2) of 
        subsection (a).
            (2) Data entries.--Beginning 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).
    (c) Annual Report to Congress.--The Director of the Administrative 
Office of the United States Courts shall include, in the annual report 
filed with the 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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2009 through 2014, 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.

SEC. 618. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD AND CRIMES OF 
              VIOLENCE.

    (a) Document Fraud.--Section 1546 of title 18, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``not more than 25 years'' and 
                inserting ``not less than 25 years'';
                    (B) by inserting ``and if the terrorism offense 
                resulted in the death of any person, shall be punished 
                by death or imprisoned for life,'' after ``section 2331 
                of this title)),'';
                    (C) by striking ``20 years'' and inserting 
                ``imprisoned not more than 40 years'';
                    (D) by striking ``10 years'' and inserting 
                ``imprisoned not more than 20 years''; and
                    (E) by striking ``15 years'' and inserting 
                ``imprisoned not more than 25 years''; and
            (2) in subsection (b), by striking ``5 years'' and 
        inserting ``10 years''.
    (b) Crimes of Violence.--
            (1) In general.--Title 18, United States Code, is amended 
        by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
                            aliens.
``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
              aliens
    ``(a) Any alien unlawfully present in the United States, who 
commits, or conspires or attempts to commit, a crime of violence or a 
drug trafficking offense (as defined in section 924), shall be fined 
under this title and sentenced to not less than 5 years in prison.
    ``(b) If an alien who violates subsection (a) was previously 
ordered removed under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the grounds of having committed a crime, the alien 
shall be sentenced to not less than 15 years in prison.
    ``(c) A sentence of imprisonment imposed under this section shall 
run consecutively to any other sentence of imprisonment imposed for any 
other crime.''.
            (2) Clerical amendment.--The table of chapters at the 
        beginning of part I of title 18, United States Code, is amended 
        by inserting after the item relating to chapter 51 the 
        following:

``52. Illegal aliens........................................    1131''.

SEC. 619. 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 serviture, 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),''.

             TITLE VII--EMPLOYMENT ELIGIBILITY VERIFICATION

         Subtitle A--Employment Eligibility Verification System

SEC. 701. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) 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 telephone line 
                        and other 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 paragraph (3)(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 paragraph (3)(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, data base, 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.''.
    (b) Repeal of Provision Relating to Evaluations and Changes in 
Employment Verification.--Section 274A(d) (8 U.S.C. 1324a(d)) is 
repealed.

SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', 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 by 
                regulation, that it has verified that the individual is 
                not an unauthorized alien by--
                            ``(i) 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) examining a document described in 
                        subparagraph (B); or (II) 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 subsection (b)(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).''.

SEC. 703. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM TO 
              PREVIOUSLY HIRED INDIVIDUALS AND RECRUITING AND 
              REFERRING.

    (a) Application to Recruiting and Referring.--Section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(1)(A), by striking ``for a fee'';
            (2) 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).'';
            (3) 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
            (4) in subsection (a)(3), as amended by section 702, is 
        further amended by striking ``hiring,'' and inserting ``hiring, 
        employing,'' each place it appears.
    (b) Employment Eligibility Verification for Previously Hired 
Individuals.--Section 274A(b) of such Act (8 U.S.C. 1324a(b)), as 
amended by section 701(a), 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 the 
                Border Enforcement, Employment Verification, and 
                Illegal Immigration Control Actand 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) 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 enactment of the Border 
                        Enforcement, Employment Verification, and 
                        Illegal Immigration Control Act.
                            ``(ii) 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) 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 enactment of the Border 
                        Enforcement, Employment Verification, and 
                        Illegal Immigration Control Act.''.

SEC. 704. BASIC PILOT PROGRAM.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking 
``at the end of the 11-year period beginning on the first day the pilot 
program is in effect'' and inserting ``two years after the enactment of 
the Border Enforcement, Employment Verification, and Illegal 
Immigration Control Act''.

SEC. 705. HIRING HALLS.

    Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)) is amended by adding at the end the following new paragraph:
            ``(4) Recruitment and referral.--As used in this section, 
        the term `refer' means the act of sending or directing a person 
        or transmitting documentation or information to another, 
        directly or indirectly, with the intent of obtaining employment 
        in the United States for such person. Generally, only persons 
        or entities referring for remuneration (whether on a retainer 
        or contingency basis) are included in the definition. However, 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit, that refer, dispatch, or otherwise facilitate the 
        hiring of workers for any period of time by a third party are 
        included in the definition whether or not they receive 
        remuneration. As used in this section the term `recruit' means 
        the act of soliciting a person, directly or indirectly, and 
        referring the person to another with the intent of obtaining 
        employment for that person. Generally, only persons or entities 
        recruiting for remunerations (whether on a retainer or 
        contingency basis) are included in the definition. However, 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit that refer, dispatch, or otherwise facilitate the 
        hiring of workers for any period of time by a third party are 
        included in the definition whether or not they receive 
        remuneration.''.

SEC. 706. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $5,000 and not more than $7,500'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $10,000 and not more than $15,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $25,000 and not more than 
                $40,000''; and
                    (E) by amending subparagraph (B) to read as 
                follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (2) in subsection (e)(5)--
                    (A) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (B) by striking ``$100'' and inserting ``$1,000'';
                    (C) by striking ``$1,000'' and inserting 
                ``$25,000'';
                    (D) by striking ``the size of the business of the 
                employer being charged, the good faith of the 
                employer'' and inserting ``the good faith of the 
                employer being charged''; and
                    (E) by adding at the end the following sentence: 
                ``Failure by a person or entity to utilize the 
                employment eligibility verification system as required 
                by law, or providing information to the system that the 
                person or entity knows or reasonably believes to be 
                false, shall be treated as a violation of subsection 
                (a)(1)(A).'';
            (3) by adding at the end of subsection (e) the following 
        new paragraphs:
            ``(10) Mitigation of civil money penalties for smaller 
        employers.--In the case of imposition of a civil penalty under 
        paragraph (4)(A) with respect to a violation of subsection 
        (a)(1)(A) or (a)(2) for hiring or continuation of employment by 
        an employer and in the case of imposition of a civil penalty 
        under paragraph (5) for a violation of subsection (a)(1)(B) for 
        hiring by an employer, the dollar amounts otherwise specified 
        in the respective paragraph shall be reduced as follows:
                    ``(A) In the case of an employer with an average of 
                fewer than 26 full-time equivalent employees (as 
                defined by the Secretary of Homeland Security), the 
                amounts shall be reduced by 60 percent.
                    ``(B) In the case of an employer with an average of 
                at least 26, but fewer than 101, full-time equivalent 
                employees (as so defined), the amounts shall be reduced 
                by 40 percent.
                    ``(C) In the case of an employer with an average of 
                at least 101, but fewer than 251, full-time equivalent 
                employees (as so defined), the amounts shall be reduced 
                by 20 percent.
        The last sentence of paragraph (4) shall apply under this 
        paragraph in the same manner as it applies under such 
        paragraph.
            ``(11) Exemption from penalty for initial good faith 
        violation.--In the case of imposition of a civil penalty under 
        paragraph (4)(A) with respect to a violation of subsection 
        (a)(1)(A) or (a)(2) for hiring or continuation of employment or 
        recruitment or referral by person or entity and in the case of 
        imposition of a civil penalty under paragraph (5) for a 
        violation of subsection (a)(1)(B) for hiring or recruitment or 
        referral by a person or entity, the penalty otherwise imposed 
        shall be waived if the violator establishes that it was the 
        first such violation of such provision by the violator and the 
        violator acted in good faith.
            ``(12) SAFE harbor for contractors.--A person or other 
        entity shall not be liable for a penalty under paragraph (4)(A) 
        with respect to the violation of subsection (a)(1)(A), 
        (a)(1)(B), or (a)(2) with respect to the hiring or continuation 
        of employment of an unauthorized alien by a subcontractor of 
        that person or entity unless the person or entity knew that the 
        subcontractor hired or continued to employ such alien in 
        violation of such subsection.''.
            (4) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a)(1) or 
        (2) shall be fined not more than $50,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not less than one year, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''; 
        and
            (5) in subsection (f)(2), by striking ``Attorney General'' 
        each place it appears and inserting ``Secretary of Homeland 
        Security''.

SEC. 707. REPORT ON SOCIAL SECURITY CARD-BASED EMPLOYMENT ELIGIBILITY 
              VERIFICATION.

    (a) Report.--
            (1) In general.--Not later than 9 months after the date of 
        the enactment of this Act, the Commissioner of Social Security, 
        in consultation with the Secretary of Treasury, the Secretary 
        of Homeland Security, and the Attorney General, shall submit a 
        report to Congress that includes an evaluation of the following 
        requirements and changes:
                    (A) A requirement that social security cards that 
                are made of a durable plastic or similar material and 
                that include an encrypted, machine-readable electronic 
                identification strip and a digital photograph of the 
                individual to whom the card is issued, be issued to 
                each individual (whether or not a United States 
                citizen) who--
                            (i) is authorized to be employed in the 
                        United States;
                            (ii) is seeking employment in the United 
                        States; and
                            (iii) files an application for such card, 
                        whether as a replacement of an existing social 
                        security card or as a card issued in connection 
                        with the issuance of a new social security 
                        account number.
                    (B) The creation of a unified database to be 
                maintained by the Department of Homeland Security and 
                comprised of data from the Social Security 
                Administration and the Department of Homeland Security 
                specifying the work authorization of individuals 
                (including both United States citizens and noncitizens) 
                for the purpose of conducting employment eligibility 
                verification.
                    (C) A requirement that all employers verify the 
                employment eligibility of all new hires using the 
                social security cards described in subparagraph (A) and 
                a phone, electronic card-reading, or other mechanism to 
                seek verification of employment eligibility through the 
                use of the unified database described in subparagraph 
                (B).
            (2) Items included in report.--The report under paragraph 
        (1) shall include an evaluation of each of the following:
                    (A) Projected cost, including the cost to the 
                Federal Government, State and local governments, and 
                the private sector.
                    (B) Administrability.
                    (C) Potential effects on--
                            (i) employers;
                            (ii) employees, including employees who are 
                        United States citizens as well as those that 
                        are not citizens;
                            (iii) tax revenue; and
                            (iv) privacy.
                    (D) The extent to which employer and employee 
                compliance with immigration laws would be expected to 
                improve.
                    (E) Any other relevant information.
            (3) Alternatives.--The report under paragraph (1) also 
        shall examine any alternatives to achieve the same goals as the 
        requirements and changes described in paragraph (1) but that 
        involve lesser cost, lesser burden on those affected, or 
        greater ease of administration.
    (b) Inspector General Review.--Not later than 3 months after the 
report is submitted under subsection (a), the Inspector General of the 
Social Security Administration, in consultation with the Inspectors 
General of the Department of Treasury, the Department of Homeland 
Security, and the Department of Justice, shall send to the Congress an 
evaluation of the such report.

SEC. 708. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF DAY 
              LABORER SHELTERS.

    Paragraph 274A(h)(2) of the Immigration and Nationality Act (8 
U.S.C. 1324a(h)(2)) is amended--
            (1) by striking ``imposing'', and inserting a dash and 
        ``(A) imposing'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(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.''

SEC. 709. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on the date of enactment of this Act, except that the requirements of 
persons and entities to comply with the employment eligibility 
verification process takes effect on the date that is two years after 
such date.

SEC. 710. 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 (except for the purpose of carrying out section 
707) 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.

SEC. 711. REPORT ON EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Not later than one year after the implementation of the employment 
eligibility verification system and one year thereafter, the Secretary 
of Homeland Security shall submit to Congress a report on the progress 
and problems associated with implementation of the system, including 
information relating to the most efficient use of the system by small 
businesses.

Subtitle B--Employment Eligibility Verification and Anti-Identity Theft 
                                  Act

SEC. 721. SHORT TITLE.

    This subtitle may be cited as the ``Employment Eligibility 
Verification and Anti-Identity Theft Act''.

SEC. 722. REQUIRING AGENCIES TO SEND ``NO-MATCH'' LETTERS.

    (a) Social Security Administration.--The Commissioner of the Social 
Security Administration shall send a written notice to a person or 
entity each time that the combination of name and Social Security 
account number submitted by the person or entity for an individual does 
not match Social Security Administration records.
    (b) Department of Homeland Security.--The Secretary of Homeland 
Security shall send a written notice to a person or entity each time 
that such Secretary determines that an immigration status document or 
employment authorization document presented or referenced by an 
individual during the process of completing the attestations required 
by the person or entity for employment eligibility verification was 
assigned to another person, or that there is no agency record that the 
document was assigned to any person.

SEC. 723. REQUIRING EMPLOYERS TO TAKE ACTION UPON RECEIPT OF A ``NO-
              MATCH'' LETTER.

