    [Congressional Bills 110th Congress]
    [From the U.S. Government Publishing Office]
    [S. 1348 Placed on Calendar Senate (PCS)]

                                                           Calendar No. 144
    110th CONGRESS
      1st Session
                                    S. 1348

    To provide for comprehensive immigration reform and for other purposes.

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                                  May 9, 2007

     Mr. Reid (for himself, Mr. Leahy, Mr. Kennedy, Mr. Menendez, and Mr.
     Salazar) introduced the following bill; which was read the first time

                                  May 10, 2007

                Read the second time and placed on the calendar

    _______________________________________________________________________

                                     A BILL

    To provide for comprehensive immigration reform and for other purposes.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Comprehensive
    Immigration Reform Act of 2007''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Reference to the Immigration and Nationality Act.
    Sec. 3. Definitions.
    Sec. 4. Severability.
                          TITLE I--BORDER ENFORCEMENT

            Subtitle A--Assets for Controlling United States Borders

    Sec. 101. Enforcement personnel.
    Sec. 102. Technological assets.
    Sec. 103. Infrastructure.
    Sec. 104. Border Patrol checkpoints.
    Sec. 105. Ports of entry.
    Sec. 106. Construction of strategic border fencing and vehicle
                                barriers.
           Subtitle B--Border Security Plans, Strategies, and Reports

    Sec. 111. Surveillance plan.
    Sec. 112. National Strategy for Border Security.
    Sec. 113. Reports on improving the exchange of information on North
                                American security.
    Sec. 114. Improving the security of Mexico's southern border.
    Sec. 115. Combating human smuggling.
    Sec. 116. Deaths at United States-Mexico border.
    Sec. 117. Cooperation with the Government of Mexico.
                 Subtitle C--Other Border Security Initiatives

    Sec. 121. Biometric data enhancements.
    Sec. 122. Secure communication.
    Sec. 123. Border Patrol training capacity review.
    Sec. 124. US-VISIT System.
    Sec. 125. Document fraud detection.
    Sec. 126. Improved document integrity.
    Sec. 127. Cancellation of visas.
    Sec. 128. Biometric entry-exit system.
    Sec. 129. Border study.
    Sec. 130. Secure Border Initiative financial accountability.
    Sec. 131. Mandatory detention for aliens apprehended at or between
                                ports of entry.
    Sec. 132. Evasion of inspection or violation of arrival, reporting,
                                entry, or clearance requirements.
    Sec. 133. Temporary National Guard support for securing the southern
                                land border of the United States.
    Sec. 134. Report on incentives to encourage certain members and former
                                members of the Armed Forces to serve in
                                United States Customs and Border
                                Protection.
    Sec. 135. Western Hemisphere Travel Initiative.
                 Subtitle D--Border Law Enforcement Relief Act

    Sec. 141. Short title.
    Sec. 142. Findings.
    Sec. 143. Border relief grant program.
    Sec. 144. Enforcement of Federal immigration law.
                      Subtitle E--Rapid Response Measures

    Sec. 151. Deployment of Border Patrol agents.
    Sec. 152. Border Patrol major assets.
    Sec. 153. Electronic equipment.
    Sec. 154. Personal equipment.
    Sec. 155. Authorization of appropriations.
                         TITLE II--INTERIOR ENFORCEMENT

    Sec. 201. Removal and denial of benefits to terrorist aliens.
    Sec. 202. Detention and removal of aliens ordered removed.
    Sec. 203. Aggravated felony.
    Sec. 204. Terrorist bars.
    Sec. 205. Increased criminal penalties related to gang violence,
                                removal, and alien smuggling.
    Sec. 206. Illegal entry.
    Sec. 207. Illegal reentry.
    Sec. 208. Reform of passport, visa, and Immigration fraud offenses.
    Sec. 209. Inadmissibility and removal for passport and immigration
                                fraud offenses.
    Sec. 210. Incarceration of criminal aliens.
    Sec. 211. Encouraging aliens to depart voluntarily.
    Sec. 212. Deterring aliens ordered removed from remaining in the United
                                States unlawfully.
    Sec. 213. Prohibition of the sale of firearms to, or the possession of
                                firearms by certain aliens.
    Sec. 214. Uniform statute of limitations for certain immigration,
                                naturalization, and peonage offenses.
    Sec. 215. Diplomatic Security Service.
    Sec. 216. Field agent allocation and background checks.
    Sec. 217. Construction.
    Sec. 218. State Criminal Alien Assistance Program.
    Sec. 219. Transportation and processing of illegal aliens apprehended
                                by State and local law enforcement
                                officers.
    Sec. 220. Reducing illegal immigration and alien smuggling on tribal
                                lands.
    Sec. 221. Alternatives to detention.
    Sec. 222. Conforming amendment.
    Sec. 223. Reporting requirements.
    Sec. 224. State and local enforcement of Federal immigration laws.
    Sec. 225. Removal of drunk drivers.
    Sec. 226. Medical services in underserved areas.
    Sec. 227. Expedited removal.
    Sec. 228. Protecting immigrants from convicted sex offenders.
    Sec. 229. Law enforcement authority of States and political
                                subdivisions and transfer to Federal
                                custody.
    Sec. 230. Laundering of monetary instruments.
    Sec. 231. Listing of Immigration violators in the National Crime
                                Information Center database.
    Sec. 232. Cooperative enforcement programs.
    Sec. 233. Increase of Federal detention space and the utilization of
                                facilities identified for closures as a
                                result of the Defense Base Closure
                                Realignment Act of 1990.
    Sec. 234. Determination of immigration status of individuals charged
                                with Federal offenses.
    Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.
                    TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

    Sec. 301. Unlawful employment of aliens.
    Sec. 302. Employer Compliance Fund.
    Sec. 303. Additional worksite enforcement and fraud detection agents.
    Sec. 304. Clarification of ineligibility for misrepresentation.
    Sec. 305. Antidiscrimination protections.
                TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                      Subtitle A--Temporary Guest Workers

    Sec. 401. Immigration impact study.
    Sec. 402. Nonimmigrant temporary worker.
    Sec. 403. Admission of nonimmigrant temporary guest workers.
    Sec. 404. Employer obligations.
    Sec. 405. Alien employment management system.
    Sec. 406. Rulemaking; effective date.
    Sec. 407. Recruitment of United States workers.
    Sec. 408. Temporary Guest Worker Visa Program Task Force.
    Sec. 409. Requirements for participating countries.
    Sec. 410. S visas.
    Sec. 411. L visa limitations.
    Sec. 412. Compliance investigators.
    Sec. 413. Visa waiver program expansion.
    Sec. 414. Authorization of appropriations.
                   Subtitle B--Immigration Injunction Reform

    Sec. 421. Short title.
    Sec. 422. Appropriate remedies for immigration legislation.
    Sec. 423. Effective date.
                           TITLE V--BACKLOG REDUCTION

                         Subtitle A--Backlog Reduction

    Sec. 501. Elimination of existing backlogs.
    Sec. 502. Country limits.
    Sec. 503. Allocation of immigrant visas.
    Sec. 504. Relief for minor children and widows.
    Sec. 505. Shortage occupations.
    Sec. 506. Relief for widows and orphans.
    Sec. 507. Student visas.
    Sec. 508. Visas for individuals with advanced degrees.
    Sec. 509. Children of Filipino World War II veterans.
    Sec. 510. Expedited adjudication of employer petitions for aliens of
                                extraordinary artistic ability.
    Sec. 511. Powerline workers.
    Sec. 512. Determinations with respect to children under the Haitian
                                Refugee Immigration Fairness Act of 1998.
                          Subtitle B--SKIL Act of 2007

    Sec. 521. Short title.
    Sec. 522. H-1B visa holders.
    Sec. 523. Market-based visa limits.
    Sec. 524. United States educated immigrants.
    Sec. 525. Student visa reform.
    Sec. 526. L-1 visa holders subject to visa backlog.
    Sec. 527. Retaining workers subject to green card backlog.
    Sec. 528. Streamlining the adjudication process for established
                                employers.
    Sec. 529. Providing premium processing of employment-based visa
                                petitions.
    Sec. 530. Eliminating procedural delays in labor certification process.
    Sec. 531. Completion of background and security checks.
    Sec. 532. Visa revalidation.
    Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina
                                    Victims

    Sec. 541. Short title.
    Sec. 542. Definitions.
    Sec. 543. Special immigrant status.
    Sec. 544. Extension of filing or reentry deadlines.
    Sec. 545. Humanitarian relief for certain surviving spouses and
                                children.
    Sec. 546. Recipient of public benefits.
    Sec. 547. Age-out protection.
    Sec. 548. Employment eligibility verification.
    Sec. 549. Naturalization.
    Sec. 550. Discretionary authority.
    Sec. 551. Evidentiary standards and regulations.
    Sec. 552. Identification documents.
    Sec. 553. Waiver of regulations.
    Sec. 554. Notices of change of address.
    Sec. 555. Foreign students and exchange program participants.
         TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
                                  INDIVIDUALS

      Subtitle A--Access to Earned Adjustment and Mandatory Departure and
                                    Reentry

    Sec. 601. Access to earned adjustment and mandatory departure and
                                reentry.
       Subtitle B--Agricultural Job Opportunities, Benefits, and Security

    Sec. 611. Short title.
    Sec. 612. Definitions.
     Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural
                                    Workers

    Sec. 613. Agricultural workers.
    Sec. 614. Correction of Social Security records.
                    Chapter 2--Reform of H-2A Worker Program

    Sec. 615. Amendment to the Immigration and Nationality Act.
                      Chapter 3--Miscellaneous Provisions

    Sec. 616. Determination and use of user fees.
    Sec. 617. Regulations.
    Sec. 618. Report to Congress.
    Sec. 619. Effective date.
                         Subtitle C--DREAM Act of 2007

    Sec. 621. Short title.
    Sec. 622. Definitions.
    Sec. 623. Restoration of State option to determine residency for
                                purposes of higher education benefits.
    Sec. 624. Cancellation of removal and adjustment of status of certain
                                long-term residents who entered the United
                                States as children.
    Sec. 625. Conditional permanent resident status.
    Sec. 626. Retroactive benefits.
    Sec. 627. Exclusive jurisdiction.
    Sec. 628. Penalties for false statements in application.
    Sec. 629. Confidentiality of information.
    Sec. 630. Expedited processing of applications; prohibition on fees.
    Sec. 631. Higher Education assistance.
    Sec. 632. GAO report.
              Subtitle D--Programs To Assist Nonimmigrant Workers

    Sec. 641. Ineligibility and removal before application period.
    Sec. 642. Grants to support public education and community training.
    Sec. 643. Strengthening American citizenship.
    Sec. 644. Supplemental immigration fee.
    Sec. 645. Addressing poverty in Mexico.
                            TITLE VII--MISCELLANEOUS

                  Subtitle A--Immigration Litigation Reduction

                         Chapter 1--Appeals and Review

    Sec. 701. Additional immigration personnel.
                      Chapter 2--Immigration Review Reform

    Sec. 702. Board of Immigration Appeals.
    Sec. 703. Immigration judges.
    Sec. 704. Removal and review of judges.
    Sec. 705. Legal orientation program.
    Sec. 706. Rulemaking.
    Sec. 707. GAO study on the appellate process for immigration appeals.
    Sec. 708. Senior judge participation in the selection of magistrates.
      Subtitle B--Citizenship Assistance for Members of the Armed Services

    Sec. 711. Short title.
    Sec. 712. Waiver of requirement for fingerprints for members of the
                                Armed Forces.
    Sec. 713. Provision of information on naturalization to members of the
                                Armed Forces.
    Sec. 714. Provision of information on naturalization to the public.
    Sec. 715. Reports.
               Subtitle C--State Court Interpreter Grant Program

    Sec. 721. Short title.
    Sec. 722. Findings.
    Sec. 723. State court interpreter grants.
    Sec. 724. Authorization of appropriations.
         Subtitle D--Border Infrastructure and Technology Modernization

    Sec. 731. Short title.
    Sec. 732. Definitions.
    Sec. 733. Port of Entry Infrastructure Assessment Study.
    Sec. 734. National Land Border Security Plan.
    Sec. 735. Expansion of commerce security programs.
    Sec. 736. Port of entry technology demonstration program.
    Sec. 737. Authorization of appropriations.
                     Subtitle E--Family Humanitarian Relief

    Sec. 741. Short title.
    Sec. 742. Adjustment of status for certain nonimmigrant victims of
                                terrorism.
    Sec. 743. Cancellation of removal for certain immigrant victims of
                                terrorism.
    Sec. 744. Exceptions.
    Sec. 745. Evidence of death.
    Sec. 746. Definitions.
                           Subtitle F--Other Matters

    Sec. 751. Noncitizen membership in the Armed Forces.
    Sec. 752. Surveillance technologies programs.
    Sec. 753. Comprehensive immigration efficiency review.
    Sec. 754. Northern Border Prosecution Initiative.
    Sec. 755. Southwest Border Prosecution Initiative.
    Sec. 756. Grant program to assist eligible applicants.
    Sec. 757. Screening of municipal solid waste.
    Sec. 758. Access to immigration services in areas that are not
                                accessible by road.
    Sec. 759. Border security on certain Federal land.
    Sec. 760. Unmanned aerial vehicles.
    Sec. 761. Relief for widows and orphans.
    Sec. 762. Terrorist activities.
    Sec. 763. Family unity.
    Sec. 764. Travel document plan.
    Sec. 765. English as national language.
    Sec. 766. Requirements for naturalization.
    Sec. 767. Declaration of English.
    Sec. 768. Preserving and enhancing the role of the English language.
    Sec. 769. Exclusion of illegal aliens from congressional apportionment
                                tabulations.
    Sec. 770. Office of Internal Corruption Investigation.
    Sec. 771. Adjustment of status for certain persecuted religious
                                minorities.
    Sec. 772. Eligibility of agricultural and forestry workers for certain
                                legal assistance.
    Sec. 773. Designation of program countries.
    Sec. 774. Global healthcare cooperation.
    Sec. 775. Attestation by healthcare workers.
    Sec. 776. Public access to the Statue of Liberty.
    Sec. 777. National security determination.
                    TITLE VIII--INTERCOUNTRY ADOPTION REFORM

    Sec. 801. Short title.
    Sec. 802. Findings; purposes.
    Sec. 803. Definitions.
              Subtitle A--Administration of Intercountry Adoptions

    Sec. 811. Office of Intercountry Adoptions.
    Sec. 812. Recognition of convention adoptions in the United States.
    Sec. 813. Technical and conforming amendment.
    Sec. 814. Transfer of functions.
    Sec. 815. Transfer of resources.
    Sec. 816. Incidental transfers.
    Sec. 817. Savings provisions.
        Subtitle B--Reform of United States Laws Governing Intercountry
                                   Adoptions

    Sec. 821. Automatic acquisition of citizenship for adopted children
                                born outside the United States.
    Sec. 822. Revised procedures.
    Sec. 823. Nonimmigrant visas for children traveling to the United
                                States to be adopted by a United States
                                citizen.
    Sec. 824. Definition of adoptable child.
    Sec. 825. Approval to adopt.
    Sec. 826. Adjudication of child status.
    Sec. 827. Funds.
                            Subtitle C--Enforcement

    Sec. 831. Civil penalties and enforcement.
    Sec. 832. Criminal penalties.

    SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

        Except as otherwise expressly provided, whenever in this Act an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.).

    SEC. 3. DEFINITIONS.

        In this Act:
                (1) Department.--Except as otherwise provided, the term
            ``Department'' means the Department of Homeland Security.
                (2) Secretary.--Except as otherwise provided, the term
            ``Secretary'' means the Secretary of Homeland Security.

    SEC. 4. SEVERABILITY.

        If any provision of this Act, any amendment made by this Act, or
    the application of such provision or amendment to any person or
    circumstance is held to be invalid for any reason, the remainder of
    this Act, the amendments made by this Act, and the application of the
    provisions of such to any other person or circumstance shall not be
    affected by such holding.

                          TITLE I--BORDER ENFORCEMENT

            Subtitle A--Assets for Controlling United States Borders

    SEC. 101. ENFORCEMENT PERSONNEL.

        (a) Additional Personnel.--
                (1) Port of entry inspectors.--In each of the fiscal years
            2008 through 2012, the Secretary shall, subject to the
            availability of appropriations, increase by not less than 500
            the number of positions for full-time active duty port of entry
            inspectors and provide appropriate training, equipment, and
            support to such additional inspectors.
                (2) Investigative personnel.--
                        (A) Immigration and customs enforcement
                    investigators.--Section 5203 of the Intelligence Reform
                    and Terrorism Prevention Act of 2004 (Public Law 108-
                    458; 118 Stat. 3734) is amended by striking ``800'' and
                    inserting ``1000''.
                        (B) Additional personnel.--In addition to the
                    positions authorized under section 5203 of the
                    Intelligence Reform and Terrorism Prevention Act of
                    2004, as amended by subparagraph (A), during each of
                    the fiscal years 2008 through 2012, the Secretary
                    shall, subject to the availability of appropriations,
                    increase by not less than 200 the number of positions
                    for personnel within the Department assigned to
                    investigate alien smuggling.
                (3) Deputy united states marshals.--In each of the fiscal
            years 2008 through 2012, the Attorney General shall, subject to
            the availability of appropriations, increase by not less than
            50 the number of positions for full-time active duty Deputy
            United States Marshals that investigate criminal matters
            related to immigration.
                (4) Recruitment of former military personnel.--
                        (A) In general.--The Commissioner of United States
                    Customs and Border Protection, in conjunction with the
                    Secretary of Defense or a designee of the Secretary of
                    Defense, shall establish a program to actively recruit
                    members of the Army, Navy, Air Force, Marine Corps, and
                    Coast Guard who have elected to separate from active
                    duty.
                        (B) Report.--Not later than 180 days after the date
                    of the enactment of this Act, the Commissioner shall
                    submit a report on the implementation of the
                    recruitment program established pursuant to
                    subparagraph (A) to the Committee on the Judiciary of
                    the Senate and the Committee on the Judiciary of the
                    House of Representatives.
        (b) Authorization of Appropriations.--
                (1) Port of entry inspectors.--There are authorized to be
            appropriated to the Secretary such sums as may be necessary for
            each of the fiscal years 2008 through 2012 to carry out
            paragraph (1) of subsection (a).
                (2) Deputy united states marshals.--There are authorized to
            be appropriated to the Attorney General such sums as may be
            necessary for each of the fiscal years 2008 through 2012 to
            carry out subsection (a)(3).
                (3) Border patrol agents.--Section 5202 of the Intelligence
            Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is
            amended to read as follows:

    ``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

        ``(a) Annual Increases.--The Secretary of Homeland Security shall,
    subject to the availability of appropriations for such purpose,
    increase the number of positions for full-time active-duty border
    patrol agents within the Department of Homeland Security (above the
    number of such positions for which funds were appropriated for the
    preceding fiscal year), by--
                ``(1) 2,000 in fiscal year 2008;
                ``(2) 2,400 in fiscal year 2009;
                ``(3) 2,400 in fiscal year 2010;
                ``(4) 2,400 in fiscal year 2011; and
                ``(5) 2,400 in fiscal year 2012.
        ``(b) Northern Border.--In each of the fiscal years 2008 through
    2012, in addition to the border patrol agents assigned along the
    northern border of the United States during the previous fiscal year,
    the Secretary shall assign a number of border patrol agents equal to
    not less than 20 percent of the net increase in border patrol agents
    during each such fiscal year.
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for each of fiscal years
    2008 through 2012 to carry out this section.''.

    SEC. 102. TECHNOLOGICAL ASSETS.

        (a) Acquisition.--Subject to the availability of appropriations,
    the Secretary shall procure additional unmanned aerial vehicles,
    cameras, poles, sensors, and other technologies necessary to achieve
    operational control of the international borders of the United States
    and to establish a security perimeter known as a ``virtual fence''
    along such international borders to provide a barrier to illegal
    immigration.
        (b) Increased Availability of Equipment.--The Secretary and the
    Secretary of Defense shall develop and implement a plan to use
    authorities provided to the Secretary of Defense under chapter 18 of
    title 10, United States Code, to increase the availability and use of
    Department of Defense equipment, including unmanned aerial vehicles,
    tethered aerostat radars, and other surveillance equipment, to assist
    the Secretary in carrying out surveillance activities conducted at or
    near the international land borders of the United States to prevent
    illegal immigration.
        (c) Report.--Not later than 6 months after the date of enactment of
    this Act, the Secretary and the Secretary of Defense shall submit to
    Congress a report that contains--
                (1) a description of the current use of Department of
            Defense equipment to assist the Secretary in carrying out
            surveillance of the international land borders of the United
            States and assessment of the risks to citizens of the United
            States and foreign policy interests associated with the use of
            such equipment;
                (2) the plan developed under subsection (b) to increase the
            use of Department of Defense equipment to assist such
            surveillance activities; and
                (3) a description of the types of equipment and other
            support to be provided by the Secretary of Defense under such
            plan during the 1-year period beginning on the date of the
            submission of the report.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary for each of
    the fiscal years 2008 through 2012 to carry out subsection (a).
        (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-year
    period beginning on the date on which the report is submitted under
    subsection (c), the Secretary shall conduct a pilot program to test
    unmanned aerial vehicles for border surveillance along the
    international border between Canada and the United States.
        (f) Construction.--Nothing in this section may be construed as
    altering or amending the prohibition on the use of any part of the Army
    or the Air Force as a posse comitatus under section 1385 of title 18,
    United States Code.

    SEC. 103. INFRASTRUCTURE.

        (a) Construction of Border Control Facilities.--Subject to the
    availability of appropriations, the Secretary shall construct all-
    weather roads and acquire additional vehicle barriers and facilities
    necessary to achieve operational control of the international borders
    of the United States.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary for each of
    the fiscal years 2008 through 2012 to carry out subsection (a).

    SEC. 104. BORDER PATROL CHECKPOINTS.

        The Secretary may maintain temporary or permanent checkpoints on
    roadways in border patrol sectors that are located in proximity to the
    international border between the United States and Mexico.

    SEC. 105. PORTS OF ENTRY.

        The Secretary is authorized to--
                (1) construct additional ports of entry along the
            international land borders of the United States, at locations
            to be determined by the Secretary; and
                (2) make necessary improvements to the ports of entry in
            existence on the date of the enactment of this Act.

    SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE
                  BARRIERS.

        (a) Tucson Sector.--The Secretary shall--
                (1) replace all aged, deteriorating, or damaged primary
            fencing in the Tucson Sector located proximate to population
            centers in Douglas, Nogales, Naco, and Lukeville, Arizona with
            double- or triple-layered fencing running parallel to the
            international border between the United States and Mexico;
                (2) extend the double- or triple-layered fencing for a
            distance of not less than 2 miles beyond urban areas, except
            that the double- or triple-layered fence shall extend west of
            Naco, Arizona, for a distance of 10 miles; and
                (3) construct not less than 150 miles of vehicle barriers
            and all-weather roads in the Tucson Sector running parallel to
            the international border between the United States and Mexico
            in areas that are known transit points for illegal cross-border
            traffic.
        (b) Yuma Sector.--The Secretary shall--
                (1) replace all aged, deteriorating, or damaged primary
            fencing in the Yuma Sector located proximate to population
            centers in Yuma, Somerton, and San Luis, Arizona with double-
            or triple-layered fencing running parallel to the international
            border between the United States and Mexico;
                (2) extend the double- or triple-layered fencing for a
            distance of not less than 2 miles beyond urban areas in the
            Yuma Sector; and
                (3) construct not less than 50 miles of vehicle barriers
            and all-weather roads in the Yuma Sector running parallel to
            the international border between the United States and Mexico
            in areas that are known transit points for illegal cross-border
            traffic.
        (c) Other High Trafficked Areas.--The Secretary shall construct not
    less than 370 miles of triple-layered fencing which may include
    portions already constructed in San Diego Tucson and Yuma Sectors, and
    500 miles of vehicle barriers in other areas along the southwest border
    that the Secretary determines are areas that are most often used by
    smugglers and illegal aliens attempting to gain illegal entry into the
    United States.
        (d) Construction Deadline.--The Secretary shall immediately
    commence construction of the fencing, barriers, and roads described in
    subsections (a), (b), and (c) and shall complete such construction not
    later than 2 years after the date of the enactment of this Act.
        (e) Report.--Not later than 1 year after the date of the enactment
    of this Act, the Secretary shall submit a report to the Committee on
    the Judiciary of the Senate and the Committee on the Judiciary of the
    House of Representatives that describes the progress that has been made
    in constructing the fencing, barriers, and roads described in
    subsections (a), (b), and (c).
        (f) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section.

           Subtitle B--Border Security Plans, Strategies, and Reports

    SEC. 111. SURVEILLANCE PLAN.

        (a) Requirement for Plan.--The Secretary shall develop a
    comprehensive plan for the systematic surveillance of the international
    land and maritime borders of the United States.
        (b) Content.--The plan required by subsection (a) shall include the
    following:
                (1) An assessment of existing technologies employed on the
            international land and maritime borders of the United States.
                (2) A description of the compatibility of new surveillance
            technologies with surveillance technologies in use by the
            Secretary on the date of the enactment of this Act.
                (3) A description of how the Commissioner of the United
            States Customs and Border Protection of the Department is
            working, or is expected to work, with the Under Secretary for
            Science and Technology of the Department to identify and test
            surveillance technology.
                (4) A description of the specific surveillance technology
            to be deployed.
                (5) Identification of any obstacles that may impede such
            deployment.
                (6) A detailed estimate of all costs associated with such
            deployment and with continued maintenance of such technologies.
                (7) A description of how the Secretary is working with the
            Administrator of the Federal Aviation Administration on safety
            and airspace control issues associated with the use of unmanned
            aerial vehicles.
        (c) Submission to Congress.--Not later than 6 months after the date
    of the enactment of this Act, the Secretary shall submit to Congress
    the plan required by this section.

    SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

        (a) Requirement for Strategy.--The Secretary, in consultation with
    the heads of other appropriate Federal agencies, shall develop a
    National Strategy for Border Security that describes actions to be
    carried out to achieve operational control over all ports of entry into
    the United States and the international land and maritime borders of
    the United States.
        (b) Content.--The National Strategy for Border Security shall
    include the following:
                (1) The implementation schedule for the comprehensive plan
            for systematic surveillance described in section 111.
                (2) An assessment of the threat posed by terrorists and
            terrorist groups that may try to infiltrate the United States
            at locations along the international land and maritime borders
            of the United States.
                (3) A risk assessment for all United States ports of entry
            and all portions of the international land and maritime borders
            of the United States that includes a description of activities
            being undertaken--
                        (A) to prevent the entry of terrorists, other
                    unlawful aliens, instruments of terrorism, narcotics,
                    and other contraband into the United States; and
                        (B) to protect critical infrastructure at or near
                    such ports of entry or borders.
                (4) An assessment of the legal requirements that prevent
            achieving and maintaining operational control over the entire
            international land and maritime borders of the United States.
                (5) An assessment of the most appropriate, practical, and
            cost-effective means of defending the international land and
            maritime borders of the United States against threats to
            security and illegal transit, including intelligence
            capacities, technology, equipment, personnel, and training
            needed to address security vulnerabilities.
                (6) An assessment of staffing needs for all border security
            functions, taking into account threat and vulnerability
            information pertaining to the borders and the impact of new
            security programs, policies, and technologies.
                (7) A description of the border security roles and missions
            of Federal, State, regional, local, and tribal authorities, and
            recommendations regarding actions the Secretary can carry out
            to improve coordination with such authorities to enable border
            security and enforcement activities to be carried out in a more
            efficient and effective manner.
                (8) An assessment of existing efforts and technologies used
            for border security and the effect of the use of such efforts
            and technologies on civil rights, personal property rights,
            privacy rights, and civil liberties, including an assessment of
            efforts to take into account asylum seekers, trafficking
            victims, unaccompanied minor aliens, and other vulnerable
            populations.
                (9) A prioritized list of research and development
            objectives to enhance the security of the international land
            and maritime borders of the United States.
                (10) A description of ways to ensure that the free flow of
            travel and commerce is not diminished by efforts, activities,
            and programs aimed at securing the international land and
            maritime borders of the United States.
                (11) An assessment of additional detention facilities and
            beds that are needed to detain unlawful aliens apprehended at
            United States ports of entry or along the international land
            borders of the United States.
                (12) A description of the performance metrics to be used to
            ensure accountability by the bureaus of the Department in
            implementing such Strategy.
                (13) A schedule for the implementation of the security
            measures described in such Strategy, including a prioritization
            of security measures, realistic deadlines for addressing the
            security and enforcement needs, an estimate of the resources
            needed to carry out such measures, and a description of how
            such resources should be allocated.
        (c) Consultation.--In developing the National Strategy for Border
    Security, the Secretary shall consult with representatives of--
                (1) State, local, and tribal authorities with
            responsibility for locations along the international land and
            maritime borders of the United States; and
                (2) appropriate private sector entities, nongovernmental
            organizations, and affected communities that have expertise in
            areas related to border security.
        (d) Coordination.--The National Strategy for Border Security shall
    be consistent with the National Strategy for Maritime Security
    developed pursuant to Homeland Security Presidential Directive 13,
    dated December 21, 2004.
        (e) Submission to Congress.--
                (1) Strategy.--Not later than 1 year after the date of the
            enactment of this Act, the Secretary shall submit to Congress
            the National Strategy for Border Security.
                (2) Updates.--The Secretary shall submit to Congress any
            update of such Strategy that the Secretary determines is
            necessary, not later than 30 days after such update is
            developed.
        (f) Immediate Action.--Nothing in this section or section 111 may
    be construed to relieve the Secretary of the responsibility to take all
    actions necessary and appropriate to achieve and maintain operational
    control over the entire international land and maritime borders of the
    United States.

    SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH
                  AMERICAN SECURITY.

        (a) Requirement for Reports.--Not later than 1 year after the date
    of the enactment of this Act, and annually thereafter, the Secretary of
    State, in coordination with the Secretary and the heads of other
    appropriate Federal agencies, shall submit to Congress a report on
    improving the exchange of information related to the security of North
    America.
        (b) Contents.--Each report submitted under subsection (a) shall
    contain a description of the following:
                (1) Security clearances and document integrity.--The
            progress made toward the development of common enrollment,
            security, technical, and biometric standards for the issuance,
            authentication, validation, and repudiation of secure
            documents, including--
                        (A) technical and biometric standards based on best
                    practices and consistent with international standards
                    for the issuance, authentication, validation, and
                    repudiation of travel documents, including--
                                (i) passports;
                                (ii) visas; and
                                (iii) permanent resident cards;
                        (B) working with Canada and Mexico to encourage
                    foreign governments to enact laws to combat alien
                    smuggling and trafficking, and laws to forbid the use
                    and manufacture of fraudulent travel documents and to
                    promote information sharing;
                        (C) applying the necessary pressures and support to
                    ensure that other countries meet proper travel document
                    standards and are committed to travel document
                    verification before the citizens of such countries
                    travel internationally, including travel by such
                    citizens to the United States; and
                        (D) providing technical assistance for the
                    development and maintenance of a national database
                    built upon identified best practices for biometrics
                    associated with visa and travel documents.
                (2) Immigration and visa management.--The progress of
            efforts to share information regarding high-risk individuals
            who may attempt to enter Canada, Mexico, or the United States,
            including the progress made--
                        (A) in implementing the Statement of Mutual
                    Understanding on Information Sharing, signed by Canada
                    and the United States in February 2003; and
                        (B) in identifying trends related to immigration
                    fraud, including asylum and document fraud, and to
                    analyze such trends.
                (3) Visa policy coordination and immigration security.--The
            progress made by Canada, Mexico, and the United States to
            enhance the security of North America by cooperating on visa
            policy and identifying best practices regarding immigration
            security, including the progress made--
                        (A) in enhancing consultation among officials who
                    issue visas at the consulates or embassies of Canada,
                    Mexico, or the United States throughout the world to
                    share information, trends, and best practices on visa
                    flows;
                        (B) in comparing the procedures and policies of
                    Canada and the United States related to visitor visa
                    processing, including--
                                (i) application process;
                                (ii) interview policy;
                                (iii) general screening procedures;
                                (iv) visa validity;
                                (v) quality control measures; and
                                (vi) access to appeal or review;
                        (C) in exploring methods for Canada, Mexico, and
                    the United States to waive visa requirements for
                    nationals and citizens of the same foreign countries;
                        (D) in providing technical assistance for the
                    development and maintenance of a national database
                    built upon identified best practices for biometrics
                    associated with immigration violators;
                        (E) in developing and implementing an immigration
                    security strategy for North America that works toward
                    the development of a common security perimeter by
                    enhancing technical assistance for programs and systems
                    to support advance automated reporting and risk
                    targeting of international passengers;
                        (F) in sharing information on lost and stolen
                    passports on a real-time basis among immigration or law
                    enforcement officials of Canada, Mexico, and the United
                    States; and
                        (G) in collecting 10 fingerprints from each
                    individual who applies for a visa.
                (4) North american visitor overstay program.--The progress
            made by Canada and the United States in implementing parallel
            entry-exit tracking systems that, while respecting the privacy
            laws of both countries, share information regarding third
            country nationals who have overstayed their period of
            authorized admission in either Canada or the United States.
                (5) Terrorist watch lists.--The progress made in enhancing
            the capacity of the United States to combat terrorism through
            the coordination of counterterrorism efforts, including the
            progress made--
                        (A) in developing and implementing bilateral
                    agreements between Canada and the United States and
                    between Mexico and the United States to govern the
                    sharing of terrorist watch list data and to
                    comprehensively enumerate the uses of such data by the
                    governments of each country;
                        (B) in establishing appropriate linkages among
                    Canada, Mexico, and the United States Terrorist
                    Screening Center; and
                        (C) in exploring with foreign governments the
                    establishment of a multilateral watch list mechanism
                    that would facilitate direct coordination between the
                    country that identifies an individual as an individual
                    included on a watch list, and the country that owns
                    such list, including procedures that satisfy the
                    security concerns and are consistent with the privacy
                    and other laws of each participating country.
                (6) Money laundering, currency smuggling, and alien
            smuggling.--The progress made in improving information sharing
            and law enforcement cooperation in combating organized crime,
            including the progress made--
                        (A) in combating currency smuggling, money
                    laundering, alien smuggling, and trafficking in
                    alcohol, firearms, and explosives;
                        (B) in implementing the agreement between Canada
                    and the United States known as the Firearms Trafficking
                    Action Plan;
                        (C) in determining the feasibility of formulating a
                    firearms trafficking action plan between Mexico and the
                    United States;
                        (D) in developing a joint threat assessment on
                    organized crime between Canada and the United States;
                        (E) in determining the feasibility of formulating a
                    joint threat assessment on organized crime between
                    Mexico and the United States;
                        (F) in developing mechanisms to exchange
                    information on findings, seizures, and capture of
                    individuals transporting undeclared currency; and
                        (G) in developing and implementing a plan to combat
                    the transnational threat of illegal drug trafficking.
                (7) Law enforcement cooperation.--The progress made in
            enhancing law enforcement cooperation among Canada, Mexico, and
            the United States through enhanced technical assistance for the
            development and maintenance of a national database built upon
            identified best practices for biometrics associated with known
            and suspected criminals or terrorists, including exploring the
            formation of law enforcement teams that include personnel from
            the United States and Mexico, and appropriate procedures for
            such teams.

    SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

        (a) Technical Assistance.--The Secretary of State, in coordination
    with the Secretary, shall work to cooperate with the head of Foreign
    Affairs Canada and the appropriate officials of the Government of
    Mexico to establish a program--
                (1) to assess the specific needs of Guatemala and Belize in
            maintaining the security of the international borders of such
            countries;
                (2) to use the assessment made under paragraph (1) to
            determine the financial and technical support needed by
            Guatemala and Belize from Canada, Mexico, and the United States
            to meet such needs;
                (3) to provide technical assistance to Guatemala and Belize
            to promote issuance of secure passports and travel documents by
            such countries; and
                (4) to encourage Guatemala and Belize--
                        (A) to control alien smuggling and trafficking;
                        (B) to prevent the use and manufacture of
                    fraudulent travel documents; and
                        (C) to share relevant information with Mexico,
                    Canada, and the United States.
        (b) Border Security for Belize, Guatemala, and Mexico.--The
    Secretary, in consultation with the Secretary of State, shall work to
    cooperate--
                (1) with the appropriate officials of the Government of
            Guatemala and the Government of Belize to provide law
            enforcement assistance to Guatemala and Belize that
            specifically addresses immigration issues to increase the
            ability of the Government of Guatemala to dismantle human
            smuggling organizations and gain additional control over the
            international border between Guatemala and Belize; and
                (2) with the appropriate officials of the Government of
            Belize, the Government of Guatemala, the Government of Mexico,
            and the governments of neighboring contiguous countries to
            establish a program to provide needed equipment, technical
            assistance, and vehicles to manage, regulate, and patrol the
            international borders between Mexico and Guatemala and between
            Mexico and Belize.
        (c) Tracking Central American Gangs.--The Secretary of State, in
    coordination with the Secretary and the Director of the Federal Bureau
    of Investigation, shall work to cooperate with the appropriate
    officials of the Government of Mexico, the Government of Guatemala, the
    Government of Belize, and the governments of other Central American
    countries--
                (1) to assess the direct and indirect impact on the United
            States and Central America of deporting violent criminal
            aliens;
                (2) to establish a program and database to track
            individuals involved in Central American gang activities;
                (3) to develop a mechanism that is acceptable to the
            governments of Belize, Guatemala, Mexico, the United States,
            and other appropriate countries to notify such a government if
            an individual suspected of gang activity will be deported to
            that country prior to the deportation and to provide support
            for the reintegration of such deportees into that country; and
                (4) to develop an agreement to share all relevant
            information related to individuals connected with Central
            American gangs.
        (d) Limitations on Assistance.--Any funds made available to carry
    out this section shall be subject to the limitations contained in
    section 551 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act of 2006 (Public Law 109-102; 119 Stat.
    2218).

    SEC. 115. COMBATING HUMAN SMUGGLING.

        (a) Requirement for Plan.--The Secretary shall develop and
    implement a plan to improve coordination between the Bureau of
    Immigration and Customs Enforcement and the Bureau of Customs and
    Border Protection of the Department and any other Federal, State,
    local, or tribal authorities, as determined appropriate by the
    Secretary, to improve coordination efforts to combat human smuggling.
        (b) Content.--In developing the plan required by subsection (a),
    the Secretary shall consider--
                (1) the interoperability of databases utilized to prevent
            human smuggling;
                (2) adequate and effective personnel training;
                (3) methods and programs to effectively target networks
            that engage in such smuggling;
                (4) effective utilization of--
                        (A) visas for victims of trafficking and other
                    crimes; and
                        (B) investigatory techniques, equipment, and
                    procedures that prevent, detect, and prosecute
                    international money laundering and other operations
                    that are utilized in smuggling;
                (5) joint measures, with the Secretary of State, to enhance
            intelligence sharing and cooperation with foreign governments
            whose citizens are preyed on by human smugglers; and
                (6) other measures that the Secretary considers appropriate
            to combating human smuggling.
        (c) Report.--Not later than 1 year after implementing the plan
    described in subsection (a), the Secretary shall submit to Congress a
    report on such plan, including any recommendations for legislative
    action to improve efforts to combating human smuggling.
        (d) Savings Provision.--Nothing in this section may be construed to
    provide additional authority to any State or local entity to enforce
    Federal immigration laws.

    SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

        (a) Collection of Statistics.--The Commissioner of the Bureau of
    Customs and Border Protection shall collect statistics relating to
    deaths occurring at the border between the United States and Mexico,
    including--
                (1) the causes of the deaths; and
                (2) the total number of deaths.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, and annually thereafter, the Commissioner of the Bureau of
    Customs and Border Protection shall submit to the Secretary a report
    that--
                (1) analyzes trends with respect to the statistics
            collected under subsection (a) during the preceding year; and
                (2) recommends actions to reduce the deaths described in
            subsection (a).

    SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.

        (a) Cooperation Regarding Border Security.--The Secretary of State,
    in cooperation with the Secretary and representatives of Federal,
    State, and local law enforcement agencies that are involved in border
    security and immigration enforcement efforts, shall work with the
    appropriate officials from the Government of Mexico to improve
    coordination between the United States and Mexico regarding--
                (1) improved border security along the international border
            between the United States and Mexico;
                (2) the reduction of human trafficking and smuggling
            between the United States and Mexico;
                (3) the reduction of drug trafficking and smuggling between
            the United States and Mexico;
                (4) the reduction of gang membership in the United States
            and Mexico;
                (5) the reduction of violence against women in the United
            States and Mexico; and
                (6) the reduction of other violence and criminal activity.
        (b) Cooperation Regarding Education on Immigration Laws.--The
    Secretary of State, in cooperation with other appropriate Federal
    officials, shall work with the appropriate officials from the
    Government of Mexico to carry out activities to educate citizens and
    nationals of Mexico regarding eligibility for status as a nonimmigrant
    under Federal law to ensure that the citizens and nationals are not
    exploited while working in the United States.
        (c) Cooperation Regarding Circular Migration.--The Secretary of
    State, in cooperation with the Secretary of Labor and other appropriate
    Federal officials, shall work with the appropriate officials from the
    Government of Mexico to improve coordination between the United States
    and Mexico to encourage circular migration, including assisting in the
    development of economic opportunities and providing job training for
    citizens and nationals in Mexico.
        (d) Consultation Requirement.--Federal, State, and local
    representatives in the United States shall consult with their
    counterparts in Mexico concerning the construction of additional
    fencing and related border security structures along the international
    border between the United States and Mexico, as authorized by this
    title, before the commencement of any such construction in order to--
                (1) solicit the views of affected communities;
                (2) lessen tensions; and
                (3) foster greater understanding and stronger cooperation
            on this and other important security issues of mutual concern.
        (e) Annual Report.--Not later than 180 days after the date of
    enactment of this Act, and annually thereafter, the Secretary of State
    shall submit to Congress a report on the actions taken by the United
    States and Mexico under this section.