    Beginning on the date that is 6 months after the date of the 
enactment of this Act, a person or entity that has received a written 
notice under section 312 shall, within 3 business days of receiving 
such notice, verify the individual's employment authorization and 
identity through the verification system established under section 314.

SEC. 724. VERIFICATION SYSTEM.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Homeland Security, in consultation with the 
Commissioner of the Social Security Administration, as appropriate, 
shall establish and administer a verification system through which 
persons or entities that have received written notice under section 312 
shall verify an individual's employment authorization and identity.

SEC. 725. DESIGN AND OPERATION OF SYSTEM.

    The verification system established under section 314 shall be 
designed and operated--
            (1) to maximize its reliability and ease of use, consistent 
        with insulating and protecting the privacy and security of the 
        underlying information;
            (2) to respond to all required inquiries under this 
        subtitle regarding whether individuals are authorized to be 
        employed and to register all times when such inquiries are not 
        received;
            (3) with appropriate administrative, technical, and 
        physical safeguards to prevent unauthorized disclosure of 
        personal information; and
            (4) to have reasonable safeguards against the system's 
        resulting in unlawful discriminatory practices based on 
        national origin or citizenship status, including--
                    (A) the selective or unauthorized use of the system 
                to verify eligibility;
                    (B) the use of the system prior to an offer of 
                employment; or
                    (C) 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.

SEC. 726. EXTENSION OF TIME.

    If a person or entity in good faith attempts to make an inquiry 
during the time period specified and the verification system 
established under section 314 has registered that not all inquiries 
were received during such time, the person or entity may make an 
inquiry on 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.

SEC. 727. RETENTION OF PROOF OF VERIFICATION COMPLETION.

    After completion of the verification process established under 
section 314, a person or entity shall retain a paper, microfiche, 
microfilm, or electronic version of the form received through the 
verification process (or, in the case of a telephonic verification, a 
paper, microfiche, microfilm, or electronic record of the telephonic 
verification code number) 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 for 3 years after the date on which the form or telephonic 
verification code number was received.

SEC. 728. TERMINATION OF EMPLOYMENT.

    (a) Burden on Individual To Resolve Errors.--If a person or entity 
has received an initial nonverification regarding an individual from 
the verification system established under section 315, the person or 
entity shall notify the individual in writing within 1 business day of 
such receipt. In such notice, the person or entity shall advise the 
individual that the burden is on the individual to resolve any error in 
the verification mechanism not later than 30 days after the date on 
which the notice is issued. Such notice shall also state that the 
person or entity shall be required to verify once again the 
individual's employment authorization and identity through the 
verification system established under section 315, and to terminate any 
employment in the United States, and any recruitment, hiring, or 
referral for employment in the United States, of the individual, if a 
final nonverification is received.
    (b) Additional Verification.--A person or entity that has issued a 
notice under subsection (a) shall, within 33 business days of such 
issuance, verify once again the individual's employment authorization 
and identity through the verification system established under section 
314. Sections 316 and 317 shall apply to such final verification in the 
same manner as such sections applied to the initial verification.

SEC. 729. FINAL VERIFICATION.

    (a) Within 7 days of receiving final nonverification for an 
individual, the person or entity issued a notice under section 312(a) 
of this Act shall provide the Commissioner of Social Security with a 
copy of such individual's verification form as described in section 
274A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(b)(3)) in addition to any other information regarding the last 
known name, address, and location of such individual.
    (b) Within 3 business days of receiving such notification, the 
Commissioner of Social Security shall provide such information to the 
Secretary of Homeland Security.

SEC. 730. EMPLOYER VIOLATIONS.

    A person or entity shall be considered to have violated section 
274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(A)) if the person or entity--
            (1) continues to employ in the United States, or recruits, 
        hires, or refers for employment in the United States, an 
        individual after receiving a final nonverification regarding an 
        individual from the verification system established under 
        section 314; or
            (2) otherwise fails to take an action required under this 
        subtitle.

SEC. 731. LIMITATION ON USE.

    (a) In General.--Notwithstanding any other provision of law, 
nothing in this subtitle shall be construed to permit or allow any 
department, bureau, or other agency of the United States Government to 
utilize any information, data base, or other records assembled under 
this subtitle for any other purpose other than as provided for under 
this subtitle.
    (b) No National Identification Card.--Nothing in this subtitle 
shall be construed to authorize, directly or indirectly, the issuance 
or use of national identification cards or the establishment of a 
national identification card.

SEC. 732. FEDERAL TORT CLAIMS ACT REMEDY.

    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 
chapter 171 of title 28, United States Code (popularly known as the 
Federal Tort Claims Act), and injunctive relief to correct such error. 
No class action may be brought under this subtitle.

SEC. 733. 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 
subtitle.

          Subtitle C--Improved Security for Birth Certificates

SEC. 741. DEFINITIONS.

    (a) Applicability of Definitions.--Except as otherwise specifically 
provided, the definitions contained in section 201 of the REAL ID Act 
of 2005 (division B of Public Law 109-13) apply to this subtitle.
    (b) Other Definitions.--In this subtitle, the following definitions 
apply:
            (1) Birth certificate.--The term ``birth certificate'' 
        means a certificate of birth--
                    (A) for an individual (regardless of where born)--
                            (i) who is a citizen or national of the 
                        United States at birth; and
                            (ii) whose birth is registered in the 
                        United States; and
                    (B) that--
                            (i) is issued by a Federal, State, or local 
                        government agency or authorized custodian of 
                        record and produced from birth records 
                        maintained by such agency or custodian of 
                        record; or
                            (ii) is an authenticated copy, issued by a 
                        Federal, State, or local government agency or 
                        authorized custodian of record, of an original 
                        certificate of birth issued by such agency or 
                        custodian of record.
            (2) Full legal name.--The term ``full legal name'' means 
        the complete name of the person, including the birth name as 
        recorded in the state and or nation of birth, as applicable, 
        and any suffixes or names appended through lawful action 
        through marriage, adoption or lawful name change.
            (3) Registrant.--The term ``registrant'' means, with 
        respect to a birth certificate, the person whose birth is 
        registered on the certificate.
            (4) State.--The term ``State'' has the the meaning given 
        such term in section 201 of the REAL ID Act of 2005 (division B 
        of Public Law 109-13), except that New York City shall be 
        treated as a State separate from New York.

SEC. 742. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL GOVERNMENTS.

    The minimum standards in this subtitle applicable to birth 
certificates issued by a State shall also apply to birth certificates 
issued by a local government in the State. It shall be the 
responsibility of the State to ensure that local governments in the 
State comply with the minimum standards.

SEC. 743. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) In general.--Beginning 3 years after the date of the 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a birth certificate issued by a State to any 
        person unless the State is meeting the requirements of this 
        section.
            (2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Health and Human Services, may prescribe by regulation.
    (b) Minimum Document Standards.--To meet the requirements of this 
section, a State shall include, on each birth certificate issued to a 
person by the State, the use of safety paper, the seal of the issuing 
custodian of record, and such other features as the Secretary may 
determine necessary to prevent tampering, counterfeiting, and otherwise 
duplicating the birth certificate for fraudulent purposes. The 
Secretary may not require a single design to which birth certificates 
issued by all States must conform. However, the Secretary shall require 
a minimum standard set of security features incorporated into birth 
certificates issued by all States, such as digital watermarks, so that 
validation of such security features can be affordably made be law 
enforcement officials, by motor vehicle administrators, and State and 
Federal officials.
    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, 
        a State shall require and verify the following information from 
        the requestor before issuing an authenticated copy of a birth 
        certificate:
                    (A) The name on the birth certificate.
                    (B) The date and location of the birth.
                    (C) The mother's maiden name.
                    (D) Substantial proof of the requestor's identity.
                    (E) Where available, authentication of identity 
                through comparison with a biometric identifier.
            (2) Issuance to persons not named on birth certificate.--To 
        meet the requirements of this section, in the case of a request 
        by a person who is not named on the birth certificate, a State 
        must require the presentation of legal authorization to request 
        the birth certificate before issuance.
            (3) Issuance to family members.--Not later than one year 
        after the date of the enactment of this Act, the Secretary, in 
        consultation with the Secretary of Health and Human Services 
        and the States, shall establish minimum standards for issuance 
        of a birth certificate to specific family members, their 
        authorized representatives, and others who demonstrate that the 
        certificate is needed for the protection of the requestor's 
        personal or property rights.
            (4) Waivers.--A State may waive the requirements set forth 
        in subparagraphs (A) through (C) of subsection (c)(1) in 
        exceptional circumstances, such as the incapacitation of the 
        registrant.
            (5) Applications by electronic means.--To meet the 
        requirements of this section, for applications by electronic 
        means, through the mail or by phone or fax, a State shall 
        employ third party verification, or equivalent verification, of 
        the identity of the requestor.
            (6) Verification of documents.--To meet the requirements of 
        this section, a State shall verify the documents used to 
        provide proof of identity of the requestor.
    (d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt, at a minimum, the following practices in the 
issuance and administration of birth certificates:
            (1) Establish and implement minimum building security 
        standards for State and local vital record offices.
            (2) Restrict public access to birth certificates and 
        information gathered in the issuance process to ensure that 
        access is restricted to entities with which the State has a 
        binding privacy protection agreement.
            (3) Subject all persons with access to vital records to 
        appropriate security clearance requirements.
            (4) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance 
        process.
            (5) Establish and implement internal operating system 
        standards for paper and for electronic systems.
            (6) Establish a central electronic database that--
                    (A) is maintained in a physically secure 
                environment so that unauthorized access can be 
                prevented;
                    (B) is linked through the Electronic Verification 
                of Vital Event System (EVVES) established under section 
                345 or an equivalent system to provide interoperative 
                data exchange with other States and with Federal 
                agencies, subject to privacy restrictions and 
                confirmation of the authority and identity of the 
                requestor; and
                    (C) incorporates within its records, to ensure 
                process integrity, the full legal name of any 
                authorized requestor, the date of the request, and the 
                relationship to the person whose birth is recorded on 
                the birth certificate.
            (7) Ensure that birth and death records are matched in a 
        comprehensive and timely manner, and that all electronic birth 
        records and paper birth certificates of decedents are marked 
        ``deceased''.
            (8) Cooperate with the Secretary in the implementation of 
        electronic verification of vital events under section 345.

SEC. 744. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION 
              SYSTEMS.

    In consultation with the Secretary of Health and Human Services and 
the Commissioner of Social Security, the Secretary shall take the 
following actions:
            (1) Work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems.
            (2) Coordinate requirements for such systems to align with 
        a national model.
            (3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            (4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            (5) Establish uniform field requirements for State birth 
        registries.
            (6) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            (7) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of State 
        to improve registration, notification, and the sharing of data 
        with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens abroad.
            (8) Not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requestors who are 
        not the registrants.
            (9) Not later than 6 months after the date of the enactment 
        of this Act, submit to Congress, a report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.

SEC. 745. ELECTRONIC VERIFICATION OF VITAL EVENTS.

    (a) Lead Agency.--The Secretary shall lead the implementation of 
the Electronic Verification of Vital Events System for the purpose of 
verifying a person's birth and death.
    (b) Regulations.--In carrying out subsection (a), the Secretary 
shall issue regulations to establish a means by which authorized 
Federal and State agency users with a single interface will be able to 
generate an electronic query to any participating vital records 
jurisdiction throughout the Nation to verify the contents of a paper 
birth certificate. Pursuant to the regulations, an electronic response 
from the participating vital records jurisdiction as to whether there 
is a birth record in their database that matches the paper birth 
certificate will be returned to the user, along with an indication if 
the matching birth record has been flagged ``deceased''. The 
regulations shall take effect not later than 5 years after the date of 
the enactment of this Act.

SEC. 746. GRANTS TO STATES.

    (a) In General.--The Secretary is authorized to award grants to 
States to modernize State birth and death certificate records and 
otherwise to satisfy the requirements of this subtitle. On an expedited 
basis, the Secretary shall award grants or contracts for the purpose of 
improving the accuracy and electronic availability of States' records 
of births, deaths, and of other records necessary for implementation of 
the Electronic Verification of Vital Events System established in 
section 345, and as otherwise necessary to advance the purposes of this 
subtitle.
    (b) Regulation Compliance.--A State that does fails to certify the 
State's intent to comply with the regulations issued to implement this 
subtitle not later than December 31, 2013, or that does not submit a 
compliance plan acceptable to the Secretary is not eligible for a grant 
under subsection (a).
    (c) Duration.--Grants may be awarded under this section during 
fiscal years 2009 through 2017.
    (d) Eligible Recipients.--If the Secretary of Homeland Security 
determines that compliance with this subtitle can best be achieved by 
awarding grants or contracts to a State, a group of States, a 
government agency, a chartered nonprofit organization, or a private 
entity, the Secretary may utilize funds under this section to award 
such grants or contracts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2009 through 
2013 such sums as may be necessary to carry out this chapter.

SEC. 747. AUTHORITY.

    (a) Participation With Federal Agencies and States.--All authority 
to issue regulations, certify standards, and issue grants under this 
chapter shall be carried out by the Secretary, with the concurrence of 
the Secretary of Health and Human Services and in consultation with 
State vital statistics offices and appropriate Federal agencies.
    (b) Extensions of Deadlines.--The Secretary may grant to a State an 
extension of time to meet the requirements of section 329(a)(1) if the 
State provides adequate justification for noncompliance.

SEC. 748. REPEAL.

    Section 7211 of Public Law 108-458 is repealed.

            Subtitle D--Stop the Misuse of ITINs Act of 2007

SEC. 751. SHORT TITLE.

    This subtitle may be cited as the ``Stop the Misuse of ITINs Act of 
2007''.

SEC. 752. NOTIFICATION OF EMPLOYMENT STATUS OF INDIVIDUALS NOT 
              AUTHORIZED TO WORK IN THE UNITED STATES.

    (a) In General.--Subsection (i) of section 6103 of the Internal 
Revenue Code of 1986 (relating to confidentiality and disclosure of 
returns and return information) is amended by adding at the end the 
following new paragraph:
            ``(9) Disclosure to secretary of homeland security of 
        employment information of employees not authorized to be 
        employed in united states.--
                    ``(A) In general.--If--
                            ``(i) the Secretary receives a return from 
                        any person or entity (hereafter in this 
                        paragraph referred to as the `employer') 
                        showing wages (as defined in section 3121(a)) 
                        paid to any employee, and
                            ``(ii) the TIN of such employee, as shown 
                        on such return, indicates that such employee is 
                        not authorized to be employed in the United 
                        States,
                the Secretary shall provide electronically to the 
                Secretary of Homeland Security the following 
                information as shown on such return: the name, address, 
                and TIN of such employee and the name, address, and 
                employer identification number of the employer.
                    ``(B) Notice to employer and employee.--Whenever 
                the Secretary sends a notice under subparagraph (A) 
                with respect to any employer and employee, the 
                Secretary also shall notify the employer and the 
                employee in writing that such employee is not 
                authorized to be employed in the United States and that 
                the employee's employment with the employer should be 
                terminated not later than the 30th day after the date 
                of the notice. Such notice shall also describe--
                            ``(i) the employer's obligations under this 
                        paragraph,
                            ``(ii) the employee's right under this 
                        paragraph to contest the determination that the 
                        employee is not authorized to be employed in 
                        the United States, and
                            ``(iii) the procedure under this paragraph 
                        for contesting such determination.
                    ``(C) Employee's right to contest.--
                            ``(i) Notice to employee.--If any employer 
                        receives such a notice from the Secretary with 
                        respect to an employee, the employer shall, 
                        within 3 business days after the date the 
                        employer received such notice, provide a copy 
                        of such notice to the employee.
                            ``(ii) Right to contest.--An employee may 
                        contest the accuracy of such notice during the 
                        30-day period beginning on the date that the 
                        employer provided the notice under clause (i) 
                        to the employee.
                            ``(iii) Contest procedure.--If, during such 
                        30-day period, the employee provides the 
                        employer with information substantiating such 
                        employee's claimed authorization to be employed 
                        in the United States, the employer shall, in 
                        such form and manner as the Secretary shall 
                        prescribe, provide to the Secretary--
                                    ``(I) the employee's name, address, 
                                and taxpayer identification number,
                                    ``(II) the employer's name, 
                                address, telephone number, and employer 
                                identification number, and
                                    ``(III) the information provided by 
                                the employee to the employer 
                                substantiating such employee's 
                                authorization to be employed in the 
                                United States.
                    ``(D) Verification from department of homeland 
                security.--
                            ``(i) Transmittal of inquiry.--Within 3 
                        business days after receiving the information 
                        described in subparagraph (C)(iii), the 
                        Secretary shall provide such information 
                        electronically to the Secretary of Homeland 
                        Security.
                            ``(ii) Response.--Within 7 business days 
                        after receiving such information, the Secretary 
                        of Homeland Security shall electronically 
                        notify the Secretary, and shall notify the 
                        employer and employee in writing, as to whether 
                        the employee is authorized to be employed in 
                        the United States.
                    ``(E) Suspension of obligation to terminate 
                employment until response received.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if the employee meets the 
                        requirement of subparagraph (C)(iii), the 
                        employer's obligation to terminate the 
                        employment of such employee shall be suspended 
                        until the employer receives the notice 
                        described in subparagraph (D)(ii).
                            ``(ii) Timely response not received.--If 
                        the employer does not receive such notice 
                        before the 30th day after the close such 30-day 
                        period, the employer shall so notify the 
                        Secretary.
                    ``(F) Rebuttable presumption of violation of the 
                immigration and nationality act.--
                            ``(i) In general.--A rebuttable presumption 
                        is created that the employer has violated 
                        section 274A(a)(1)(A) of the Immigration and 
                        Nationality Act if--
                                    ``(I) the employer employs an 
                                individual with respect to whom a 
                                notice is received under subparagraph 
                                (B) after the 30 days described in such 
                                subparagraph,
                                    ``(II) the employer fails to notify 
                                the Secretary as required by 
                                subparagraph (E)(ii) and employs such 
                                individual, or
                                    ``(III) the employer refers the 
                                individual for employment after 
                                receiving a notice under subparagraph 
                                (B) with respect to such individual.
                            ``(ii) Exceptions.--
                                    ``(I) Suspension period.--Clause 
                                (i)(I) shall not apply during the 
                                suspension period described in 
                                subparagraph (E)(i).
                                    ``(II) Notice from secretary of 
                                homeland security.--Clause (i) shall 
                                cease to apply with respect to an 
                                individual after the date that the 
                                employer is notified by the Secretary 
                                of Homeland Security that such 
                                individual is authorized to be employed 
                                in the United States.
                    ``(G) Refunds denied.--No refund of any tax imposed 
                by this shall be made to any individual for any taxable 
                year during any portion of which such individual is 
                employed in the United States without being authorized 
                to be so employed.
                    ``(H) Special rules.--
                            ``(i) Protection from liability.--No 
                        employer shall be civilly or criminally liable 
                        under any law for any action taken in good 
                        faith reliance on information provided by the 
                        Secretary or the Secretary of Homeland Security 
                        with respect to any individual's eligibility to 
                        be employed in the United States.
                            ``(ii) Timely mailing treated as timely 
                        notice.--Rules similar to the rules of section 
                        7502 shall apply for purposes of this section.
                            ``(iii) Last known address of employee.--
                        Any notice required to be provided to an 
                        employee under this section shall be sufficient 
                        if mailed to the employee at the last known 
                        address of the employee.''.
    (b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such 
Code is amended by striking ``(5) or (7)'' each place it appears and 
inserting ``(5), (7), or (9)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns received more than 180 days after the date of the 
enactment of this Act.

                       Subtitle E--Miscellaneous

SEC. 761. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION ENFORCEMENT 
              PURPOSES.

    (a) Social Security Account Numbers.--Section 264(f) of the 
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended to read 
as follows:
    ``(f) Notwithstanding any other provision of law (including section 
6103 of the Internal Revenue Code of 1986), the Secretary of Homeland 
Security, the Secretary of Labor, and the Attorney General are 
authorized to require an individual to provide the individual's social 
security account number for purposes of inclusion in any record of the 
individual maintained by either such Secretary or the Attorney General, 
or of inclusion in any application, document, or form provided under or 
required by the immigration laws.''.
    (b) Exchange of Information.--Section 290(c) of the Immigration and 
Nationality Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2) 
and inserting the following new paragraphs:
            ``(2)(A) Notwithstanding any other provision of law 
        (including section 6103 of the Internal Revenue Code of 1986), 
        if earnings are reported on or after January 1, 1997, to the 
        Social Security Administration on a social security account 
        number issued to an alien not authorized to work in the United 
        States, the Commissioner of Social Security shall provide the 
        Secretary of Homeland Security with information regarding the 
        name, date of birth, and address of the alien, the name and 
        address of the person reporting the earnings, and the amount of 
        the earnings.
            ``(B) The information described in subparagraph (A) shall 
        be provided in an electronic form agreed upon by the 
        Commissioner and the Secretary.
            ``(3)(A) Notwithstanding any other provision of law 
        (including section 6103 of the Internal Revenue Code of 1986), 
        if a social security account number was used with multiple 
        names, the Commissioner of Social Security shall provide the 
        Secretary of Homeland Security with information regarding the 
        name, date of birth, and address of each individual who used 
        that social security account number, and the name and address 
        of the person reporting the earnings for each individual who 
        used that social security account number.
            ``(B) The information described in subparagraph (A) shall 
        be provided in an electronic form agreed upon by the 
        Commissioner and the Secretary for the sole purpose of 
        enforcing the immigration laws.
            ``(C) The Secretary, in consultation with the Commissioner, 
        may limit or modify the requirements of this paragraph, as 
        appropriate, to identify the cases posing the highest 
        possibility of fraudulent use of social security account 
        numbers related to violation of the immigration laws.
            ``(4)(A) Notwithstanding any other provision of law 
        (including section 6103 of the Internal Revenue Code of 1986), 
        if more than one person reports earnings for an individual 
        during a single tax year, the Commissioner of Social Security 
        shall provide the Secretary of Homeland Security information 
        regarding the name, date of birth, and address of the 
        individual, and the name and address of the each person 
        reporting earnings for that individual.
            ``(B) The information described in subparagraph (A) shall 
        be provided in an electronic form agreed upon by the 
        Commissioner and the Secretary for the sole purpose of 
        enforcing the immigration laws.
            ``(C) The Secretary, in consultation with the Commissioner, 
        may limit or modify the requirements of this paragraph, as 
        appropriate, to identify the cases posing the highest 
        possibility of fraudulent use of social security account 
        numbers related to violation of the immigration laws.
            ``(5)(A) The Commissioner of Social Security shall perform, 
        at the request of the Secretary of Homeland Security, a search 
        or manipulation of records held by the Commissioner if the 
        Secretary certifies that the purpose of the search or 
        manipulation is to obtain information that is likely to assist 
        in identifying individuals (and their employers) who are using 
        false names or social security account numbers, who are sharing 
        a single valid name and social security account number among 
        multiple individuals, who are using the social security account 
        number of a person who is deceased, too young to work, or not 
        authorized to work, or who are otherwise engaged in a violation 
        of the immigration laws. The Commissioner shall provide the 
        results of such search or manipulation to the Secretary, 
        notwithstanding any other provision law (including section 6103 
        of the Internal Revenue Code of 1986).
            ``(B) The Secretary shall transfer to the Commissioner the 
        funds necessary to cover the costs directly incurred by the 
        Commissioner in carrying out each search or manipulation 
        requested by the Secretary under subparagraph (A).''.
    (c) False Claims of Citizenship by Nationals of the United 
States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by inserting ``or 
national'' after ``citizen''.

SEC. 762. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

    (a) Worksite Enforcement.--The Secretary of Homeland Security 
shall, subject to the availability of appropriations for such purpose, 
annually increase, by not fewer than 2,000, the number of positions 
dedicated to enforcing compliance with sections 274 and 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324 and 1324a) during the 
five year period beginning on October 1, 2008.
    (b) Fraud Detection.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase by not fewer than 1,000 the number of positions for 
Immigration Enforcement Agents dedicated to immigration fraud detection 
during the five year period beginning on October 1, 2008.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for each of fiscal 
years 2008 through 2012 such sums as may be necessary to carry out this 
section.

           TITLE VIII--IMMIGRATION LITIGATION ABUSE REDUCTION

SEC. 801. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER AUTHORITY.

    (a) In General.--Section 101(a)(47) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(47)) is amended to read as follows:
    ``(47)(A) The term `order of removal' means the order of the 
immigration judge, the Board of Immigration Appeals, or other 
administrative officer to whom the Attorney General or the Secretary of 
Homeland Security has delegated the responsibility for determining 
whether an alien is removable, concluding that the alien is removable 
or ordering removal.
    ``(B) The order described under subparagraph (A) shall become final 
upon the earliest of--
                            ``(i) a determination by the Board of 
                        Immigration Appeals affirming such order;
                            ``(ii) the entry by the Board of 
                        Immigration Appeals of such order;
                            ``(iii) the expiration of the period in 
                        which any party is permitted to seek review of 
                        such order by the Board of Immigration Appeals;
                            ``(iv) the entry by an immigration judge of 
                        such order, if appeal is waived by all parties; 
                        or
                            ``(v) the entry by another administrative 
                        officer of such order, at the conclusion of a 
                        process as authorized by law other than under 
                        section 240.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
ordered entered before, on, or after such date.

SEC. 802. JUDICIAL REVIEW OF VISA REVOCATION.