                 Subtitle C--Other Border Security Initiatives

    SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

        Not later than October 1, 2008, the Secretary shall--
                (1) in consultation with the Attorney General, enhance
            connectivity between the Automated Biometric Fingerprint
            Identification System (IDENT) of the Department and the
            Integrated Automated Fingerprint Identification System (IAFIS)
            of the Federal Bureau of Investigation to ensure more
            expeditious data searches; and
                (2) in consultation with the Secretary of State, collect
            all fingerprints from each alien required to provide
            fingerprints during the alien's initial enrollment in the
            integrated entry and exit data system described in section 110
            of the Illegal Immigration Reform and Immigrant Responsibility
            Act of 1996 (8 U.S.C. 1365a).

    SEC. 122. SECURE COMMUNICATION.

        The Secretary shall, as expeditiously as practicable, develop and
    implement a plan to improve the use of satellite communications and
    other technologies to ensure clear and secure 2-way communication
    capabilities--
                (1) among all Border Patrol agents conducting operations
            between ports of entry;
                (2) between Border Patrol agents and their respective
            Border Patrol stations;
                (3) between Border Patrol agents and residents in remote
            areas along the international land borders of the United
            States; and
                (4) between all appropriate border security agencies of the
            Department and State, local, and tribal law enforcement
            agencies.

    SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

        (a) In General.--The Comptroller General of the United States shall
    conduct a review of the basic training provided to Border Patrol agents
    by the Secretary to ensure that such training is provided as
    efficiently and cost-effectively as possible.
        (b) Components of Review.--The review under subsection (a) shall
    include the following components:
                (1) An evaluation of the length and content of the basic
            training curriculum provided to new Border Patrol agents by the
            Federal Law Enforcement Training Center, including a
            description of how such curriculum has changed since September
            11, 2001, and an evaluation of language and cultural diversity
            training programs provided within such curriculum.
                (2) A review and a detailed breakdown of the costs incurred
            by the Bureau of Customs and Border Protection and the Federal
            Law Enforcement Training Center to train 1 new Border Patrol
            agent.
                (3) A comparison, based on the review and breakdown under
            paragraph (2), of the costs, effectiveness, scope, and quality,
            including geographic characteristics, with other similar
            training programs provided by State and local agencies,
            nonprofit organizations, universities, and the private sector.
                (4) An evaluation of whether utilizing comparable non-
            Federal training programs, proficiency testing, and long-
            distance learning programs may affect--
                        (A) the cost-effectiveness of increasing the number
                    of Border Patrol agents trained per year;
                        (B) the per agent costs of basic training; and
                        (C) the scope and quality of basic training needed
                    to fulfill the mission and duties of a Border Patrol
                    agent.

    SEC. 124. US-VISIT SYSTEM.

        Not later than 6 months after the date of the enactment of this
    Act, the Secretary, in consultation with the heads of other appropriate
    Federal agencies, shall submit to Congress a schedule for--
                (1) equipping all land border ports of entry of the United
            States with the U.S.-Visitor and Immigrant Status Indicator
            Technology (US-VISIT) system implemented under section 110 of
            the Illegal Immigration Reform and Immigrant Responsibility Act
            of 1996 (8 U.S.C. 1365a);
                (2) developing and deploying at such ports of entry the
            exit component of the US-VISIT system; and
                (3) making interoperable all immigration screening systems
            operated by the Secretary.

    SEC. 125. DOCUMENT FRAUD DETECTION.

        (a) Training.--Subject to the availability of appropriations, the
    Secretary shall provide all Customs and Border Protection officers with
    training in identifying and detecting fraudulent travel documents. Such
    training shall be developed in consultation with the head of the
    Forensic Document Laboratory of the Bureau of Immigration and Customs
    Enforcement.
        (b) Forensic Document Laboratory.--The Secretary shall provide all
    Customs and Border Protection officers with access to the Forensic
    Document Laboratory.
        (c) Assessment.--
                (1) Requirement for assessment.--The Inspector General of
            the Department shall conduct an independent assessment of the
            accuracy and reliability of the Forensic Document Laboratory.
                (2) Report to congress.--Not later than 6 months after the
            date of the enactment of this Act, the Inspector General shall
            submit to Congress the findings of the assessment required by
            paragraph (1).
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary for each of
    fiscal years 2008 through 2012 to carry out this section.

    SEC. 126. IMPROVED DOCUMENT INTEGRITY.

        (a) In General.--Section 303 of the Enhanced Border Security and
    Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--
                (1) by striking ``Attorney General'' each place it appears
            and inserting ``Secretary of Homeland Security'';
                (2) in the heading, by striking ``entry and exit
            documents'' and inserting ``travel and entry documents and
            evidence of status'';
                (3) in subsection (b)(1)--
                        (A) by striking ``Not later than October 26, 2004,
                    the'' and inserting ``The''; and
                        (B) by striking ``visas and'' both places it
                    appears and inserting ``visas, evidence of status,
                    and'';
                (4) by redesignating subsection (d) as subsection (e); and
                (5) by inserting after subsection (c) the following:
        ``(d) Other Documents.--Not later than October 26, 2008, every
    document, other than an interim document, issued by the Secretary of
    Homeland Security, which may be used as evidence of an alien's status
    as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be
    machine-readable and tamper-resistant, and shall incorporate a
    biometric identifier to allow the Secretary of Homeland Security to
    verify electronically the identity and status of the alien.''.

    SEC. 127. CANCELLATION OF VISAS.

        Section 222(g) (8 U.S.C. 1202(g)) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``Attorney General'' and inserting
                    ``Secretary of Homeland Security''; and
                        (B) by inserting ``and any other nonimmigrant visa
                    issued by the United States that is in the possession
                    of the alien'' after ``such visa''; and
                (2) in paragraph (2)(A), by striking ``(other than the visa
            described in paragraph (1)) issued in a consular office located
            in the country of the alien's nationality'' and inserting
            ``(other than a visa described in paragraph (1)) issued in a
            consular office located in the country of the alien's
            nationality or foreign residence''.

    SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

        (a) Collection of Biometric Data From Aliens Departing the United
    States.--Section 215 (8 U.S.C. 1185) is amended--
                (1) by redesignating subsection (c) as subsection (g);
                (2) by moving subsection (g), as redesignated by paragraph
            (1), to the end; and
                (3) by inserting after subsection (b) the following:
        ``(c) The Secretary of Homeland Security is authorized to require
    aliens departing the United States to provide biometric data and other
    information relating to their immigration status.''.
        (b) Inspection of Applicants for Admission.--Section 235(d) (8
    U.S.C. 1225(d)) is amended by adding at the end the following:
                ``(5) Authority to collect biometric data.--In conducting
            inspections under subsection (b), immigration officers are
            authorized to collect biometric data from--
                        ``(A) any applicant for admission or alien seeking
                    to transit through the United States; or
                        ``(B) any lawful permanent resident who is entering
                    the United States and who is not regarded as seeking
                    admission pursuant to section 101(a)(13)(C).''.
        (c) Collection of Biometric Data From Alien Crewmen.--Section 252
    (8 U.S.C. 1282) is amended by adding at the end the following:
        ``(d) An immigration officer is authorized to collect biometric
    data from an alien crewman seeking permission to land temporarily in
    the United States.''.
        (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
    amended--
                (1) in subsection (a)(7), by adding at the end the
            following:
                        ``(C) Withholders of biometric data.--Any alien who
                    knowingly fails to comply with a lawful request for
                    biometric data under section 215(c) or 235(d) is
                    inadmissible.''; and
                (2) in subsection (d), by inserting after paragraph (1) the
            following:
                ``(2) The Secretary of Homeland Security shall determine
            whether a ground for inadmissibility exists with respect to an
            alien described in subparagraph (C) of subsection (a)(7) and
            may waive the application of such subparagraph for an
            individual alien or a class of aliens, at the discretion of the
            Secretary.''.
        (e) Implementation.--Section 7208 of the 9/11 Commission
    Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
                (1) in subsection (c), by adding at the end the following:
                ``(3) Implementation.--In fully implementing the automated
            biometric entry and exit data system under this section, the
            Secretary is not required to comply with the requirements of
            chapter 5 of title 5, United States Code (commonly referred to
            as the Administrative Procedure Act) or any other law relating
            to rulemaking, information collection, or publication in the
            Federal Register.''; and
                (2) in subsection (l)--
                        (A) by striking ``There are authorized'' and
                    inserting the following:
                ``(1) In general.--There are authorized''; and
                        (B) by adding at the end the following:
                ``(2) Implementation at all land border ports of entry.--
            There are authorized to be appropriated such sums as may be
            necessary for each of the fiscal years 2008 and 2009 to
            implement the automated biometric entry and exit data system at
            all land border ports of entry.''.

    SEC. 129. BORDER STUDY.

        (a) Southern Border Study.--The Secretary, in consultation with the
    Attorney General, the Secretary of the Interior, the Secretary of
    Agriculture, the Secretary of Defense, the Secretary of Commerce, and
    the Administrator of the Environmental Protection Agency, shall conduct
    a study on the construction of a system of physical barriers along the
    southern international land and maritime border of the United States.
    The study shall include--
                (1) an assessment of the necessity of constructing such a
            system, including the identification of areas of high priority
            for the construction of such a system determined after
            consideration of factors including the amount of narcotics
            trafficking and the number of illegal immigrants apprehended in
            such areas;
                (2) an assessment of the feasibility of constructing such a
            system;
                (3) an assessment of the international, national, and
            regional environmental impact of such a system, including the
            impact on zoning, global climate change, ozone depletion,
            biodiversity loss, and transboundary pollution;
                (4) an assessment of the necessity for ports of entry along
            such a system;
                (5) an assessment of the impact such a system would have on
            international trade, commerce, and tourism;
                (6) an assessment of the effect of such a system on private
            property rights including issues of eminent domain and riparian
            rights;
                (7) an estimate of the costs associated with building a
            barrier system, including costs associated with excavation,
            construction, and maintenance;
                (8) an assessment of the effect of such a system on Indian
            reservations and units of the National Park System;
                (9) an assessment of the necessity of constructing such a
            system after the implementation of provisions of this Act
            relating to guest workers, visa reform, and interior and
            worksite enforcement, and the likely effect of such provisions
            on undocumented immigration and the flow of illegal immigrants
            across the international border of the United States;
                (10) an assessment of the impact of such a system on
            diplomatic relations between the United States and Mexico,
            Central America, and South America, including the likely impact
            of such a system on existing and potential areas of bilateral
            and multilateral cooperative enforcement efforts;
                (11) an assessment of the impact of such a system on the
            quality of life within border communities in the United States
            and Mexico, including its impact on noise and light pollution,
            housing, transportation, security, and environmental health;
                (12) an assessment of the likelihood that such a system
            would lead to increased violations of the human rights, health,
            safety, or civil rights of individuals in the region near the
            southern international border of the United States, regardless
            of the immigration status of such individuals;
                (13) an assessment of the effect such a system would have
            on violence near the southern international border of the
            United States; and
                (14) an assessment of the effect of such a system on the
            vulnerability of the United States to infiltration by
            terrorists or other agents intending to inflict direct harm on
            the United States.
        (b) Report.--Not later than 9 months after the date of the
    enactment of this Act, the Secretary shall submit to Congress a report
    on the study described in subsection (a).

    SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

        (a) In General.--The Inspector General of the Department shall
    review each contract action relating to the Secure Border Initiative
    having a value of more than $20,000,000, to determine whether each such
    action fully complies with applicable cost requirements, performance
    objectives, program milestones, inclusion of small, minority, and
    women-owned business, and time lines. The Inspector General shall
    complete a review under this subsection with respect to each contract
    action--
                (1) not later than 60 days after the date of the initiation
            of the action; and
                (2) upon the conclusion of the performance of the contract.
        (b) Inspector General.--
                (1) Action.--If the Inspector General becomes aware of any
            improper conduct or wrongdoing in the course of conducting a
            contract review under subsection (a), the Inspector General
            shall, as expeditiously as practicable, refer information
            relating to such improper conduct or wrongdoing to the
            Secretary, or to another appropriate official of the
            Department, who shall determine whether to temporarily suspend
            the contractor from further participation in the Secure Border
            Initiative.
                (2) Report.--Upon the completion of each review described
            in subsection (a), the Inspector General shall submit to the
            Secretary a report containing the findings of the review,
            including findings regarding--
                        (A) cost overruns;
                        (B) significant delays in contract execution;
                        (C) lack of rigorous departmental contract
                    management;
                        (D) insufficient departmental financial oversight;
                        (E) bundling that limits the ability of small
                    businesses to compete; or
                        (F) other high risk business practices.
        (c) Reports by the Secretary.--
                (1) In general.--Not later than 30 days after the receipt
            of each report required under subsection (b)(2), the Secretary
            shall submit a report, to the Committee on the Judiciary of the
            Senate and the Committee on the Judiciary of the House of
            Representatives, that describes--
                        (A) the findings of the report received from the
                    Inspector General; and
                        (B) the steps the Secretary has taken, or plans to
                    take, to address the problems identified in such
                    report.
                (2) Contracts with foreign companies.--Not later than 60
            days after the initiation of each contract action with a
            company whose headquarters is not based in the United States,
            the Secretary shall submit a report to the Committee on the
            Judiciary of the Senate and the Committee on the Judiciary of
            the House of Representatives, regarding the Secure Border
            Initiative.
        (d) Reports on United States Ports.--Not later than 30 days after
    receiving information regarding a proposed purchase of a contract to
    manage the operations of a United States port by a foreign entity, the
    Committee on Foreign Investment in the United States shall submit a
    report to Congress that describes--
                (1) the proposed purchase;
                (2) any security concerns related to the proposed purchase;
            and
                (3) the manner in which such security concerns have been
            addressed.
        (e) Authorization of Appropriations.--In addition to amounts that
    are otherwise authorized to be appropriated to the Office of the
    Inspector General of the Department, there are authorized to be
    appropriated to the Office, to enable the Office to carry out this
    section--
                (1) for fiscal year 2008, not less than 5 percent of the
            overall budget of the Office for such fiscal year;
                (2) for fiscal year 2009, not less than 6 percent of the
            overall budget of the Office for such fiscal year; and
                (3) for fiscal year 2010, not less than 7 percent of the
            overall budget of the Office for such fiscal year.

    SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN
                  PORTS OF ENTRY.

        (a) In General.--Beginning on October 1, 2008, an alien (other than
    a national of Mexico) who is attempting to illegally enter the United
    States and who is apprehended at a United States port of entry or along
    the international land and maritime border of the United States shall
    be detained until removed or a final decision granting admission has
    been determined, unless the alien--
                (1) is permitted to withdraw an application for admission
            under section 235(a)(4) of the Immigration and Nationality Act
            (8 U.S.C. 1225(a)(4)) and immediately departs from the United
            States pursuant to such section; or
                (2) is paroled into the United States by the Secretary for
            urgent humanitarian reasons or significant public benefit in
            accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
            1182(d)(5)(A)).
        (b) Requirements During Interim Period.--Beginning 60 days after
    the date of the enactment of this Act and before October 1, 2008, an
    alien described in subsection (a) may be released with a notice to
    appear only if--
                (1) the Secretary determines, after conducting all
            appropriate background and security checks on the alien, that
            the alien does not pose a national security risk; and
                (2) the alien provides a bond of not less than $5,000.
        (c) Rules of Construction.--
                (1) Asylum and removal.--Nothing in this section shall be
            construed as limiting the right of an alien to apply for asylum
            or for relief or deferral of removal based on a fear of
            persecution.
                (2) Treatment of certain aliens.--The mandatory detention
            requirement in subsection (a) does not apply to any alien who
            is a native or citizen of a country in the Western Hemisphere
            with whose government the United States does not have full
            diplomatic relations.
                (3) Discretion.--Nothing in this section shall be construed
            as limiting the authority of the Secretary, in the Secretary's
            sole unreviewable discretion, to determine whether an alien
            described in clause (ii) of section 235(b)(1)(B) of the
            Immigration and Nationality Act shall be detained or released
            after a finding of a credible fear of persecution (as defined
            in clause (v) of such section).

    SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING,
                  ENTRY, OR CLEARANCE REQUIREMENTS.

        (a) In General.--Chapter 27 of title 18, United States Code, is
    amended by adding at the end the following:
    ``Sec. 556. Evasion of inspection or during violation of arrival,
                  reporting, entry, or clearance requirements
        ``(a) Prohibition.--A person shall be punished as described in
    subsection (b) if such person attempts to elude or eludes customs,
    immigration, or agriculture inspection or fails to stop at the command
    of an officer or employee of the United States charged with enforcing
    the immigration, customs, or other laws of the United States at a port
    of entry or customs or immigration checkpoint.
        ``(b) Penalties.--A person who commits an offense described in
    subsection (a) shall be--
                ``(1) fined under this title;
                ``(2)(A) imprisoned for not more than 3 years, or both;
                ``(B) imprisoned for not more than 10 years, or both, if in
            commission of this violation, attempts to inflict or inflicts
            bodily injury (as defined in section 1365(g) of this title); or
                ``(C) imprisoned for any term of years or for life, or
            both, if death results, and may be sentenced to death; or
                ``(3) both fined and imprisoned under this subsection.
        ``(c) Conspiracy.--If 2 or more persons conspire to commit an
    offense described in subsection (a), and 1 or more of such persons do
    any act to effect the object of the conspiracy, each shall be
    punishable as a principal, except that the sentence of death may not be
    imposed.
        ``(d) Prima Facie Evidence.--For the purposes of seizure and
    forfeiture under applicable law, in the case of use of a vehicle or
    other conveyance in the commission of this offense, or in the case of
    disregarding or disobeying the lawful authority or command of any
    officer or employee of the United States under section 111(b) of this
    title, such conduct shall constitute prima facie evidence of smuggling
    aliens or merchandise.''.
        (b) Conforming Amendment.--The table of sections for chapter 27 of
    title 18, United States Code, is amended by inserting at the end the
    following:

    ``555. Evasion of inspection or during violation of arrival, reporting,
                                entry, or clearance requirements.''.
        (c) Failure To Obey Border Enforcement Officers.--Section 111 of
    title 18, United States Code, is amended by inserting after subsection
    (b) the following:
        ``(c) Failure To Obey Lawful Orders of Border Enforcement
    Officers.--Whoever willfully disregards or disobeys the lawful
    authority or command of any officer or employee of the United States
    charged with enforcing the immigration, customs, or other laws of the
    United States while engaged in, or on account of, the performance of
    official duties shall be fined under this title or imprisoned for not
    more than 5 years, or both.''.
        (d) Technical Amendments.--
                (1) In general.--Chapter 27 of title 18, United States
            Code, is amended by redesignating section 554 (as added by
            section 551(a) of the Department of Homeland Security
            Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389))
            as section 555.
                (2) Table of sections.--The table of sections for chapter
            27 of title 18, United States Code, is amended--
                        (A) by striking the following:

    ``Sec. 554. Border tunnels and passages.'';
                    and
                        (B) by inserting the following:

    ``Sec. 555. Border tunnels and passages.''.
                (3) Criminal forfeiture.--Section 982(a)(6) of title 18,
            United States Code, is amended by striking ``554'' and
            inserting ``555''.
                (4) Directive to united states sentencing commission.--
            Paragraphs (1) and (2)(A) of section 551(d) of the Department
            of Homeland Security Appropriations Act, 2007 is amended by
            striking ``554'' and inserting ``555''.

    SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN
                  LAND BORDER OF THE UNITED STATES.

        (a) Authority To Provide Assistance.--
                (1) In general.--With the approval of the Secretary of
            Defense, the Governor of a State may order any units or
            personnel of the National Guard of such State to perform annual
            training duty under section 502(a) of title 32, United States
            Code, to carry out in any State along the southern land border
            of the United States the activities authorized in subsection
            (b), for the purpose of securing such border. Such duty shall
            not exceed 21 days in any year.
                (2) Support.--With the approval of the Secretary of
            Defense, the Governor of a State may order any units or
            personnel of the National Guard of such State to perform duty
            under section 502(f) of title 32, United States Code, to
            provide command, control, and continuity of support for units
            or personnel performing annual training duty under paragraph
            (1).
        (b) Authorized Activities.--The activities authorized by this
    subsection are any of the following:
                (1) Ground reconnaissance activities;
                (2) Airborne reconnaissance activities;
                (3) Logistical support;
                (4) Provision of translation services and training;
                (5) Administrative support services;
                (6) Technical training services;
                (7) Emergency medical assistance and services;
                (8) Communications services;
                (9) Rescue of aliens in peril;
                (10) Construction of roadways, patrol roads, fences,
            barriers, and other facilities to secure the southern land
            border of the United States; and
                (11) Ground and air transportation.
        (c) Cooperative Agreements.--Units and personnel of the National
    Guard of a State may perform activities in another State under
    subsection (a) only pursuant to the terms of an emergency management
    assistance compact or other cooperative arrangement entered into
    between Governors of such States for purposes of this section, and only
    with the approval of the Secretary of Defense.
        (d) Coordination of Assistance.--The Secretary of Homeland Security
    shall, in consultation with the Secretary of Defense and the Governors
    of the States concerned, coordinate the performance of activities under
    this section by units and personnel of the National Guard.
        (e) Annual Training.--Annual training duty performed by members of
    the National Guard under subsection (a) shall be appropriate for the
    units and individual members concerned, taking into account the types
    of units and military occupational specialties of individual members
    performing such duty.
        (f) Definitions.--In this section:
                (1) The term ``Governor of a State'' means, in the case of
            the District of Columbia, the Commanding General of the
            National Guard of the District of Columbia.
                (2) The term ``State'' means each of the several States,
            the District of Columbia, the Commonwealth of Puerto Rico,
            Guam, and the Virgin Islands.
                (3) The term ``State along the southern border of the
            United States'' means each of the following:
                        (A) The State of Arizona.
                        (B) The State of California.
                        (C) The State of New Mexico.
                        (D) The State of Texas.
        (g) Duration of Authority.--The authority of this section shall
    expire on January 1, 2009.
        (h) Prohibition on Direct Participation in Law Enforcement.--
    Activities carried out under the authority of this section shall not
    include the direct participation of a member of the National Guard in a
    search, seizure, arrest, or similar activity.

    SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER
                  MEMBERS OF THE ARMED FORCES TO SERVE IN UNITED STATES
                  CUSTOMS AND BORDER PROTECTION.

        (a) Report Required.--Not later than 60 days after the date of the
    enactment of this Act, the Secretary of Homeland Security and the
    Secretary of Defense shall jointly submit to the appropriate committees
    of Congress a report assessing the desirability and feasibility of
    offering incentives to covered members and former members of the Armed
    Forces for the purpose of encouraging such members to serve in the
    Bureau of Customs and Border Protection.
        (b) Covered Members and Former Members of the Armed Forces.--For
    purposes of this section, covered members and former members of the
    Armed Forces are the following:
                (1) Members of the reserve components of the Armed Forces.
                (2) Former members of the Armed Forces within two years of
            separation from service in the Armed Forces.
        (c) Requirements and Limitations.--
                (1) Nature of incentives.--In considering incentives for
            purposes of the report required by subsection (a), the
            Secretaries shall consider such incentives, whether monetary or
            otherwise and whether or not authorized by current law or
            regulations, as the Secretaries jointly consider appropriate.
                (2) Targeting of incentives.--In assessing any incentive
            for purposes of the report, the Secretaries shall give
            particular attention to the utility of such incentive in--
                        (A) encouraging service in the Bureau of Customs
                    and Border Protection after service in the Armed Forces
                    by covered members and former of the Armed Forces who
                    have provided border patrol or border security
                    assistance to the Bureau as part of their duties as
                    members of the Armed Forces; and
                        (B) leveraging military training and experience by
                    accelerating training, or allowing credit to be applied
                    to related areas of training, required for service with
                    the Bureau of Customs and Border Protection.
                (3) Payment.--In assessing incentives for purposes of the
            report, the Secretaries shall assume that any costs of such
            incentives shall be borne by the Department of Homeland
            Security.
        (d) Elements.--The report required by subsection (a) shall include
    the following:
                (1) A description of various monetary and non-monetary
            incentives considered for purposes of the report.
                (2) An assessment of the desirability and feasibility of
            utilizing any such incentive for the purpose specified in
            subsection (a), including an assessment of the particular
            utility of such incentive in encouraging service in the Bureau
            of Customs and Border Protection after service in the Armed
            Forces by covered members and former members of the Armed
            Forces described in subsection (c)(2).
                (3) Any other matters that the Secretaries jointly consider
            appropriate.
        (e) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
                (1) the Committees on Armed Services, Homeland Security and
            Governmental Affairs, and Appropriations of the Senate; and
                (2) the Committees on Armed Services, Homeland Security,
            and Appropriations of the House of Representatives.

    SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

        (a) Findings.--Congress makes the following findings:
                (1) United States citizens make approximately 130,000,000
            land border crossings each year between the United States and
            Canada and the United States and Mexico, with approximately
            23,000,000 individual United States citizens crossing the
            border annually.
                (2) Approximately 27 percent of United States citizens
            possess United States passports.
                (3) In fiscal year 2005, the Secretary of State issued an
            estimated 10,100,000 passports, representing an increase of 15
            percent from fiscal year 2004.
                (4) The Secretary of State estimates that 16,000,000
            passports will be issued in fiscal year 2007 and 17,000,000
            passports will be issued in fiscal year 2008.
        (b) Extension of Western Hemisphere Travel Initiative
    Implementation Deadline.--Section 7209(b)(1) of the Intelligence Reform
    and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
    note) is amended by striking ``January 1, 2008'' and inserting ``the
    later of June 1, 2009, or 3 months after the Secretary of State and the
    Secretary of Homeland Security make the certification required in
    subsection (i) of section 133 of the Comprehensive Immigration Reform
    Act of 2007.''.
        (c) Passport Cards.--
                (1) Authority to issue.--In order to facilitate travel of
            United States citizens to Canada, Mexico, the countries located
            in the Caribbean, and Bermuda, the Secretary of State, in
            consultation with the Secretary, is authorized to develop a
            travel document known as a Passport Card.
                (2) Issuance.--In accordance with the Western Hemisphere
            Travel Initiative carried out pursuant to section 7209 of the
            Intelligence Reform and Terrorism Prevention Act of 2004
            (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of
            State, in consultation with the Secretary, shall be authorized
            to issue to a citizen of the United States who submits an
            application in accordance with paragraph (5) a travel document
            that will serve as a Passport Card.
                (3) Applicability.--A Passport Card shall be deemed to be a
            United States passport for the purpose of United States laws
            and regulations relating to United States passports.
                (4) Validity.--A Passport Card shall be valid for the same
            period as a United States passport.
                (5) Limitation on use.--A Passport Card may only be used
            for the purpose of international travel by United States
            citizens through land and sea ports of entry between--
                        (A) the United States and Canada;
                        (B) the United States and Mexico; and
                        (C) the United States and a country located in the
                    Caribbean or Bermuda.
                (6) Application for issuance.--To be issued a Passport
            Card, a United States citizen shall submit an application to
            the Secretary of State. The Secretary of State shall require
            that such application shall contain the same information as is
            required to determine citizenship, identity, and eligibility
            for issuance of a United States passport.
                (7) Technology.--
                        (A) Expedited traveler programs.--To the maximum
                    extent practicable, a Passport Card shall be designed
                    and produced to provide a platform on which the
                    expedited traveler programs carried out by the
                    Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and
                    Register Traveler may be added. The Secretary of State
                    and the Secretary shall notify Congress not later than
                    July 1, 2007, if the technology to add expedited travel
                    features to the Passport Card is not developed by that
                    date.
                        (B) Technology.--The Secretary and the Secretary of
                    State shall establish a technology implementation plan
                    that accommodates desired technology requirements of
                    the Department of State and the Department, allows for
                    future technological innovations, and ensures maximum
                    facilitation at the northern and southern borders.
                (8) Specifications for card.--A Passport Card shall be
            easily portable and durable. The Secretary of State and the
            Secretary shall consult regarding the other technical
            specifications of the Card, including whether the security
            features of the Card could be combined with other existing
            identity documentation.
                (9) Fee.--
                        (A) In general.--An applicant for a Passport Card
                    shall submit an application under paragraph (6)
                    together with a nonrefundable fee in an amount to be
                    determined by the Secretary of State. Passport Card
                    fees shall be deposited as an offsetting collection to
                    the appropriate Department of State appropriation, to
                    remain available until expended.
                        (B) Limitation on fees.--
                                (i) In general.--The Secretary of State
                            shall seek to make the application fee under
                            this paragraph as low as possible.
                                (ii) Maximum fee without certification.--
                            Except as provided in clause (iii), the
                            application fee may not exceed $24.
                                (iii) Maximum fee with certification.--The
                            application fee may be not more than $34 if the
                            Secretary of State, the Secretary, and the
                            Postmaster General--
                                        (I) jointly certify to Congress
                                    that the cost to produce and issue a
                                    Passport Card significantly exceeds
                                    $24; and
                                        (II) provide a detailed cost
                                    analysis for such fee.
                        (C) Reduction of fee.--The Secretary of State shall
                    reduce the fee for a Passport Card for an individual
                    who submits an application for a Passport Card together
                    with an application for a United States passport.
                        (D) Waiver of fee for children.--The Secretary of
                    State shall waive the fee for a Passport Card for a
                    child under 18 years of age.
                        (E) Audit.--In the event that the fee for a
                    Passport Card exceeds $24, the Comptroller General of
                    the United States shall conduct an audit to determine
                    whether Passport Cards are issued at the lowest
                    possible cost.
                (10) Accessibility.--In order to make the Passport Card
            easily obtainable, an application for a Passport Card shall be
            accepted in the same manner and at the same locations as an
            application for a United States passport.
                (11) Rule of construction.--Nothing in this section shall
            be construed as limiting, altering, modifying, or otherwise
            affecting the validity of a United States passport. A United
            States citizen may possess a United States passport and a
            Passport Card.
        (d) State Enrollment Demonstration Program.--
                (1) In general.--Notwithstanding any other provisions of
            law, the Secretary of State and the Secretary shall enter into
            a memorandum of understanding with 1 or more appropriate States
            to carry out at least 1 demonstration program as follows:
                        (A) A State may include an individual's United
                    States citizenship status on a driver's license which
                    meets the requirements of section 202 of the REAL ID
                    Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
                    30301 note).
                        (B) The Secretary of State shall develop a
                    mechanism to communicate with a participating State to
                    verify the United States citizenship status of an
                    applicant who voluntarily seeks to have the applicant's
                    United States citizenship status included on a driver's
                    license.
                        (C) All information collected about the individual
                    shall be managed exclusively in the same manner as
                    information collected through a passport application
                    and no further distribution of such information shall
                    be permitted.
                        (D) A State may not require an individual to
                    include the individual's citizenship status on a
                    driver's license.
                        (E) Notwithstanding any other provision of law, a
                    driver's license which meets the requirements of this
                    paragraph shall be deemed to be sufficient
                    documentation to permit the bearer to enter the United
                    States from Canada or Mexico through not less than at
                    least 1 designated international border crossing in
                    each State participating in the demonstration program.
                (2) Rule of construction.--Nothing in this subsection shall
            have the effect of creating a national identity card.
                (3) Authority to expand.--The Secretary of State and the
            Secretary may expand the demonstration program under this
            subsection so that such program is carried out in additional
            States, through additional ports of entry, for additional
            foreign countries, and in a manner that permits the use of
            additional types of identification documents to prove identity
            under the program.
                (4) Study.--Not later than 6 months after the date that the
            demonstration program under this subsection is carried out, the
            Comptroller General of the United States shall conduct a study
            of--
                        (A) the cost of the production and issuance of
                    documents that meet the requirements of the program
                    compared with other travel documents;
                        (B) the impact of the program on the flow of cross-
                    border traffic and the economic impact of the program;
                    and
                        (C) the security of travel documents that meet the
                    requirements of the program compared with other travel
                    documents.
                (5) Reciprocity with canada.--Notwithstanding any other
            provision of law, if the Secretary of State and the Secretary
            certify that certain identity documents issued by Canada (or
            any of its provinces) meet security and citizenship standards
            comparable to the requirements described in paragraph (1), the
            Secretary may determine that such documents are sufficient to
            permit entry into the United States. The Secretary shall work,
            to the maximum extent possible, to ensure that identification
            documents issued by Canada that are used as described in this
            paragraph contain the same technology as identification
            documents issued by the United States (or any State).
                (6) Additional pilot programs.--To the maximum extent
            possible, the Secretary shall seek to conduct pilot programs
            related to Passport Cards and the State Enrollment
            Demonstration Program described in this subsection on the
            international border between the United States and Canada and
            the international border between the United States and Mexico.
        (e) Expedited Processing for Repeat Travelers.--
                (1) Land crossings.--To the maximum extent practicable at
            the United States border with Canada and the United States
            border with Mexico, the Secretary shall expand expedited
            traveler programs carried out by the Secretary to all ports of
            entry and should encourage citizens of the United States to
            participate in the preenrollment programs, as such programs
            assist border control officers of the United States in the
            fight against terrorism by increasing the number of known
            travelers crossing the border. The identities of such expedited
            travelers should be entered into a database of known travelers
            who have been subjected to in-depth background and watch-list
            checks to permit border control officers to focus more
            attention on unknown travelers, potential criminals, and
            terrorists. The Secretary, in consultation with the appropriate
            officials of the Government of Canada, shall equip at least 6
            additional northern border crossings with NEXUS technology and
            6 additional southern ports of entry with SENTRI technology.
                (2) Sea crossings.--The Commissioner of Customs and Border
            Patrol shall conduct and expand trusted traveler programs and
            pilot programs to facilitate expedited processing of United
            States citizens returning from pleasure craft trips in Canada,
            Mexico, the Caribbean, or Bermuda. One such program shall be
            conducted in Florida and modeled on the I-68 program.
        (f) Process for Individuals Lacking Appropriate Documents.--
                (1) In general.--The Secretary shall establish a program
            that satisfies section 7209 of the Intelligence Reform and
            Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C.
            1185 note)--
                        (A) to permit a citizen of the United States who
                    has not been issued a United States passport or other
                    appropriate travel document to cross the international
                    border and return to the United States for a time
                    period of not more than 72 hours, on a limited basis,
                    and at no additional fee; or
                        (B) to establish a process to ascertain the
                    identity of, and make admissibility determinations for,
                    a citizen described in paragraph (A) upon the arrival
                    of such citizen at an international border of the
                    United States.
                (2) Grace period.--During a time period determined by the
            Secretary, officers of the United States Customs and Border
            Patrol may permit citizens of the United States and Canada who
            are unaware of the requirements of section 7209 of the
            Intelligence Reform and Terrorism Prevention Act of 2004
            (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking
            appropriate documentation, to enter the United States upon a
            demonstration of citizenship satisfactory to the officer.
            Officers of the United States Customs and Border Patrol shall
            educate such individuals about documentary requirements.
        (g) Travel by Children.--Notwithstanding any other provision of
    law, the Secretary shall develop a procedure to accommodate groups of
    children traveling by land across an international border under adult
    supervision with parental consent without requiring a government-issued
    identity and citizenship document.
        (h) Public Promotion.--The Secretary of State, in consultation with
    the Secretary, shall develop and implement an outreach plan to inform
    United States citizens about the Western Hemisphere Travel Initiative
    and the provisions of this Act, to facilitate the acquisition of
    appropriate documentation to travel to Canada, Mexico, the countries
    located in the Caribbean, and Bermuda, and to educate United States
    citizens who are unaware of the requirements for such travel. Such
    outreach plan should include--
                (1) written notifications posted at or near public
            facilities, including border crossings, schools, libraries,
            Amtrak stations, and United States Post Offices located within
            50 miles of the international border between the United States
            and Canada or the international border between the United
            States and Mexico and other ports of entry;
                (2) provisions to seek consent to post such notifications
            on commercial property, such as offices of State departments of
            motor vehicles, gas stations, supermarkets, convenience stores,
            hotels, and travel agencies;
                (3) the collection and analysis of data to measure the
            success of the public promotion plan; and
                (4) additional measures as appropriate.
        (i) Certification.--Notwithstanding any other provision of law, the
    Secretary may not implement the plan described in section 7209(b) of
    the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
    Law 108-458; 8 U.S.C. 1185 note) until the later of June 1, 2009, or
    the date that is 3 months after the Secretary of State and the
    Secretary certify to Congress that--
                (1)(A) if the Secretary and the Secretary of State develop
            and issue Passport Cards under this section--
                        (i) such cards have been distributed to at least 90
                    percent of the eligible United States citizens who
                    applied for such cards during the 6-month period
                    beginning not earlier than the date the Secretary of
                    State began accepting applications for such cards and
                    ending not earlier than 10 days prior to the date of
                    certification;
                        (ii) Passport Cards are provided to applicants, on
                    average, within 4 weeks of application or within the
                    same period of time required to adjudicate a passport;
                    and
                        (iii) a successful pilot has demonstrated the
                    effectiveness of the Passport Card; or
                (B) if the Secretary and the Secretary of State do not
            develop and issue Passport Cards under this section and develop
            a program to issue an alternative document that satisfies the
            requirements of section 7209 of the Intelligence Reform and
            Terrorism Prevention Act of 2004, in addition to the NEXUS,
            SENTRI, FAST and Border Crossing Card programs, such
            alternative document is widely available and well publicized;
                (2) United States border crossings have been equipped with
            sufficient document readers and other technologies to ensure
            that implementation will not substantially slow the flow of
            traffic and persons across international borders;
                (3) officers of the Bureau of Customs and Border Protection
            have received training and been provided the infrastructure
            necessary to accept Passport Cards and all alternative identity
            documents at all United States border crossings; and
                (4) the outreach plan described in subsection (g) has been
            implemented and the Secretary determines such plan has been
            successful in providing information to United States citizens.
        (j) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of State and the Secretary such sums as
    may be necessary to carry out this section, and the amendment made by
    this section.

                 Subtitle D--Border Law Enforcement Relief Act

    SEC. 141. SHORT TITLE.

        This subtitle may be cited as the ``Border Law Enforcement Relief
    Act of 2007''.

    SEC. 142. FINDINGS.

        Congress finds the following:
                (1) It is the obligation of the Federal Government of the
            United States to adequately secure the Nation's borders and
            prevent the flow of undocumented persons and illegal drugs into
            the United States.
                (2) Despite the fact that the United States Border Patrol
            apprehends over 1,000,000 people each year trying to illegally
            enter the United States, according to the Congressional
            Research Service, the net growth in the number of unauthorized
            aliens has increased by approximately 500,000 each year. The
            Southwest border accounts for approximately 94 percent of all
            migrant apprehensions each year. Currently, there are an
            estimated 11,000,000 unauthorized aliens in the United States.
                (3) The border region is also a major corridor for the
            shipment of drugs. According to the El Paso Intelligence
            Center, 65 percent of the narcotics that are sold in the
            markets of the United States enter the country through the
            Southwest Border.
                (4) Border communities continue to incur significant costs
            due to the lack of adequate border security. A 2001 study by
            the United States-Mexico Border Counties Coalition found that
            law enforcement and criminal justice expenses associated with
            illegal immigration exceed $89,000,000 annually for the
            Southwest border counties.
                (5) In August 2005, the States of New Mexico and Arizona
            declared states of emergency in order to provide local law
            enforcement immediate assistance in addressing criminal
            activity along the Southwest border.
                (6) While the Federal Government provides States and
            localities assistance in covering costs related to the
            detention of certain criminal aliens and the prosecution of
            Federal drug cases, local law enforcement along the border are
            provided no assistance in covering such expenses and must use
            their limited resources to combat drug trafficking, human
            smuggling, kidnappings, the destruction of private property,
            and other border-related crimes.
                (7) The United States shares 5,525 miles of border with
            Canada and 1,989 miles with Mexico. Many of the local law
            enforcement agencies located along the border are small, rural
            departments charged with patrolling large areas of land.
            Counties along the Southwest United States-Mexico border are
            some of the poorest in the country and lack the financial
            resources to cover the additional costs associated with illegal
            immigration, drug trafficking, and other border-related crimes.
                (8) Federal assistance is required to help local law
            enforcement operating along the border address the unique
            challenges that arise as a result of their proximity to an
            international border and the lack of overall border security in
            the region

    SEC. 143. BORDER RELIEF GRANT PROGRAM.

        (a) Grants Authorized.--
                (1) In general.--The Secretary is authorized to award
            grants, subject to the availability of appropriations, to an
            eligible law enforcement agency to provide assistance to such
            agency to address--
                        (A) criminal activity that occurs in the
                    jurisdiction of such agency by virtue of such agency's
                    proximity to the United States border; and
                        (B) the impact of any lack of security along the
                    United States border.
                (2) Duration.--Grants may be awarded under this subsection
            during fiscal years 2008 through 2012.
                (3) Competitive basis.--The Secretary shall award grants
            under this subsection on a competitive basis, except that the
            Secretary shall give priority to applications from any eligible
            law enforcement agency serving a community--
                        (A) with a population of less than 50,000; and
                        (B) located no more than 100 miles from a United
                    States border with--
                                (i) Canada; or
                                (ii) Mexico.
        (b) Use of Funds.--Grants awarded pursuant to subsection (a) may
    only be used to provide additional resources for an eligible law
    enforcement agency to address criminal activity occurring along any
    such border, including--
                (1) to obtain equipment;
                (2) to hire additional personnel;
                (3) to upgrade and maintain law enforcement technology;
                (4) to cover operational costs, including overtime and
            transportation costs; and
                (5) such other resources as are available to assist that
            agency.
        (c) Application.--
                (1) In general.--Each eligible law enforcement agency
            seeking a grant under this section shall submit an application
            to the Secretary at such time, in such manner, and accompanied
            by such information as the Secretary may reasonably require.
                (2) Contents.--Each application submitted pursuant to
            paragraph (1) shall--
                        (A) describe the activities for which assistance
                    under this section is sought; and
                        (B) provide such additional assurances as the
                    Secretary determines to be essential to ensure
                    compliance with the requirements of this section.
        (d) Definitions.--For the purposes of this section:
                (1) Eligible law enforcement agency.--The term ``eligible
            law enforcement agency'' means a tribal, State, or local law
            enforcement agency--
                        (A) located in a county no more than 100 miles from
                    a United States border with--
                                (i) Canada; or
                                (ii) Mexico; or
                        (B) located in a county more than 100 miles from
                    any such border, but where such county has been
                    certified by the Secretary as a High Impact Area.
                (2) High impact area.--The term ``High Impact Area'' means
            any county designated by the Secretary as such, taking into
            consideration--
                        (A) whether local law enforcement agencies in that
                    county have the resources to protect the lives,
                    property, safety, or welfare of the residents of that
                    county;
                        (B) the relationship between any lack of security
                    along the United States border and the rise, if any, of
                    criminal activity in that county; and
                        (C) any other unique challenges that local law
                    enforcement face due to a lack of security along the
                    United States border.
        (e) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated
            $50,000,000 for each of fiscal years 2008 through 2012 to carry
            out the provisions of this section.
                (2) Division of authorized funds.--Of the amounts
            authorized under paragraph (1)--
                        (A) \2/3\ shall be set aside for eligible law
                    enforcement agencies located in the 6 States with the
                    largest number of undocumented alien apprehensions; and
                        (B) \1/3\ shall be set aside for areas designated
                    as a High Impact Area under subsection (d).
        (f) Supplement Not Supplant.--Amounts appropriated for grants under
    this section shall be used to supplement and not supplant other State
    and local public funds obligated for the purposes provided under this
    title.

    SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

        Nothing in this subtitle shall be construed to authorize State or
    local law enforcement agencies or their officers to exercise Federal
    immigration law enforcement authority.

                      Subtitle E--Rapid Response Measures

    SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.

        (a) Emergency Deployment of Border Patrol Agents.--
                (1) In general.--If the Governor of a State on an
            international border of the United States declares an
            international border security emergency and requests additional
            United States Border Patrol agents (referred to in this
            subtitle as ``agents'') from the Secretary, the Secretary,
            subject to paragraphs (1) and (2), may provide the State with
            not more than 1,000 additional agents for the purpose of
            patrolling and defending the international border, in order to
            prevent individuals from crossing the international border into
            the United States at any location other than an authorized port
            of entry.
                (2) Consultation.--Upon receiving a request for agents
            under paragraph (1), the Secretary, after consultation with the
            President, shall grant such request to the extent that
            providing such agents will not significantly impair the
            Department's ability to provide border security for any other
            State.
                (3) Collective bargaining.--Emergency deployments under
            this subsection shall be made in accordance with all applicable
            collective bargaining agreements and obligations.
        (b) Elimination of Fixed Deployment of Border Patrol Agents.--The
    Secretary shall ensure that agents are not precluded from performing
    patrol duties and apprehending violators of law, except in unusual
    circumstances if the temporary use of fixed deployment positions is
    necessary.
        (c) Increase in Full-Time Border Patrol Agents.--Section 5202(a)(1)
    of the Intelligence Reform and Terrorism Prevention Act of 2004 (118
    Stat. 3734), as amended by section 101(b)(2), is further amended by
    striking ``2,000'' and inserting ``3,000''.

    SEC. 152. BORDER PATROL MAJOR ASSETS.

        (a) Control of Border Patrol Assets.--The United States Border
    Patrol shall have complete and exclusive administrative and operational
    control over all the assets utilized in carrying out its mission,
    including, aircraft, watercraft, vehicles, detention space,
    transportation, and all of the personnel associated with such assets.
        (b) Helicopters and Power Boats.--
                (1) Helicopters.--The Secretary shall increase, by not less
            than 100, the number of helicopters under the control of the
            United States Border Patrol. The Secretary shall ensure that
            appropriate types of helicopters are procured for the various
            missions being performed.
                (2) Power boats.--The Secretary shall increase, by not less
            than 250, the number of power boats under the control of the
            United States Border Patrol. The Secretary shall ensure that
            the types of power boats that are procured are appropriate for
            both the waterways in which they are used and the mission
            requirements.
                (3) Use and training.--The Secretary shall--
                        (A) establish an overall policy on how the
                    helicopters and power boats procured under this
                    subsection will be used; and
                        (B) implement training programs for the agents who
                    use such assets, including safe operating procedures
                    and rescue operations.
        (c) Motor Vehicles.--
                (1) Quantity.--The Secretary shall establish a fleet of
            motor vehicles appropriate for use by the United States Border
            Patrol that will permit a ratio of not less than 1 police-type
            vehicle for every 3 agents. These police-type vehicles shall be
            replaced not less than every 3 years. The Secretary shall
            ensure that there are sufficient numbers and types of other
            motor vehicles to support the mission of the United States
            Border Patrol.
                (2) Features.--All motor vehicles purchased for the United
            States Border Patrol shall--
                        (A) be appropriate for the mission of the United
                    States Border Patrol; and
                        (B) have a panic button and a global positioning
                    system device that is activated solely in emergency
                    situations to track the location of agents in distress.

    SEC. 153. ELECTRONIC EQUIPMENT.

        (a) Portable Computers.--The Secretary shall ensure that each
    police-type motor vehicle in the fleet of the United States Border
    Patrol is equipped with a portable computer with access to all
    necessary law enforcement databases and otherwise suited to the unique
    operational requirements of the United States Border Patrol.
        (b) Radio Communications.--The Secretary shall augment the existing
    radio communications system so that all law enforcement personnel
    working in each area where United States Border Patrol operations are
    conducted have clear and encrypted 2-way radio communication
    capabilities at all times. Each portable communications device shall be
    equipped with a panic button and a global positioning system device
    that is activated solely in emergency situations to track the location
    of agents in distress.
        (c) Hand-Held Global Positioning System Devices.--The Secretary
    shall ensure that each United States Border Patrol agent is issued a
    state-of-the-art hand-held global positioning system device for
    navigational purposes.
        (d) Night Vision Equipment.--The Secretary shall ensure that
    sufficient quantities of state-of-the-art night vision equipment are
    procured and maintained to enable each United States Border Patrol
    agent working during the hours of darkness to be equipped with a
    portable night vision device.

    SEC. 154. PERSONAL EQUIPMENT.

        (a) Border Armor.--The Secretary shall ensure that every agent is
    issued high-quality body armor that is appropriate for the climate and
    risks faced by the agent. Each agent shall be permitted to select from
    among a variety of approved brands and styles. Agents shall be strongly
    encouraged, but not required, to wear such body armor whenever
    practicable. All body armor shall be replaced not less than every 5
    years.
        (b) Weapons.--The Secretary shall ensure that agents are equipped
    with weapons that are reliable and effective to protect themselves,
    their fellow agents, and innocent third parties from the threats posed
    by armed criminals. The Secretary shall ensure that the policies of the
    Department authorize all agents to carry weapons that are suited to the
    potential threats that they face.
        (c) Uniforms.--The Secretary shall ensure that all agents are
    provided with all necessary uniform items, including outerwear suited
    to the climate, footwear, belts, holsters, and personal protective
    equipment, at no cost to such agents. Such items shall be replaced at
    no cost to such agents as they become worn, unserviceable, or no longer
    fit properly.

    SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary such sums
    as may be necessary for each of the fiscal years 2008 through 2012 to
    carry out this subtitle.

                         TITLE II--INTERIOR ENFORCEMENT

    SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

        (a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C. 1158(b)(2)(A)(v)) is
    amended by striking ``or (VI)'' and inserting ``(V), (VI), (VII), or
    (VIII)''.
        (b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
    1229b(c)(4)) is amended--
                (1) by striking ``inadmissible under'' and inserting
            ``described in''; and
                (2) by striking ``deportable under'' and inserting
            ``described in''.
        (c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
    1229c(b)(1)(C)) is amended by striking ``deportable under section
    237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting ``described in
    paragraph (2)(A)(iii) or (4) of section 237(a)''.
        (d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C.
    1231(b)(3)(B)) is amended--
                (1) in clause (iii), by striking ``or'' at the end;
                (2) in clause (iv) by striking the period at the end and
            inserting ``; or'';
                (3) by inserting after clause (iv) the following:
                                ``(v) the alien is described in section
                            237(a)(4)(B) (other than an alien described in
                            section 212(a)(3)(B)(i)(IV) if the Secretary of
                            Homeland Security determines that there are not
                            reasonable grounds for regarding the alien as a
                            danger to the security of the United
                            States).''; and
                (4) in the undesignated paragraph, by striking ``For
            purposes of clause (iv), an alien who is described in section
            237(a)(4)(B) shall be considered to be an alien with respect to
            whom there are reasonable grounds for regarding as a danger to
            the security of the United States.''.
        (e) Record of Admission.--Section 249 (8 U.S.C. 1259) is amended to
    read as follows:

    ``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF
                  CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO
                  JANUARY 1, 1972.

        ``A record of lawful admission for permanent residence may be made,
    in the discretion of the Secretary of Homeland Security and under such
    regulations as the Secretary may prescribe, for any alien, as of the
    date of the approval of the alien's application or, if entry occurred
    before July 1, 1924, as of the date of such entry if no such record is
    otherwise available, if the alien establishes that the alien--
                ``(1) is not described in section 212(a)(3)(E) or in
            section 212(a) (insofar as it relates to criminals, procurers,
            other immoral persons, subversives, violators of the narcotics
            laws, or smugglers of aliens);
                ``(2) entered the United States before January 1, 1972;
                ``(3) has resided in the United States continuously since
            such entry;
                ``(4) is a person of good moral character;
                ``(5) is not ineligible for citizenship; and
                ``(6) is not described in section 237(a)(4)(B).''.
        (f) Effective Date and Application.--The amendments made by this
    section shall--
                (1) take effect on the date of the enactment of this Act;
            and
                (2) apply to any act or condition constituting a ground for
            inadmissibility, excludability, or removal occurring or
            existing on or after the date of the enactment of this Act.

    SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

        (a) In General.--
                (1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is
            amended--
                        (A) by striking ``Attorney General'' the first
                    place it appears and inserting ``Secretary of Homeland
                    Security'';
                        (B) by striking ``Attorney General'' any other
                    place it appears and inserting ``Secretary'';
                        (C) in paragraph (1)--
                                (i) in subparagraph (B), by amending clause
                            (ii) to read as follows:
                                ``(ii) If a court, the Board of Immigration
                            Appeals, or an immigration judge orders a stay
                            of the removal of the alien, the expiration
                            date of the stay of removal.'';
                                (ii) by amending subparagraph (C) to read
                            as follows:
                        ``(C) Extension of period.--The removal period
                    shall be extended beyond a period of 90 days and the
                    alien may remain in detention during such extended
                    period if the alien fails or refuses to--
                                ``(i) make all reasonable efforts to comply
                            with the removal order; or
                                ``(ii) fully cooperate with the Secretary's
                            efforts to establish the alien's identity and
                            carry out the removal order, including failing
                            to make timely application in good faith for
                            travel or other documents necessary to the
                            alien's departure, or conspiring or acting to
                            prevent the alien's removal.''; and
                                (iii) by adding at the end the following:
                        ``(D) Tolling of period.--If, at the time described
                    in subparagraph (B), the alien is not in the custody of
                    the Secretary under the authority of this Act, the
                    removal period shall not begin until the alien is taken
                    into such custody. If the Secretary lawfully transfers
                    custody of the alien during the removal period to
                    another Federal agency or to a State or local
                    government agency in connection with the official
                    duties of such agency, the removal period shall be
                    tolled, and shall recommence on the date on which the
                    alien is returned to the custody of the Secretary.'';
                        (D) in paragraph (2), by adding at the end the
                    following: ``If a court, the Board of Immigration
                    Appeals, or an immigration judge orders a stay of
                    removal of an alien who is subject to an administrative
                    final order of removal, the Secretary, in the exercise
                    of discretion, may detain the alien during the pendency
                    of such stay of removal.'';
                        (E) in paragraph (3), by amending subparagraph (D)
                    to read as follows:
                        ``(D) to obey reasonable restrictions on the
                    alien's conduct or activities, or to perform
                    affirmative acts, that the Secretary prescribes for the
                    alien--
                                ``(i) to prevent the alien from absconding;
                                ``(ii) for the protection of the community;
                            or
                                ``(iii) for other purposes related to the
                            enforcement of the immigration laws.'';
                        (F) in paragraph (6), by striking ``removal period
                    and, if released,'' and inserting ``removal period, in
                    the discretion of the Secretary, without any
                    limitations other than those specified in this section,
                    until the alien is removed. If an alien is released,
                    the alien'';
                        (G) by redesignating paragraph (7) as paragraph
                    (10); and
                        (H) by inserting after paragraph (6) the following:
                ``(7) Parole.--If an alien detained pursuant to paragraph
            (6) is an applicant for admission, the Secretary of Homeland
            Security, in the Secretary's discretion, may parole the alien
            under section 212(d)(5) and may provide, notwithstanding
            section 212(d)(5), that the alien shall not be returned to
            custody unless either the alien violates the conditions of the
            alien's parole or the alien's removal becomes reasonably
            foreseeable, provided that in no circumstance shall such alien
            be considered admitted.
                ``(8) Additional rules for detention or release of
            aliens.--The following procedures shall apply to an alien
            detained under this section:
                        ``(A) Detention review process for aliens who have
                    effected an entry and fully cooperate with removal.--
                    The Secretary of Homeland Security shall establish an
                    administrative review process to determine whether an
                    alien described in subparagraph (B) should be detained
                    or released after the removal period in accordance with
                    this paragraph.
                        ``(B) Alien described.--An alien is described in
                    this subparagraph if the alien--
                                ``(i) has effected an entry into the United
                            States;
                                ``(ii) has made all reasonable efforts to
                            comply with the alien's removal order;
                                ``(iii) has cooperated fully with the
                            Secretary's efforts to establish the alien's
                            identity and to carry out the removal order,
                            including making timely application in good
                            faith for travel or other documents necessary
                            for the alien's departure; and
                                ``(iv) has not conspired or acted to
                            prevent removal.
                        ``(C) Evidence.--In making a determination under
                    subparagraph (A), the Secretary--
                                ``(i) shall consider any evidence submitted
                            by the alien;
                                ``(ii) may consider any other evidence,
                            including--
                                        ``(I) any information or assistance
                                    provided by the Department of State or
                                    other Federal agency; and
                                        ``(II) any other information
                                    available to the Secretary pertaining
                                    to the ability to remove the alien.
                        ``(D) Authority to detain for 90 days beyond
                    removal period.--The Secretary, in the exercise of the
                    Secretary's discretion and without any limitations
                    other than those specified in this section, may detain
                    an alien for 90 days beyond the removal period
                    (including any extension of the removal period under
                    paragraph (1)(C)).
                        ``(E) Authority to detain for additional period.--
                    The Secretary, in the exercise of the Secretary's
                    discretion and without any limitations other than those
                    specified in this section, may detain an alien beyond
                    the 90-day period authorized under subparagraph (D)
                    until the alien is removed, if the Secretary--
                                ``(i) determines that there is a
                            significant likelihood that the alien will be
                            removed in the reasonably foreseeable future;
                            or
                                ``(ii) certifies in writing--
                                        ``(I) in consultation with the
                                    Secretary of Health and Human Services,
                                    that the alien has a highly contagious
                                    disease that poses a threat to public
                                    safety;
                                        ``(II) after receipt of a written
                                    recommendation from the Secretary of
                                    State, that the release of the alien
                                    would likely have serious adverse
                                    foreign policy consequences for the
                                    United States;
                                        ``(III) based on information
                                    available to the Secretary (including
                                    classified, sensitive, or national
                                    security information, and regardless of
                                    the grounds upon which the alien was
                                    ordered removed), that there is reason
                                    to believe that the release of the
                                    alien would threaten the national
                                    security of the United States;
                                        ``(IV) that--
                                                ``(aa) the release of the
                                            alien would threaten the safety
                                            of the community or any person,
                                            and conditions of release
                                            cannot reasonably be expected
                                            to ensure the safety of the
                                            community or any person; and
                                                ``(bb) the alien--