    (a) In General.--Section 221(i) of the Immigration and Nationality 
Act (8 U.S.C. 1201(i)) is amended by amending the last sentence to read 
as follows: ``Notwithstanding any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, United States Code, 
or any other habeas corpus provision, and sections 1361 and 1651 of 
such title, a revocation under this subsection may not be reviewed by 
any court, and no court shall have jurisdiction to hear any claim 
arising from, or any challenge to, such a revocation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
visa revocations effected before, on, or after such date.

SEC. 803. REINSTATEMENT.

    (a) In General.--Section 241(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Secretary of Homeland Security 
        finds that an alien has entered the United States illegally 
        after having been removed or having departed voluntarily, under 
        an order of removal, deportation, or exclusion, regardless of 
        the date of the original order or the date of the illegal 
        entry--
                    ``(A) the order of removal, deportation, or 
                exclusion is reinstated from its original date and is 
                not subject to being reopened or reviewed;
                    ``(B) the alien is not eligible and may not apply 
                for any relief under this Act, regardless of the date 
                that an application for such relief may have been 
                filed; and
                    ``(C) the alien shall be removed under the order of 
                removal, deportation, or exclusion at any time after 
                the illegal entry.
        Reinstatement under this paragraph shall not require 
        proceedings before an immigration judge under section 240 or 
        otherwise.''.
    (b) Judicial Review.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the 
following new subsection:
    ``(h) Judicial Review of Reinstatement Under Section 241(a)(5).--
            ``(1) In general.--Notwithstanding any other provision of 
        law (statutory or nonstatutory), including section 2241 of 
        title 28, United States Code, or any other habeas corpus 
        provision, sections 1361 and 1651 of such title, or subsection 
        (a)(2)(D) of this section, no court shall have jurisdiction to 
        review any cause or claim arising from or relating to any 
        reinstatement under section 241(a)(5) (including any challenge 
        to the reinstated order), except as provided in paragraph (2) 
        or (3).
            ``(2) Challenges in court of appeals for district of 
        columbia to validity of the system, its implementation, and 
        related individual determinations.--
                    ``(A) In general.--Judicial review of 
                determinations under section 241(a)(5) and its 
                implementation is available in an action instituted in 
                the United States Court of Appeals for the District of 
                Columbia Circuit, but shall be limited, except as 
                provided in subparagraph (B), to the following 
                determinations:
                            ``(i) Whether such section, or any 
                        regulation issued to implement such section, is 
                        constitutional.
                            ``(ii) Whether such a regulation, or a 
                        written policy directive, written policy 
                        guideline, or written procedure issued by or 
                        under the authority of the Attorney General or 
                        the Secretary of Homeland Security to implement 
                        such section, is not consistent with applicable 
                        provisions of this Act or is otherwise in 
                        violation of a statute or the Constitution.
                    ``(B) Related individual determinations.--If a 
                person raises an action under subparagraph (A), the 
                person may also raise in the same action the following 
                issues:
                            ``(i) Whether the petitioner is an alien.
                            ``(ii) Whether the petitioner was 
                        previously ordered removed or deported, or 
                        excluded.
                            ``(iii) Whether the petitioner has since 
                        illegally entered the United States.
                    ``(C) Deadlines for bringing actions.--Any action 
                instituted under this paragraph must be filed no later 
                than 60 days after the date the challenged section, 
                regulation, directive, guideline, or procedure 
                described in clause (i) or (ii) of subparagraph (A) is 
                first implemented.
            ``(3) Individual determinations under section 242(a).--
        Judicial review of determinations under section 241(a)(5) is 
        available in an action under subsection (a) of this section, 
        but shall be limited to determinations of--
                    ``(A) whether the petitioner is an alien;
                    ``(B) whether the petitioner was previously ordered 
                removed, deported, or excluded; and
                    ``(C) whether the petitioner has since illegally 
                entered the United States.
            ``(4) Single action.--A person who files an action under 
        paragraph (2) may not file a separate action under paragraph 
        (3). A person who files an action under paragraph (3) may not 
        file an action under paragraph (2).''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as if enacted on April 1, 1997, and shall apply to 
all orders reinstated on or after that date by the Secretary of 
Homeland Security (or by the Attorney General prior to March 1, 2003), 
regardless of the date of the original order.

SEC. 804. WITHHOLDING OF REMOVAL.

    (a) In General.--Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C 1231(b)(3)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``The burden of proof is on the alien to establish 
        that the alien's life or freedom would be threatened in that 
        country, and that race, religion, nationality, membership in a 
        particular social group, or political opinion would be at least 
        one central reason for such threat.''; and
            (2) in subparagraph (C), by striking ``In determining 
        whether an alien has demonstrated that the alien's life or 
        freedom would be threatened for a reason described in 
        subparagraph (A)'' and inserting ``For purposes of this 
        paragraph''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of section 101(c) of the 
REAL ID Act of 2005 (division B of Public Law 109-13).

SEC. 805. CERTIFICATE OF REVIEWABILITY.

    (a) Alien's Brief.--Section 242(b)(3)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)(3)(C)) is amended to read as follows:
                    ``(C) Alien's brief.--The alien shall serve and 
                file a brief in connection with a petition for judicial 
                review not later than 40 days after the date on which 
                the administrative record is available. The court may 
                not extend this deadline except upon motion for good 
                cause shown. If an alien fails to file a brief within 
                the time provided in this paragraph, the court shall 
                dismiss the appeal unless a manifest injustice would 
                result.''.
    (b) Certificate of Reviewability.--Section 242(b)(3) of such Act (8 
U.S.C. 1252 (b)(3)) is amended by adding at the end the following new 
subparagraphs:
                    ``(D) Certificate.--
                            ``(i) After the alien has filed the alien's 
                        brief, the petition for review shall be 
                        assigned to a single court of appeals judge.
                            ``(ii) Unless that court of appeals judge 
                        or a circuit justice issues a certificate of 
                        reviewability, the petition for review shall be 
                        denied and the government shall not file a 
                        brief.
                            ``(iii) A certificate of reviewability may 
                        issue under clause (ii) only if the alien has 
                        made a substantial showing that the petition 
                        for review is likely to be granted.
                            ``(iv) The court of appeals judge or 
                        circuit justice shall complete all action on 
                        such certificate, including rendering judgment, 
                        not later than 60 days after the date on which 
                        the judge or circuit justice was assigned the 
                        petition for review, unless an extension is 
                        granted under clause (v).
                            ``(v) The judge or circuit justice may 
                        grant, on the judge's or justice's own motion 
                        or on the motion of a party, an extension of 
                        the 60-day period described in clause (iv) if--
                                    ``(I) all parties to the proceeding 
                                agree to such extension; or
                                    ``(II) such extension is for good 
                                cause shown or in the interests of 
                                justice, and the judge or circuit 
                                justice states the grounds for the 
                                extension with specificity.
                            ``(vi) If no certificate of reviewability 
                        is issued before the end of the period 
                        described in clause (iv), including any 
                        extension under clause (v), the petition for 
                        review shall be deemed denied, any stay or 
                        injunction on petitioner's removal shall be 
                        dissolved without further action by the court 
                        or the government, and the alien may be 
                        removed.
                            ``(vii) If a certificate of reviewability 
                        is issued under clause (ii), the Government 
                        shall be afforded an opportunity to file a 
                        brief in response to the alien's brief. The 
                        alien may serve and file a reply brief not 
                        later than 14 days after service of the 
                        Government's brief, and the court may not 
                        extend this deadline except upon motion for 
                        good cause shown.
                    ``(E) No further review of the court of appeals 
                judge's decision not to issue a certificate of 
                reviewability.--The single court of appeals judge's 
                decision not to issue a certificate of reviewability, 
                or the denial of a petition under subparagraph (D)(vi), 
                shall be the final decision for the court of appeals 
                and shall not be reconsidered, reviewed, or reversed by 
                the court of appeals through any mechanism or 
                procedure.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to petitions filed on or after the date that is 60 days after the 
date of the enactment of this Act.

SEC. 806. WAIVER OF RIGHTS IN NONIMMIGRANT VISA ISSUANCE.

    (a) In General.--Section 221(a) of the Immigration and Nationality 
Act (8 U.S.C. 1201(a)) is amended by adding at the end the following 
new paragraph:
    ``(3) An alien may not be issued a nonimmigrant visa unless the 
alien has waived any right--
                    ``(A) to review or appeal under this Act of an 
                immigration officer's determination as to the 
                inadmissibility of the alien at the port of entry into 
                the United States; or
                    ``(B) to contest, other than on the basis of an 
                application for asylum, any action for removal of the 
                alien.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to visas issued on or after the date that is 90 days after the 
date of the enactment of this Act.

SEC. 807. CLARIFICATION OF JURISDICTION ON REVIEW.

    (a) Review of Discretionary Determinations.--Section 242(a)(2)(B) 
of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is 
amended--
            (1) by inserting before ``no court'' the following: ``and 
        regardless of whether the individual determination, decision, 
        or action is made in removal proceedings,'';
            (2) in clause (i), by striking ``any judgment'' and 
        inserting ``any individual determination''; and
            (3) in clause (ii)--
                    (A) by inserting ``discretionary'' after ``any 
                other'';
                    (B) by striking ``the authority for which is 
                specified under this title to be in the discretion of 
                the Attorney General or the Secretary of Homeland 
                Security,'' and inserting ``under this title or the 
                regulations promulgated hereunder,''; and
                    (C) by striking the period at the end and inserting 
                the following: ``, irrespective of whether such 
                decision or action is guided or informed by standards, 
                regulatory or otherwise.''.
    (b) Review of Orders Against Criminal Aliens.--Section 242(a)(2)(C) 
of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(C)) is 
amended by inserting after ``of removal'' the following: 
``(irrespective of whether relief or protection was denied on the basis 
of the alien's having committed a criminal offense)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to petitions for review that are pending on or after the date of 
the enactment of this Act.

SEC. 808. FEES AND EXPENSES IN JUDICIAL PROCEEDINGS.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended by adding at the end the following new 
subsection:
    ``(i) Notwithstanding any other provision of law, a court shall not 
award fees or other expenses to an alien based upon the alien's status 
as a prevailing party in any proceedings relating to an order of 
removal issued under this Act, unless the court of appeals concludes 
that the Attorney General's determination that the alien was removable 
under section 212 or 237 was not substantially justified.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to fees or other expenses awarded on or after the date of the 
enactment of this Act.

                TITLE IX--PRESCREENING OF AIR PASSENGERS

SEC. 901. IMMEDIATE INTERNATIONAL PASSENGER PRESCREENING PILOT PROGRAM.

    (a) Pilot Program.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
initiate a pilot program to evaluate the use of automated systems for 
the immediate prescreening of passengers on flights in foreign air 
transportation, as defined by section 40102 of title 49, United States 
Code, that are bound for the United States.
    (b) Requirements.--At a minimum, with respect to a passenger on a 
flight described in subsection (a) operated by an air carrier or 
foreign air carrier, the automated systems evaluated under the pilot 
program shall--
            (1) compare the passenger's information against the 
        integrated and consolidated terrorist watchlist maintained by 
        the Federal Government and provide the results of the 
        comparison to the air carrier or foreign air carrier before the 
        passenger is permitted to board the flight;
            (2) provide functions similar to the advanced passenger 
        information system established under section 431 of the Tariff 
        Act of 1930 (19 U.S.C. 1431); and
            (3) make use of machine-readable data elements on passports 
        and other travel and entry documents in a manner consistent 
        with international standards.
    (c) Operation.--The pilot program shall be conducted--
            (1) in not fewer than 2 foreign airports; and
            (2) in collaboration with not fewer than one air carrier at 
        each airport participating in the pilot program.
    (d) Evaluation of Automated Systems.--In conducting the pilot 
program, the Secretary shall evaluate not more than 3 automated 
systems. One or more of such systems shall be commercially available 
and currently in use to prescreen passengers.
    (e) Privacy Protection.--The Secretary shall ensure that the 
passenger data is collected under the pilot program in a manner 
consistent with the standards established under section 552a of title 
5, United States Code.
    (f) Duration.--The Secretary shall conduct the pilot program for 
not fewer than 90 days.
    (g) Passenger Defined.--In this section, the term ``passenger'' 
includes members of the flight crew.
    (h) Report.--Not later than 30 days after the date of completion of 
the pilot program, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report containing 
the following:
            (1) An assessment of the technical performance of each of 
        the tested systems, including the system's accuracy, 
        scalability, and effectiveness with respect to measurable 
        factors, including, at a minimum, passenger throughput, the 
        rate of flight diversions, and the rate of false negatives and 
        positives.
            (2) A description of the provisions of each tested system 
        to protect the civil liberties and privacy rights of 
        passengers, as well as a description of the adequacy of an 
        immediate redress or appeals process for passengers denied 
        authorization to travel.
            (3) Cost projections for implementation of each tested 
        system, including--
                    (A) projected costs to the Department of Homeland 
                Security; and
                    (B) projected costs of compliance to air carriers 
                operating flights described in subsection (a).
            (4) A determination as to which tested system is the best-
        performing and most efficient system to ensure immediate 
        prescreening of international passengers. Such determination 
        shall be made after consultation with individuals in the 
        private sector having expertise in airline industry, travel, 
        tourism, privacy, national security, and computer security 
        issues.
            (5) A plan to fully deploy the best-performing and most 
        efficient system tested by not later than January 1, 2009.

               TITLE X--SECURITY AND FAIRNESS ENHANCEMENT

SEC. 1001. SHORT TITLE.

    This title may be cited as--
            (1) the ``Security and Fairness Enhancement for America Act 
        of 2007''; or
            (2) the ``SAFE for America Act''.

SEC. 1002. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

             TITLE XI--OATH OF RENUNCIATION AND ALLEGIANCE

SEC. 1101. OATH OF RENUNCIATION AND ALLEGIANCE.

    (a) In General.--Section 337(a) of the Immigration and Nationality 
Act (8 U.S.C. 1448(a)) is amended by inserting after the fourth 
sentence the following: ``The oath referred to in this section shall be 
the oath provided for in paragraph (a) or (b) of section 337.1 of title 
8, Code of Federal Regulations, as in effect on April 1, 2005.''.
    (b) Notice to Foreign Embassies.--Upon the naturalization of a new 
citizen, the Secretary of Homeland Security, 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--
            (1) renounced allegiance to that foreign country; and
            (2) sworn allegiance to the United States.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 6 months after the date of the 
enactment of this Act.

 TITLE XII--ELIMINATION OF CORRUPTION AND PREVENTION OF ACQUISITION OF 
                   IMMIGRATION BENEFITS THROUGH FRAUD

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Taking Action to Keep Employees 
Accountable in Immigration Matters Act of 2007'' or the ``TAKE AIM Act 
of 2007''.

SEC. 1202. FINDINGS.

    Congress finds the following:
            (1) The mission of United States Citizenship and 
        Immigration Services (USCIS) is to faithfully execute the 
        immigration laws enacted by Congress and to ensure that only 
        those aliens who are eligible under such laws and who do not 
        pose a risk to the United States or its citizens or lawful 
        residents are able to obtain permission to remain in the United 
        States.
            (2) Only United States citizens have an absolute right to 
        be in the United States; for all others, permission to enter 
        and reside here, either as nonimmigrants or immigrants, is a 
        privilege that is conditioned on following the rules of one's 
        admission and stay.
            (3) It is important that United States Citizenship and 
        Immigration Services, like all other Federal agencies that come 
        into close contact with the public their customers.
            (4) Immigration benefits fraud has become endemic. It 
        undermines the rule of law and threatens national security, and 
        so must be addressed aggressively and consistently.
            (5) Internal corruption also threatens national security 
        and erodes the integrity of the immigration system. In order to 
        restore integrity and credibility to the system, the backlog of 
        complaints against United States Citizenship and Immigration 
        Services employees must be cleared by experienced investigators 
        as expeditiously as possible without compromising the quality 
        of investigations.
            (6) In separating customs and border protection and 
        immigration and customs enforcement from United States 
        Citizenship and Immigration Services, Congress did not intend 
        to wholly eliminate all law enforcement functions within the 
        latter, nor is it possible for United States citizenship and 
        immigration services to achieve its mission without a law 
        enforcement function. the attempt to do so has produced the 
        current abysmal results. Thus, it is imperative that United 
        States Citizenship and Immigration Services embrace the 
        critical law enforcement function especially the internal audit 
        function.

SEC. 1203. STRUCTURE OF THE OFFICE OF SECURITY AND INVESTIGATIONS.

    The Director of the Office of Security and Investigations shall 
report directly to the Director of United States Citizenship and 
Immigration Services.

SEC. 1204. AUTHORITY OF THE OFFICE OF SECURITY AND INVESTIGATIONS TO 
              INVESTIGATE INTERNAL CORRUPTION.

    (a) Authority.--In addition to the authority otherwise provided by 
this title, the Director of the Office of Security and Investigations, 
in carrying out the duties of the Office, has sole authority--
            (1) to receive, process, dispose of administratively, and 
        investigate any criminal or noncriminal violations of the 
        Immigration and Nationality Act or title 18, United States 
        Code, that are alleged to have been committed by any officer, 
        agent, employee, or contract worker of United States 
        Citizenship and Immigration Services, and that are referred to 
        United States Citizenship and Immigration Services by the 
        Office of the Inspector General of the Department of Homeland 
        Security;
            (2) to ensure that all complaints alleging such violations 
        are handled and stored in the same manner as sensitive but 
        unclassified materials;
            (3) to have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other material 
        available to United States Citizenship and Immigration Services 
        which relate to programs and operations with respect to which 
        the Director has responsibilities under this title;
            (4) to request such information or assistance as may be 
        necessary for carrying out the duties and responsibilities of 
        the Office from any Federal, State, or local governmental 
        agency or unit thereof;
            (5) to require by subpoena the production of all 
        information, documents, reports, answers, records, accounts, 
        papers, and other data and documentary evidence necessary in 
        the performance of the functions assigned to the Office of 
        Security and Investigations, which subpoena, in the case of 
        contumacy or refusal to obey, shall be enforceable by order of 
        any appropriate United States district court (except that 
        procedures other than subpoenas shall be used by the Director 
        to obtain documents and information from Federal agencies);
            (6) to administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary in the 
        performance of the functions assigned to the Office of Security 
        and Investigations, which oath, affirmation, or affidavit when 
        administered or taken by or before an agent of the Office of 
        Security and Investigations designated by the Director shall 
        have the same force and effect as if administered or taken by 
        or before an officer having a seal;
            (7) to have direct and prompt access to the head of United 
        States Citizenship and Immigration Services when necessary for 
        any purpose pertaining to the performance of functions and 
        responsibilities of the Office of Security and Investigations;
            (8) to select, appoint, and employ such officers and 
        employees as may be necessary for carrying out the functions, 
        powers, and duties of the Office of Security and Investigations 
        subject to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        such title relating to classification and General Schedule pay 
        rates;
            (9) to obtain services as authorized by section 3109 of 
        title 5, United States Code, at daily rates not to exceed the 
        equivalent rate prescribed for grade GS-15 of the General 
        Schedule by section 5332 of title 5, United States Code; and
            (10) to the extent and in such amounts as may be provided 
        in advance by immigration fee accounts or appropriations Acts, 
        to enter into contracts and other arrangements for audits, 
        studies, analyses, and other services with public agencies and 
        with private persons, and to make such payments as may be 
        necessary to carry out the provisions of this title.
    (b)(1) Upon request of the Director for information or assistance 
under subsection (a)(4), the head of any Federal agency involved shall, 
insofar as is practicable and not in contravention of any existing 
statutory restriction or regulation of the Federal agency from which 
the information is requested, furnish to such Director, or to an 
authorized designee, such information or assistance.
    (2) Whenever information or assistance requested under subsection 
(a)(3) or (a)(4) is, in the judgment of the Director, unreasonably 
refused or not provided, the Director shall report the circumstances to 
the Director of United States Citizenship and Immigration Services 
without delay.
    (c) The Director of United States Citizenship and Immigration 
Services shall provide the Office of Security and Investigations with 
appropriate and adequate office space at central and field office 
locations of United States Citizenship and Immigration Services, 
together with such equipment, office supplies, and communications 
facilities and services as may be necessary for the operation of such 
offices, and shall provide necessary maintenance services for such 
offices and the equipment and facilities located therein.
    (d)(1) In addition to the authority otherwise provided by this 
title, the Director, the Deputy Director, the Assistant Director of 
Security Operations, the Assistant Director of Special Investigations, 
all 1811-series criminal investigators, certain 1801-series 
investigative management specialists, and security specialists 
supervised by such assistant directors may be authorized by the 
Secretary of Homeland Security to--
            (A) carry a firearm while engaged in official duties as 
        authorized under this title or other statute, or as expressly 
        authorized by the Secretary;
            (B) make an arrest without a warrant while engaged in 
        official duties as authorized under this title or other 
        statute, or as expressly authorized by the Secretary, for any 
        offense against the United States committed in the presence of 
        such Director, Assistant Director, or designee, or for any 
        felony cognizable under the laws of the United States if such 
        Director, Assistant Director, or designee has reasonable 
        grounds to believe that the person to be arrested has committed 
        or is committing such felony; and
            (C) seek and execute warrants for arrest, search of a 
        premises, or seizure of evidence issued under the authority of 
        the United States upon probable cause to believe that a 
        violation has been committed.
    (2) The Secretary shall promulgate, and revise as appropriate, 
guidelines which shall govern the exercise of the law enforcement 
powers established under paragraph (1).
    (3)(A) Powers authorized for the Director under paragraph (1) may 
be rescinded or suspended upon a determination by the Secretary that 
the exercise of authorized powers by that Director has not complied 
with the guidelines promulgated by the Secretary under paragraph (2).
    (B) Powers authorized to be exercised by any individual under 
paragraph (1) may be rescinded or suspended with respect to that 
individual upon a determination by the Secretary that such individual 
has not complied with guidelines promulgated by the Secretary under 
paragraph (2).
    (4) A determination by the Secretary under paragraph (3) shall not 
be reviewable in or by any court.
    (5) No provision of this subsection shall limit the exercise of law 
enforcement powers established under any other statutory authority.

SEC. 1205. AUTHORITY OF THE OFFICE OF SECURITY AND INVESTIGATIONS TO 
              DETECT AND INVESTIGATE IMMIGRATION BENEFITS FRAUD.

    The Office of Security and Investigations of United States 
Citizenship and Immigration Services shall have authority--
            (1) to conduct fraud detection operations, including data 
        mining and analysis;
            (2) to investigate any criminal or noncriminal allegations 
        of violations of the Immigration and Nationality Act or title 
        18, United States Code, that Immigration and Customs 
        Enforcement declines to investigate;
            (3) to turn over to a United States Attorney for 
        prosecution evidence that tends to establish such violations; 
        and
            (4) to engage in information sharing, partnerships, and 
        other collaborative efforts with any--
                    (A) Federal, State, or local law enforcement 
                entity;
                    (B) foreign partners; or
                    (C) entity within the intelligence community (as 
                defined in section 3(4) of the National Security Act of 
                1947 (50 U.S.C. 401a(4)).

SEC. 1206. INCREASE IN FULL-TIME OFFICE OF SECURITY AND INVESTIGATIONS 
              PERSONNEL.

    (a) Increase in GS-1811 Series Criminal Investigators.--(1) In each 
of fiscal years 2009 through 2012, the Director of the Office of 
Security and Investigations shall, subject to the availability of 
security fees described in section 910 of this title, increase by not 
less than 100 the number of full-time, active-duty GS-1811 series 
criminal Discussion draft 10 investigators, along with support 
personnel and equipment, within the Office of Security and 
Investigations above the number of such positions for which funds were 
made available during the preceding fiscal year.
    (2) Division of duties.--
                    (A) Internal affairs.--No fewer than one-third of 
                the criminal investigators, and support personnel, 
                hired under paragraph (1) shall be assigned to 
                investigate allegations described in paragraph (1) of 
                section 904(a) of this title;
                    (B) Benefits fraud.--The remaining criminal 
                investigators, and support personnel, hired under 
                paragraph (1) shall be assigned to investigate 
                allegations described in section 905 of this title.
    (b) Increase in GS-1801 Series Investigation and Compliance 
Officers.--(1) Subject to the availability of security fees described 
in section 910 of this title, the Director of the Office of Security 
and Investigations shall by fiscal year 2008 increase by not less than 
150 the number of full-time, active-duty GS-1801 series investigation 
and compliance officers, along with support personnel and equipment, 
within the Office of Security and Investigations above the number of 
such positions for which funds were made available during fiscal year 
2006.
    (2) Division of duties.--
                    (A) Internal affairs.--No fewer than one-third of 
                the investigation and compliance officers, and support 
                personnel, hired under paragraph (1) shall be assigned 
                to investigate allegations described in paragraph (1) 
                of section 904(a) of this title;
                    (B) Benefits fraud.--The remaining investigation 
                and compliance officers, and support personnel, hired 
                under paragraph (1) shall be assigned to investigate 
                allegations described in section 905 of this title.
    (c) Increase in GS-0132 Series Intelligence Research Specialists.--
(1) Subject to the availability of security fees described in section 
910 of this title, the Director of the Office of Security and 
Investigations shall by fiscal year 2010 increase by not less than 150 
the number of full-time, active-duty GS-0132 series intelligence 
research specialists, along with support personnel and equipment, 
within the Office of Security and Investigations above the number of 
such positions for which funds were made available during fiscal year 
2006.
    (2) Division of duties.--
                    (A) Internal affairs.--No fewer than one-third of 
                the investigation and compliance officers, and support 
                personnel, hired under paragraph (1) shall be assigned 
                to investigate allegations described in paragraph (1) 
                of section 904(a) of this title;
                    (B) Benefits fraud.--The remaining investigation 
                and compliance officers, and support personnel, hired 
                under paragraph (1) shall be assigned to investigate 
                allegations described in section 905 of this title.

SEC. 1207. ANNUAL REPORT.

    The Director of the Office of Security and Investigations shall 
annually submit to Congress a report detailing the activities of the 
Office. The report shall include data on the following:
            (1) The number of investigations the Office of Security and 
        Investigations began, completed, and turned over to a United 
        States Attorney for prosecution during the past 12 months.
            (2) The types of allegations investigated by the Office of 
        Security and Investigations during the past 12 months, 
        including both the allegations of misconduct by employees of 
        United States Citizenship and Immigration Services and 
        allegations of immigration benefits fraud.
            (3) The disposition of all investigations conducted by the 
        Office of Security and Investigations during the past 12 
        months.
            (4) The number, if any, of allegations pending at the end 
        of the 12-month period according to the type of allegation, the 
        grade level of the employee, if applicable, along with an 
        assessment of the resources the Office of Security and 
        Investigations would need, if any, to remain current with new 
        allegations received.

SEC. 1208. INVESTIGATIONS OF FRAUD TO PRECEDE IMMIGRATION BENEFITS 
              GRANT.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following:
    ``(j) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, or any court may not--
            ``(1) grant or order the grant of adjustment of status 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 Attorney General, the Secretary, or any court, 
        until any suspected or alleged fraud relating to the benefit 
        application has been fully investigated and found to be 
        unsubstantiated.''.

SEC. 1209. ELIMINATION OF THE FRAUD DETECTION AND NATIONAL SECURITY 
              OFFICE.

    Not later than 30 days following the date of enactment of this 
title, the Secretary of Homeland Security shall eliminate the Fraud 
Detection and National Security Office of United States Citizenship and 
Immigration Services and transfer all authority of such office to the 
Office of Security and Investigations.

SEC. 1210. SECURITY FEE.

    Section 286(d) of the Immigration and Nationality Act (8 U.S.C. 
1356(d)) is amended by inserting ``(1)'' before ``monies'' and adding 
at the end the following:
    ``(2) In addition to any other fee authorized by law, the Secretary 
of Homeland Security shall charge each alien who files an application 
for adjustment of status or an extension of stay a security fee of $10, 
which shall be made available to the Office of Security and 
Investigations to conduct investigations into allegations of internal 
corruption and benefits fraud.
    ``(3) In addition to any other fee authorized by law, the Secretary 
of State shall charge each alien who files an application for an 
immigrant or nonimmigrant visa a security fee of $10, which shall be 
made available to the Office of Security and Investigations to conduct 
investigations into allegations of internal corruption and benefits 
fraud.
    ``(4) Any fees collected under paragraphs (2) and (3) that are in 
excess of the operating budget of the Office of Security and 
Investigations shall be made available to Immigration and Customs 
Enforcement for the sole purpose of investigating immigration benefits 
fraud referred to it by United States Citizenship and Immigration 
Services.''.

           TITLE XIII--TEMPORARY AGRICULTURAL WORKER PROGRAM

SEC. 1301. ADMISSION OF TEMPORARY H-2A WORKERS.

    (a) Procedure for Admission.--Section 218 of the Immigration and 
Nationality Act (8 U.S.C. 1188) is amended to read as follows:

                 ``admission of temporary h-2a workers

    ``Sec. 218.  (a) Definitions.--In this section:
            ``(1) Area of employment.--The term `area of employment' 
        means the area within normal commuting distance of the worksite 
        or physical location where the work of the H-2A worker is or 
        will be performed. If such work site or location is within a 
        Metropolitan Statistical Area, any place within such area shall 
        be considered to be within the area of employment.
            ``(2) Displace.--The term `displace' means to lay off a 
        worker from a job that is essentially equivalent to the job for 
        which an H-2A worker is sought. A job shall not be considered 
        to be `essentially equivalent' to another job unless the job--
                    ``(A) involves essentially the same 
                responsibilities as such other job;
                    ``(B) was held by a United States worker with 
                substantially equivalent qualifications and experience; 
                and
                    ``(C) is located in the same area of employment as 
                the other job.
            ``(3) Eligible individual.--The term `eligible individual' 
        means an individual who is not an unauthorized alien (as 
        defined in section 274A(h)(3)) with respect to the employment 
        of the individual.
            ``(4) Employer.--The term `employer' means an employer who 
        hires workers to perform agricultural employment.
            ``(5) H-2A worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
            ``(6) Lay off.--
                    ``(A) In general.--The term `lay off'--
                            ``(i) means to cause a 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 (other than a temporary employment 
                        contract entered into in order to evade a 
                        condition described in paragraph (3) or (7) of 
                        subsection (b)); and
                            ``(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 subsection (h)(2), 
                        with either employer described in such 
                        subsection) 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) Construction.--Nothing in this paragraph is 
                intended to limit an employee's rights under a 
                collective bargaining agreement or other employment 
                contract.
            ``(7) Prevailing wage.--The term `prevailing wage' means 
        the wage rate that includes the 51st percentile of employees 
        with similar experience and qualifications in the agricultural 
        occupation in the area of intended employment, calculated using 
        the same methodology used by the Department of Labor to 
        determine prevailing wage for the purpose of the program 
        described in section 101(a)(15)(H)(ii)(b) during 2007, and 
        expressed in terms of the prevailing method of pay for the 
        occupation in the area of intended employment.
            ``(8) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a national of the United States; or
                    ``(B) a person admitted for permanent resident 
                status under section 245 of the Immigration and 
                Nationality Act (8 U.S.C. 1255).
    ``(b) Petition.--An alien may not be admitted as an H-2A worker 
unless an employer has filed with the Secretary of Homeland Security a 
petition attesting to the following:
            ``(1) Temporary work or services.--
                    ``(A) In general.--The employer is seeking to 
                employ a specific number of agricultural workers on a 
                temporary basis and will provide compensation to such 
                workers at a specified wage rate and under specified 
                conditions.
                    ``(B) Definition.--For purposes of this paragraph, 
                a worker is employed on a temporary basis if the 
                employer intends to employ the worker for no longer 
                than 10 months during any contract period.
            ``(2) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (j) to all workers 
        employed in the jobs for which the H-2A worker is sought and to 
        all other temporary workers in the same occupation at the place 
        of employment.
            ``(3) 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 
        of the H-2A worker and during the 30-day period immediately 
        preceding such period of employment in the occupation at the 
        place of employment for which the employer seeks approval to 
        employ H-2A workers.
            ``(4) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment in the 
                        area of intended employment before filing the 
                        attestation; and
                            ``(ii) was unsuccessful in locating a 
                        qualified United States worker for the job 
                        opportunity for which the H-2A worker is 
                        sought.
                    ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places--
                            ``(i) a local job order with the State 
                        workforce agency serving the local area where 
                        the work will be performed, except that nothing 
                        in this clause shall require the employer to 
                        file an interstate job order under section 653 
                        of title 20, Code of Federal Regulations; and
                            ``(ii) a Sunday advertisement in a 
                        newspaper of general circulation in the area of 
                        intended employment.
                    ``(C) Advertisement requirement.--The advertisement 
                requirement under subparagraph (B)(ii) is satisfied if 
                the advertisement--
                            ``(i) names the employer;
                            ``(ii) directs applicants to contact the 
                        employer;
                            ``(iii) provides a description of the 
                        vacancy that is specific enough to apprise 
                        United States workers of the job opportunity 
                        for which certification is sought;
                            ``(iv) describes the geographic area with 
                        enough specificity to apprise applicants of any 
                        travel requirements and where applicants will 
                        likely have to reside to perform the job; and
                            ``(v) states the rate of pay, which shall 
                        not be less than the wage paid for the 
                        occupation in the area of intended employment.
                    ``(D) End of recruitment requirement.--The 
                requirement to recruit United States workers shall 
                terminate on the first day of the contract period that 
                work begins.
            ``(5) Offers to united states workers.--The employer has 
        offered or will offer the job for which the H-2A worker is 
        sought to any eligible United States worker who--
                    ``(A) applies;
                    ``(B) is qualified for the job; and
                    ``(C) will be available at the time and place of 
                need.
            ``(6) Provision of insurance.--If the job for which the H-
        2A worker is sought is not covered by 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 workers' compensation law for comparable employment.
            ``(7) Requirements for placement of h-2a workers with other 
        employers.--A nonimmigrant who is admitted into the United 
        States as an H-2A worker may be transferred to another employer 
        that has certified to the Secretary of Homeland Security that 
        it has filed a petition under this subsection and is in 
        compliance with this section. The Secretary of Homeland 
        Security shall establish a process for the approval and 
        reissuance of visas for such transferred H-2A workers as 
        necessary.
            ``(8) Strike or lockout.--There is not a strike or lockout 
        in the course of a labor dispute which, under regulations 
        promulgated by the Secretary of Labor, precludes the hiring of 
        H-2A workers.
            ``(9) Previous violations.--The employer has not, during 
        the previous two-year period, employed H-2A workers and 
        knowingly violated a material term or condition of approval 
        with respect to the employment of domestic or nonimmigrant 
        workers, as determined by the Secretary of Labor after notice 
        and opportunity for a hearing.
    ``(c) Public Examination.--Not later than 1 working day after the 
date on which a petition under this section is filed, the employer 
shall make a copy of each such petition available for public 
examination, at the employer's principal place of business or worksite.
    ``(d) List.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        maintain a list of the petitions filed under subsection (b), 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2A workers sought, 
                the wage rate, the period of intended employment, and 
                the date of need for each alien.
            ``(2) Availability.--The Secretary of Homeland Security 
        shall, at least monthly, submit a copy of the list described in 
        paragraph (1) to the Secretary of Labor, who shall make the 
        list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) In general.--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 shall file 
        with the Secretary of Homeland Security a petition that 
        includes the attestations described in subsection (b).
            ``(2) Consideration of petitions.--For each petition filed 
        and considered under this subsection--
                    ``(A) the Secretary of Homeland Security may not 
                require such petition to be filed more than 28 days 
                before the first date the employer requires the labor 
                or services of the H-2A worker; and
                    ``(B) unless the Secretary of Homeland Security 
                determines that the petition is incomplete or obviously 
                inaccurate, the Secretary, not later than 7 days after 
                the date on which such petition was filed, shall either 
                approve or reject the petition.
            ``(3) Expedited adjudication.--The Secretary of Homeland 
        Security shall--
                    ``(A) establish a procedure for expedited 
                adjudication of petitions filed under this subsection; 
                and
                    ``(B) not later than 7 working days after such 
                filing, transmit, by fax, cable, or other means 
                assuring expedited delivery, a copy of notice of action 
                on the petition--
                            ``(i) in the case of approved petitions, to 
                        the petitioner, the Secretary of Labor, and to 
                        the appropriate immigration officer at the port 
                        of entry or United States consulate where the 
                        petitioner has indicated that the alien 
                        beneficiary or beneficiaries will apply for a 
                        visa or admission to the United States; and
                            ``(ii) in the case of denied petitions, to 
                        the petitioner, including reasons for the 
                        denial and instructions on how to appeal such 
                        denial.
            ``(4) Petition agreements.--By filing an H-2A petition, a 
        petitioner and each employer consents to allow access to the 
        site where the labor is being performed to the Department of 
        Labor, the Department of Homeland Security, or a State agency 
        for the purpose of investigations to determine compliance with 
        H-2A requirements.
    ``(f) Roles of Agricultural Associations.--
            ``(1) Permitting filing by agricultural associations.--A 
        petition to hire an alien as a temporary agricultural worker 
        may be filed by an association of agricultural employers which 
        use agricultural services.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint or sole employer of temporary 
        agricultural workers, such workers may be transferred among its 
        members to perform agricultural services of a temporary nature 
        for which the petition was approved.
            ``(3) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's petition, the 
                Secretary of Homeland Security shall deny such petition 
                only with respect to that member of the association 
                unless the Secretary of Labor determines that the 
                association or other member participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--
                            ``(i) Joint employer.--If an association 
                        representing agricultural employers as a joint 
                        employer violates any condition for approval 
                        with respect to the association's petition, the 
                        Secretary of Homeland Security shall deny such 
                        petition only with respect to the association 
                        and may not apply the denial to any individual 
                        member of the association, unless the Secretary 
                        of Labor determines that the member 
                        participated in, had knowledge of, or had 
                        reason to know of the violation.
                            ``(ii) Sole employer.--If an association of 
                        agricultural employers approved as a sole 
                        employer violates any condition for approval 
                        with respect to the association's petition, no 
                        individual member of such association may be 
                        the beneficiary of the services of temporary 
                        alien agricultural workers admitted under this 
                        section in the occupation in which such aliens 
                        were employed by the association which was 
                        denied approval during the period such denial 
                        is in force, unless such member employs such 
                        aliens in the occupation in question directly 
                        or through an association which is a joint 
                        employer of such workers with the member.
    ``(g) Expedited Administrative Appeals.--The Secretary of Homeland 
Security shall promulgate regulations to provide for an expedited 
procedure--
            ``(1) for the review of a denial of a petition under this 
        section by the Secretary; or
            ``(2) at the petitioner's request, for a de novo 
        administrative hearing respecting the denial.
    ``(h) Miscellaneous Provisions.--
            ``(1) Endorsement of documents.--The Secretary of Homeland 
        Security shall provide for the endorsement of entry and exit 
        documents of H-2A workers as may be necessary to carry out this 
        section and to provide notice for purposes of section 274A.
            ``(2) Preemption of state laws.--The provisions of 
        subsections (a) and (c) of section 214 and the provisions of 
        this section preempt any State or local law regulating 
        admissibility of nonimmigrant workers.
            ``(3) Fees.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may require, as a condition of approving the 
                petition, the payment of a fee, in accordance with 
                subparagraph (B), to recover the reasonable cost of 
                processing petitions.
                    ``(B) Fee by type of employee.--
                            ``(i) Single employer.--An employer whose 
                        petition for temporary alien agricultural 
                        workers is approved shall, for each approved 
                        petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(ii) Association.--Each employer-member 
                        of a joint employer association whose petition 
                        for H-2A workers is approved shall, for each 
                        such approved petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(iii) Limitation on association fees.--A 
                        joint employer association under clause (ii) 
                        shall not be charged a separate fee.
                    ``(C) Method of payment.--The fees collected under 
                this paragraph shall be paid by check or money order to 
                the Department of Homeland Security. In the case of 
                employers of H-2A workers that are members of a joint 
                employer association petitioning applying on their 
                behalf, the aggregate fees for all employers of H-2A 
                workers under the petition may be paid by 1 check or 
                money order.
            ``(4) Employment verification program.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this paragraph, the Secretary 
                of Homeland Security shall establish a mandatory 
                employment verification program for all employers of H-
                2A workers to verify the eligibility of all individuals 
                hired by each such employer, including those who 
                present an H-2A visa to work in the United States.
                    ``(B) Employer compliance.--Each employer of an H-
                2A worker shall comply with the requirements 
                promulgated by the Secretary of Homeland Security to 
                verify the identity and employment eligibility of all 
                individuals hired.
                    ``(C) Regulations.--In carrying out the program 
                under this paragraph, the Secretary of Homeland 
                Security shall promulgate regulations to require each 
                employer to verify the employment eligibility of each 
                employee hired through--
                            ``(i) a secure Internet site;
                            ``(ii) a machine capable of reading the H-
                        2A visa, which shall serve as the 
                        identification and employment eligibility 
                        document for each H-2A alien; or
                            ``(iii) a toll-free telephone number to 
                        check the accuracy of any social security 
                        number presented to the employer.
    ``(i) Enforcement.--
            ``(1) Investigations and audits.--The Secretary of Labor 
        shall be responsible for conducting investigations and random 
        audits of employer work sites to ensure compliance with the 
        requirements of the H-2A program and all other requirements 
        under this Act. All monetary fines levied against violating 
        employers shall be paid to the Department of Labor and used to 
        enhance the Department of Labor's investigatory and auditing 
        power.
            ``(2) Failure to meet conditions.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        failure to meet a condition of subsection (a), or a material 
        misrepresentation of fact in a petition under subsection (a)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) 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
                    ``(B) the Secretary of Homeland Security may 
                disqualify the employer from the employment of H-2A 
                workers for a period of 1 year.
            ``(3) Penalties for willful failure.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        willful failure to meet a material condition of subsection (a), 
        or a willful misrepresentation of a material fact in a petition 
        under subsection (a)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) 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;
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 2 
                        years;
                            ``(ii) for a second violation, the 
                        Secretary of Homeland Security may disqualify 
                        the employer from the employment of H-2A 
                        workers for a period of 5 years; and
                            ``(iii) for a third violation, the 
                        Secretary of Homeland Security may permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(4) Penalties for displacement of united states 
        workers.--If the Secretary of Labor finds, after notice and 
        opportunity for a hearing, a willful failure to meet a material 
        condition of subsection (a) or a willful misrepresentation of a 
        material fact in a petition under subsection (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 petition under subsection (a) 
        or during the period of 30 days preceding such period of 
        employment--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) 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
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 5 
                        years; and
                            ``(ii) for a second violation, permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(5) Limitations on civil money penalties.--The Secretary 
        of Labor may not impose total civil money penalties with 
        respect to a petition under subsection (b) in excess of 
        $90,000.
    ``(j) Failure To Pay Wages or Required Benefits.--
            ``(1) Assessment.--If the Secretary of Labor finds, after 
        notice and opportunity for a hearing, that the employer has 
        failed to pay the wages, transportation, subsistence 
        reimbursement, or guarantee of employment attested by the 
        employer under subsection (b)(2), 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.
            ``(2) Amount.--The back wages or other required benefits 
        described in paragraph (1)--
                    ``(A) shall be equal to the difference between the 
                amount that should have been paid and the amount that 
                was paid to such worker; and
                    ``(B) shall be distributed to the worker to whom 
                such wages are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of aliens prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers shall offer such workers not less 
                than the same benefits, wages, and working conditions 
                that the employer is offering, intends to offer, or 
                will provide to H-2A workers. 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) Interpretation.--Every interpretation and 
                determination made under this section or under any 
                other law, regulation, or interpretative provision 
                regarding the nature, scope, and timing of the 
                provision of these and any other benefits, wages, and 
                other terms and conditions of employment shall be made 
                so that--
                            ``(i) the services of workers to their 
                        employers and the employment opportunities 
                        afforded to workers by the employers, including 
                        those employment opportunities that require 
                        United States workers or H-2A workers to travel 
                        or relocate in order to accept or perform 
                        employment--
                                    ``(I) mutually benefit such 
                                workers, as well as their families, and 
                                employers; and
                                    ``(II) principally benefit neither 
                                employer nor employee; and
                            ``(ii) employment opportunities within the 
                        United States benefit the United States 
                        economy.
            ``(2) Required wages.--
                    ``(A) In general.--Each employer petitioning for 
                workers under subsection (b) shall pay not less than 
                the greater of--
                            ``(i) the prevailing wage to all workers in 
                        the occupation for which the employer has 
                        petitioned for workers; or
                            ``(ii) the applicable State minimum wage.
                    ``(B) Determination of wages.--An employer seeking 
                to comply with subparagraph (A) may--
                            ``(i) request and obtain a prevailing wage 
                        determination from the State employment agency; 
                        or
                            ``(ii) rely on other wage information, 
                        including a survey of the prevailing wages of 
                        workers in the occupation in the area of 
                        employment that has been conducted or funded by 
                        the employer or a group of employers, using the 
                        methodology used by the Secretary of Labor to 
                        establish Occupational Employment and Wage 
                        estimate, or another methodology approved by 
                        the Secretary of Labor for the purpose of 
                        determining H-2A wages.
                    ``(C) Compliance.--An employer shall be considered 
                to have complied with the requirement under 
                subparagraph (A) if the employer--
                            ``(i)(I) obtains a prevailing wage 
                        determination under subparagraph (C)(i); or
                            ``(II) relies on a qualifying survey of 
                        prevailing wages; and
                            ``(ii) pays such prevailing wage.
            ``(3) Reimbursement of transportation costs.--
                    ``(A) Requirement for reimbursement.--An H-2A 
                worker who completes 50 percent of the period of 
                employment of the job for which the worker was hired, 
                beginning on the first day of such employment, shall be 
                reimbursed by the employer for the cost of the worker's 
                transportation and subsistence from--
                            ``(i) the place from which the H-2A worker 
                        was approved to enter the United States to the 
                        location at which the work for the employer is 
                        performed; or
                            ``(ii) if the H-2A worker traveled from a 
                        place in the United States at which the H-2A 
                        worker was last employed, from such place of 
                        last employment to the location at which the 
                        work for the employer is performed.
                    ``(B) Timing of reimbursement.--Reimbursement to 
                the worker of expenses for the cost of the worker's 
                transportation and subsistence to the place of 
                employment under subparagraph (A) shall be considered 
                timely if such reimbursement is made not later than the 
                worker's first regular payday after a worker completes 
                50 percent of the period of employment of the job 
                opportunity as provided under this paragraph.
                    ``(C) Additional reimbursement.--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 work site to the place where 
                the worker was approved to enter the United States to 
                work for the employer. If the worker has contracted 
                with a subsequent employer, the previous and subsequent 
                employer shall share the cost of the worker's 
                transportation and subsistence from work site to work 
                site.
                    ``(D) Limitation.--
                            ``(i) Amount of reimbursement.--The amount 
                        of reimbursement provided to a worker or alien 
                        under this paragraph shall be equal to 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.
                    ``(E) Reimbursement for laid off workers.--If the 
                worker is laid off or employment is terminated for 
                contract impossibility (as described in paragraph 
                (5)(D)) before the anticipated ending date of 
                employment, the employer shall provide--
                            ``(i) the transportation and subsistence 
                        required under subparagraph (C); and
                            ``(ii) notwithstanding whether the worker 
                        has completed 50 percent of the period of 
                        employment, the transportation reimbursement 
                        required under subparagraph (A).
                    ``(F) Construction.--Nothing in this paragraph 
                shall be construed to require an employer to reimburse 
                visa, passport, consular, or international 
                bordercrossing fees or any other fees associated with 
                the H-2A worker's lawful admission into the United 
                States to perform employment that may be incurred by 
                the worker.
            ``(4) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer 
                        petitioning for workers under subsection (b) 
                        shall guarantee to offer the worker employment 
                        for the hourly equivalent of not less than 75 
                        percent of the work hours during the total 
                        anticipated 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.
                            ``(ii) Failure to meet guarantee.--If the 
                        employer affords the United States worker or 
                        the H-2A worker less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such worker the amount which the 
                        worker would have earned if the worker had 
                        worked for the guaranteed number of hours.
                            ``(iii) Period of employment.--For purposes 
                        of this subparagraph, the term `period of 
                        employment' means the total number of 
                        anticipated work hours and workdays described 
                        in the job offer and shall exclude the worker's 
                        Sabbath and Federal holidays.
                    ``(B) Calculation of hours.--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) Limitation.--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 75 percent guarantee described in 
                subparagraph (A).
                    ``(D) Termination of employment.--
                            ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the job offer, the services of the 
                        worker are no longer required due to any form 
                        of natural disaster, including flood, 
                        hurricane, freeze, earthquake, fire, drought, 
                        plant or animal disease, pest infestation, 
                        regulatory action, or any other reason beyond 
                        the control of the employer before the 
                        employment guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate the 
                        worker's employment.
                            ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause (i), the 
                        employer shall--
                                    ``(I) fulfill the employment 
                                guarantee in subparagraph (A) for the 
                                work days that have elapsed during the 
                                period beginning on the first work day 
                                after the arrival of the worker and 
                                ending on the date on which such 
                                employment is terminated; and
                                    ``(II) make efforts to transfer the 
                                United States worker to other 
                                comparable employment acceptable to the 
                                worker.
    ``(l) Expedited Adjudication by the Secretary.--The Secretary of 
Homeland Security--
            ``(1) shall establish a procedure for expedited 
        adjudication of petitions filed under subsection (e); and
            ``(2) not later than 7 working days after such filing 
        shall, by fax, cable, or other means assuring expedited 
        delivery transmit a copy of notice of action on the petition--
                    ``(A) to the petitioner; and
                    ``(B) 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.
    ``(m) Period of Admission.--
            ``(1) In general.--An H-2A worker shall be admitted for a 
        period of employment, not to exceed 10 months, that includes--
                    ``(A) a period of not more than 7 days prior to the 
                beginning of the period of employment for the purpose 
                of travel to the work site; and
                    ``(B) a period of not more than 14 days following 
                the period of employment for the purpose of departure 
                or extension based on a subsequent offer of employment.
            ``(2) Employment limitation.--An alien may not be employed 
        during the 14-day period described in paragraph (1)(B) except 
        in the employment for which the alien was previously 
        authorized.
            ``(3) Construction.--Nothing in this subsection shall limit 
        the authority of the Secretary of Homeland Security to extend 
        the stay of an alien under any other provision of this Act.
    ``(n) 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--
                    ``(A) shall have failed to maintain nonimmigrant 
                status as an H-2A worker; and
                    ``(B) shall depart the United States or be subject 
                to removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--Not later than 24 hours after 
        the abandonment of employment by an H-2A worker, the employer 
        or association acting as an agent for the employer, shall 
        notify the Secretary of Homeland Security of such abandonment.
            ``(3) Removal.--The Secretary of Homeland Security 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 the alien's employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(o) Replacement of Alien.--
            ``(1) In general.--Upon notification under subsection 
        (p)(2)--
                    ``(A) the Secretary of State shall promptly issue a 
                visa to, and the Secretary of Homeland Security shall 
                admit into the United States, an eligible alien 
                designated by the employer to replace an H-2A worker 
                who abandons or prematurely terminates employment; and
                    ``(B) the Secretary of Homeland Security shall 
                admit such alien into the United States.
            ``(2) Construction.--Nothing in this subsection shall limit 
        any preference for which United States workers are eligible 
        under this Act.
    ``(p) Identification Document.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        provide each authorized H-2A worker with a single machine-
        readable, tamper-resistant, and counterfeit-resistant document 
        that--
                    ``(A) authorizes the alien's entry into the United 
                States;
                    ``(B) serves, for the appropriate period, as an 
                employment eligibility document; and
                    ``(C) verifies the identity of the alien.
            ``(2) Form.--
                    ``(A) The document shall be--
                            ``(i) in a form that is resistant to 
                        counterfeiting and to tampering; and
                            ``(ii) compatible with--
                                    ``(I) other databases of the 
                                Secretary of Homeland Security for the 
                                purpose of excluding an alien from 
                                benefits for which an alien is not 
                                eligible and determining whether the 
                                alien is unlawfully present in the 
                                United States; and
                                    ``(II) law enforcement databases 
                                for the purpose of determining if an 
                                alien has been convicted of criminal 
                                offenses.
                    ``(B) As soon as practicable, the document shall 
                include a biometric identifier. The determination of a 
                biometric identifier to be used for such purposes shall 
                take into account factors such as efficiency, accuracy, 
                the technology available, economic considerations, and 
                storage requirements.
    ``(q) Extension of Stay of H-2A Workers in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2A worker who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (p) shall request an extension of the 
        alien's stay and, if applicable, a change in the alien's 
        employment.
            ``(2) Limitation on filing petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay for a period of more than 10 months.
            ``(3) Work authorization upon filing petition for extension 
        of stay.--
                    ``(A) In general.--An alien who is lawfully present 
                in the United States on the date of the filing of a 
                petition to extend the stay of the alien may commence 
                or continue the employment described in a petition 
                under paragraph (1). The employer shall provide a copy 
                of the employer's petition for extension of stay to the 
                alien. The alien 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.
                    ``(B) Employment eligibility document.--Upon 
                approval of a petition for an extension of stay or 
                change in the alien's authorized employment, the 
                Secretary of Homeland Security 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.
                    ``(C) File defined.--In this paragraph, the term 
                `file' means sending the petition by certified mail via 
                the United States Postal Service, return receipt 
                requested, or delivering by guaranteed commercial 
                delivery which will provide the employer with a 
                documented acknowledgment of the date of receipt of the 
                petition for an extension of stay.
            ``(4) 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 20 months.
                    ``(B) Requirement to remains 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 Stats 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.
    ``(r) Trust Fund To Assure Worker Return.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of providing a monetary 
        incentive for H-2A nonimmigrants to return to their country of 
        origin upon expiration of their visas.
            ``(2) Withholding of wages; payment into the trust fund.--
        Employers of H-2A nonimmigrants shall withhold from the wages 
        of workers an amount equivalent to 25 percent of the wages of 
        each worker and pay such withheld amount into the Trust Fund in 
        accordance with paragraph (3). Amounts withheld under the 
        preceding sentence shall be maintained in such interest bearing 
        account with such a financial institution as the Secretary of 
        Homeland Security shall specify.
            ``(3) Distribution of funds.--Amounts paid into the Trust 
        Fund on behalf of an H-2A nonimmigrant, and held pursuant to 
        paragraph (2)(A)(i) and interest earned thereon, shall be paid 
        by the Secretary of State to the worker if--
                    ``(A) the worker applies to the Secretary of State 
                (or the designee of such Secretary) for payment within 
                30 days of the expiration of the alien's last 
                authorized stay in the United States as an H-2A 
                nonimmigrant at a United States embassy or consulate in 
                the worker's home country;
                    ``(B) in such application the worker establishes 
                that the worker has complied with the terms and 
                conditions of the H-2A program; and
                    ``(C) in connection with the application, the 
                worker tenders the identification and employment 
                authorization card issued to the worker pursuant to 
                subsection (p) and establishes that the worker is 
                identified as the person to whom the card was issued 
                based on the biometric identification information 
                contained on the card.
            ``(4) Administrative expenses.--The amounts paid into the 
        Trust Fund and held pursuant to paragraph (2)(A)(ii), and 
        interest earned thereon, shall be paid to the Secretary of 
        State, the Secretary of Labor, and the Secretary of Homeland 
        Security in amounts equivalent to the expenses incurred by such 
        officials in the administration of the H-2A program.
    ``(s) Investment of Trust Fund.--
            ``(1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest such portion of the Trust Fund as is 
        not, in the Secretary's judgment, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States or in obligations 
        guaranteed as to both principal and interest by the United 
        States. For such purpose, such obligations may be acquired--
                    ``(A) on original issue at the price; or
                    ``(B) by purchase of outstanding obligations at the 
                market price.
        The purposes for which obligations of the United States may be 
        issued under chapter 31 of title 31, United States Code, are 
        hereby extended to authorize the issuance at par of special 
        obligations exclusively to the Trust Fund. Such special 
        obligations shall bear interest at a rate equal to the average 
        rate of interest, computed as to the end of the calendar month 
        next preceding the date of such issue, borne by all marketable 
        interest-bearing obligations of the United States then forming 
        a part of the public debt, except that where such average rate 
        is not a multiple of one-eighth of 1 percent next lower than 
        such average rate. Such special obligations shall be issued 
        only if the Secretary of the Treasury determines that the 
        purchase of other interest-bearing obligations of the United 
        States, or of obligations guaranteed as to both principal and 
        interest by the United States on original issue or at the 
        market price, is not in the public interest.
            ``(2) Sale of obligation.--Any obligation acquired by the 
        Trust Fund (except special obligations issued exclusively to 
        the Trust Fund) may be sold by the Secretary of the Treasury at 
        the market price, and such special obligations may be redeemed 
        at par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Trust Fund shall be credited to and form a part of the 
        Trust Fund.
            ``(4) Report to congress.--It shall be the duty of the 
        Secretary of the Treasury to hold the Trust Fund, and (after 
        consultation with the Secretary of Homeland Security) to report 
        to the Congress each year on the financial condition and the 
        results of the operations of the Trust Fund during the 
        preceding fiscal year and on its expected condition and 
        operations during the next fiscal year. Such report shall be 
        printed as both a House and a Senate document of the session of 
        the Congress to which the report is made.
    ``(t) Special Rule for Aliens Employed as Sheepherders, 
Goatherders, or Dairy Workers.--Notwithstanding any other provision of 
this section, an alien admitted under section 101(a)(15)(H)(ii)(a) for 
employment as a sheepherder, goatherder, or dairy worker--
            ``(1) may be admitted for a period of 12 months; and
            ``(2) shall not be subject to the requirements of 
        subsection (r)(4)(B).''.
    (b) Prohibition on Family Members.--Section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``him;'' at the end and inserting ``him, except that no spouse 
or child may be admitted under clause (ii)(a);''.
    (c) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations, in accordance with the notice and comment 
provisions of section 553 of title 5, United States Code, to provide 
for the uniform procedures for the issuance of visas to nonimmigrants 
described in section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) by visa-issuing United 
States consulates and consular officers.
    (d) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 
amended by striking ``of a temporary or seasonal nature'' and inserting 
``and with respect to whom the intending employer or association has 
filed with the Secretary a petition under section 218(a)''.

SEC. 1302. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES CORPORATION.

    (a) In General.--Section 305 of the Immigrant Reform and Control 
Act of 1986 (8 U.S.C. 1101 note) is amended--
            (1) by striking ``A nonimmigrant'' and inserting ``(a) In 
        General.--A nonimmigrant''; and
            (2) by adding at the end the following:
    ``(b) Legal Assistance.--The Legal Services Corporation may not 
provide legal assistance for or on behalf of any alien, and may not 
provide financial assistance to any person or entity that provides 
legal assistance for or on behalf of any alien, unless the alien--
            ``(1) is present in the United States at the time the legal 
        assistance is provided; and
            ``(2) is an alien to whom subsection (a) applies.''.
    (b) Mediation.--Section 305 of the Immigrant Reform and Control Act 
of 1986 (8 U.S.C. 1101 note), as amended by subsection (a), is further 
amended by adding at the end the following:
    ``(c) Required Mediation.--The Legal Services Corporation may not 
bring a civil action for damages on behalf of a nonimmigrant described 
in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(a)), unless at least 90 days prior to 
bringing the action a request has been made to the Federal Mediation 
and Conciliation Service to assist the parties in reaching a 
satisfactory resolution of all issues involving all parties to the 
dispute and mediation has been attempted.''.
    (c) Condition for Entry Onto Property for Legal Services 
Corporation Representation.--Section 305 of the Immigrant Reform and 
Control Act of 1986 (8 U.S.C. 1101 note), as amended by subsection (b), 
is further amended by adding at the end the following:
    ``(d) Condition for Entry Onto Employer's Property for Legal 
Services Corporation Representation.--No employer of a nonimmigrant 
having 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)) shall be required to 
permit any recipient of a grant or contract under section 1007 of the 
Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of 
such a recipient, to enter upon the employer's property, unless such 
recipient or employee has a pre-arranged appointment with a specific 
nonimmigrant having such status.''.

SEC. 1303. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date 
that is 180 days after the date of the enactment of this Act and shall 
apply to petitions approved after such date.

                        TITLE XIV--MISCELLANEOUS

SEC. 1401. PREVENTION OF CONGRESSIONAL REAPPORTIONMENT DISTORTIONS.

    (a) Findings.--Congress finds that--
            (1) in recent years, millions of aliens have entered the 
        United States in violation of immigration laws and are now 
        residing illegally in the United States and are subject to 
        deportation;
            (2) the established policy of the Bureau of the Census is 
        to make a concerted effort to count the foreign born population 
        within the United States without making a separate computation 
        for illegal aliens; and
            (3) by including the millions of illegal aliens in the 
        reapportionment base for the House of Representatives, many 
        States will lose congressional representation which such States 
        would not have otherwise lost, thereby violating the 
        constitutional principle of ``one man, one vote''.
    (b) Adjustments To Prevent Distortions.--Section 141 of title 13, 
United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) The Secretary shall make such adjustments in total population 
figures as may be necessary, using such methods and procedures as the 
Secretary determines feasible and appropriate, in order that aliens who 
are in the United States in violation of the immigration laws of the 
United States are not counted in tabulating total population by States 
under subsection (a) for purposes of apportionment of Representatives 
in Congress among the several States. Nothing in this subsection shall 
be construed to supersede section 195.''.
    (c) Conforming Amendment.--Section 22(a) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a(a)) is amended by striking ``as ascertained 
under the seventeenth and each subsequent decennial census of the 
population'' and inserting ``as ascertained and reported under section 
141 of title 13, United States Code, for each decennial census of 
population''.

SEC. 1402. INCREASE IN H-1B VISA NUMBERS.

    (a) Increase.--Section 214(g)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended to read as follows:
            ``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
                    ``(i) 65,000 in each fiscal year before fiscal year 
                1999;
                    ``(ii) 115,000 in fiscal years 1999 and 2000;
                    ``(iii) 195,000 in fiscal years 2001 through 2003;
                    ``(iv) 65,000 in fiscal years 2004 through 2007; 
                and
                    ``(v) 130,000 in each succeeding fiscal year, 
                except as provided in paragraph (7)(B); and''.
    (b) Recapture of Unused H-1B Nonimmigrant Visas.--Section 214(g)(7) 
of such Act (8 U.S.C. 1184(g)(7)) is amended--
            (1) by striking ``(7)'' and inserting ``(7)(A)''; and
            (2) by adding at the end the following:
    ``(B) Beginning in fiscal year 2009, the number of aliens who may 
be issued visas or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) during any fiscal year shall be increased by the 
difference between 130,000 and the number of aliens who actually were 
provided such status during the preceding fiscal year. The preceding 
sentence shall not cause the number of aliens who may be issued visas 
or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) during any fiscal year to exceed 195,000, but any 
recaptured unused numbers that are not available by reason of this 
limitation during any fiscal year shall be available for use in future 
years.''.
                                 <all>