                                                        ``(AA) has been
                                                    convicted of 1 or more
                                                    aggravated felonies (as
                                                    defined in section
                                                    101(a)(43)(A)), or of 1
                                                    or more attempts or
                                                    conspiracies to commit
                                                    any such aggravated
                                                    felonies for an
                                                    aggregate term of
                                                    imprisonment of at
                                                    least 5 years; or

                                                        ``(BB) has
                                                    committed a crime of
                                                    violence (as defined in
                                                    section 16 of title 18,
                                                    United States Code, but
                                                    not including a purely
                                                    political offense) and,
                                                    because of a mental
                                                    condition or
                                                    personality disorder
                                                    and behavior associated
                                                    with that condition or
                                                    disorder, is likely to
                                                    engage in acts of
                                                    violence in the future;
                                                    or

                                        ``(V) that--
                                                ``(aa) the release of the
                                            alien would threaten the safety
                                            of the community or any person,
                                            notwithstanding conditions of
                                            release designed to ensure the
                                            safety of the community or any
                                            person; and
                                                ``(bb) the alien has been
                                            convicted of 1 or more
                                            aggravated felonies (as defined
                                            in section 101(a)(43)) for
                                            which the alien was sentenced
                                            to an aggregate term of
                                            imprisonment of not less than 1
                                            year.
                        ``(F) Administrative review process.--The
                    Secretary, without any limitations other than those
                    specified in this section, may detain an alien pending
                    a determination under subparagraph (E)(ii), if the
                    Secretary has initiated the administrative review
                    process identified in subparagraph (A) not later than
                    30 days after the expiration of the removal period
                    (including any extension of the removal period under
                    paragraph (1)(C)).
                        ``(G) Renewal and delegation of certification.--
                                ``(i) Renewal.--The Secretary may renew a
                            certification under subparagraph (E)(ii) every
                            6 months, without limitation, after providing
                            the alien with an opportunity to request
                            reconsideration of the certification and to
                            submit documents or other evidence in support
                            of that request. If the Secretary does not
                            renew such certification, the Secretary shall
                            release the alien, pursuant to subparagraph
                            (H).
                                ``(ii) Delegation.--Notwithstanding any
                            other provision of law, the Secretary may not
                            delegate the authority to make or renew a
                            certification described in subclause (II),
                            (III), or (V) of subparagraph (E)(ii) to any
                            employee reporting to the Assistant Secretary
                            for Immigration and Customs Enforcement.
                                ``(iii) Hearing.--The Secretary may request
                            that the Attorney General, or a designee of the
                            Attorney General, provide for a hearing to make
                            the determination described in subparagraph
                            (E)(ii)(IV)(bb)(BB).
                        ``(H) Release on conditions.--If it is determined
                    that an alien should be released from detention, the
                    Secretary may, in the Secretary's discretion, impose
                    conditions on release in accordance with the
                    regulations prescribed pursuant to paragraph (3).
                        ``(I) Redetention.--The Secretary, without any
                    limitations other than those specified in this section,
                    may detain any alien subject to a final removal order
                    who has previously been released from custody if--
                                ``(i) the alien fails to comply with the
                            conditions of release;
                                ``(ii) the alien fails to continue to
                            satisfy the conditions described in
                            subparagraph (B); or
                                ``(iii) upon reconsideration, the Secretary
                            determines that the alien can be detained under
                            subparagraph (E).
                        ``(J) Applicability.--This paragraph and paragraphs
                    (6) and (7) shall apply to any alien returned to
                    custody under subparagraph (I) as if the removal period
                    terminated on the day of the redetention.
                        ``(K) Detention review process for aliens who have
                    effected an entry and fail to cooperate with removal.--
                    The Secretary shall detain an alien until the alien
                    makes all reasonable efforts to comply with a removal
                    order and to cooperate fully with the Secretary's
                    efforts, if the alien--
                                ``(i) has effected an entry into the United
                            States; and
                                ``(ii)(I) and the alien faces a significant
                            likelihood that the alien will be removed in
                            the reasonably foreseeable future, or would
                            have been removed if the alien had not--
                                        ``(aa) failed or refused to make
                                    all reasonable efforts to comply with a
                                    removal order;
                                        ``(bb) failed or refused to fully
                                    cooperate with the Secretary's efforts
                                    to establish the alien's identity and
                                    carry out the removal order, including
                                    the failure to make timely application
                                    in good faith for travel or other
                                    documents necessary to the alien's
                                    departure; or
                                        ``(cc) conspired or acted to
                                    prevent removal; or
                                ``(II) the Secretary makes a certification
                            as specified in subparagraph (E), or the
                            renewal of a certification specified in
                            subparagraph (G).
                        ``(L) Detention review process for aliens who have
                    not effected an entry.--Except as otherwise provided in
                    this subparagraph, the Secretary shall follow the
                    guidelines established in section 241.4 of title 8,
                    Code of Federal Regulations, when detaining aliens who
                    have not effected an entry. The Secretary may decide to
                    apply the review process outlined in this paragraph.
                ``(9) Judicial review.--Without regard to the place of
            confinement, judicial review of any action or decision made
            pursuant to paragraph (6), (7), or (8) shall be available
            exclusively in a habeas corpus proceeding brought in a United
            States district court and only if the alien has exhausted all
            administrative remedies available to the alien as of right.''.
                (2) Effective date.--The amendments made by paragraph (1)--
                        (A) shall take effect on the date of the enactment
                    of this Act; and
                        (B) shall apply to--
                                (i) any alien subject to a final
                            administrative removal, deportation, or
                            exclusion order that was issued before, on, or
                            after the date of the enactment of this Act;
                            and
                                (ii) any act or condition occurring or
                            existing before, on, or after the date of the
                            enactment of this Act.
        (b) Criminal Detention of Aliens.--Section 3142 of title 18, United
    States Code, is amended--
                (1) in subsection (e)--
                        (A) by redesignating paragraphs (1), (2), and (3)
                    as subparagraphs (A), (B), and (C), respectively;
                        (B) by inserting ``(1)'' before ``If, after a
                    hearing'';
                        (C) in subparagraphs (B) and (C), as redesignated,
                    by striking ``paragraph (1)'' and inserting
                    ``subparagraph (A)''; and
                        (D) by adding after subparagraph (C), as
                    redesignated, the following:
        ``(2) Subject to rebuttal by the person, it shall be presumed that
    no condition or combination of conditions will reasonably assure the
    appearance of the person as required if the judicial officer finds that
    there is probable cause to believe that the person--
                ``(A) is an alien; and
                ``(B)(i) has no lawful immigration status in the United
            States;
                ``(ii) is the subject of a final order of removal; or
                ``(iii) has committed a felony offense under section 911,
            922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter 75
            or 77 of this title, or section 243, 274, 275, 276, 277, or 278
            of the Immigration and Nationality Act (8 U.S.C. 1253, 1324,
            1325, 1326, 2327, and 1328).''; and
                (2) in subsection (g)(3)--
                        (A) in subparagraph (A), by striking ``and'' at the
                    end; and
                        (B) by adding at the end the following:
                        ``(C) the person's immigration status; and''.

    SEC. 203. AGGRAVATED FELONY.

        (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C.
    1101(a)(43)) is amended--
                (1) by striking ``The term `aggravated felony' means--''
            and inserting ``Notwithstanding any other provision of law
            (except for the provision providing an effective date for
            section 203 of the Comprehensive Immigration Reform Act of
            2007), the term `aggravated felony' applies to an offense
            described in this paragraph, whether in violation of Federal or
            State law and to such an offense in violation of the law of a
            foreign country, for which the term of imprisonment was
            completed within the previous 15 years, even if the length of
            the term of imprisonment is based on recidivist or other
            enhancements and regardless of whether the conviction was
            entered before, on, or after September 30, 1996, and
            means--'';
                (2) in subparagraph (A), by striking ``murder, rape, or
            sexual abuse of a minor;'' and inserting ``murder, rape, or
            sexual abuse of a minor, whether or not the minority of the
            victim is established by evidence contained in the record of
            conviction or by evidence extrinsic to the record of
            conviction;'';
                (3) in subparagraph (N), by striking ``paragraph (1)(A) or
            (2) of'';
                (4) in subparagraph (O), by striking ``section 275(a) or
            276 committed by an alien who was previously deported on the
            basis of a conviction for an offense described in another
            subparagraph of this paragraph'' and inserting ``section 275 or
            276 for which the term of imprisonment is at least 1 year'';
                (5) in subparagraph (U), by striking ``an attempt or
            conspiracy to commit an offense described in this paragraph''
            and inserting ``aiding or abetting an offense described in this
            paragraph, or soliciting, counseling, procuring, commanding, or
            inducing another, attempting, or conspiring to commit such an
            offense''; and
                (6) by striking the undesignated matter following
            subparagraph (U).
        (b) Effective Date and Application.--
                (1) In general.--The amendments made by subsection (a)
            shall--
                        (A) take effect on the date of the enactment of
                    this Act; and
                        (B) apply to any act that occurred on or after the
                    date of the enactment of this Act.
                (2) Application of iiraira amendments.--The amendments to
            section 101(a)(43) of the Immigration and Nationality Act made
            by section 321 of the Illegal Immigration Reform and Immigrant
            Responsibility Act of 1996 (division C of Public Law 104-208;
            110 Stat. 3009-627) shall continue to apply, whether the
            conviction was entered before, on, or after September 30, 1996.

    SEC. 204. TERRORIST BARS.

        (a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C.
    1101(f)) is amended--
                (1) by inserting after paragraph (1) the following:
                ``(2) an alien described in section 212(a)(3) or 237(a)(4),
            as determined by the Secretary of Homeland Security or Attorney
            General based upon any relevant information or evidence,
            including classified, sensitive, or national security
            information;'';
                (2) in paragraph (8), by striking ``(as defined in
            subsection (a)(43))'' and inserting the following: ``,
            regardless of whether the crime was defined as an aggravated
            felony under subsection (a)(43) at the time of the conviction,
            unless--
                        ``(A) the person completed the term of imprisonment
                    and sentence not later than 10 years before the date of
                    application; and
                        ``(B) the Secretary of Homeland Security or the
                    Attorney General waives the application of this
                    paragraph; or''; and
                (3) in the undesignated matter following paragraph (9), by
            striking ``a finding that for other reasons such person is or
            was not of good moral character'' and inserting the following:
            ``a discretionary finding for other reasons that such a person
            is or was not of good moral character. In determining an
            applicant's moral character, the Secretary of Homeland Security
            and the Attorney General may take into consideration the
            applicant's conduct and acts at any time and are not limited to
            the period during which good moral character is required.''.
        (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) is
    amended by adding at the end the following: ``A petition may not be
    approved under this section if there is any administrative or judicial
    proceeding (whether civil or criminal) pending against the petitioner
    that could directly or indirectly result in the petitioner's
    denaturalization or the loss of the petitioner's lawful permanent
    resident status.''.
        (c) Conditional Permanent Resident Status.--
                (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
            amended by inserting ``if the alien has had the conditional
            basis removed pursuant to this section'' before the period at
            the end.
                (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
            1186b(e)) is amended by inserting ``if the alien has had the
            conditional basis removed pursuant to this section'' before the
            period at the end.
        (d) Judicial Review of Naturalization Applications.--Section 310(c)
    (8 U.S.C. 1421(c)) is amended--
                (1) by inserting ``, not later than 120 days after the
            Secretary of Homeland Security's final determination,'' after
            ``may''; and
                (2) by adding at the end the following: ``Except that in
            any proceeding, other than a proceeding under section 340, the
            court shall review for substantial evidence the administrative
            record and findings of the Secretary of Homeland Security
            regarding whether an alien is a person of good moral character,
            understands and is attached to the principles of the
            Constitution of the United States, or is well disposed to the
            good order and happiness of the United States. The petitioner
            shall have the burden of showing that the Secretary's denial of
            the application was contrary to law.''.
        (e) Persons Endangering National Security.--Section 316 (8 U.S.C.
    1427) is amended by adding at the end the following:
        ``(g) Persons Endangering the National Security.--A person may not
    be naturalized if the Secretary of Homeland Security determines, based
    upon any relevant information or evidence, including classified,
    sensitive, or national security information, that the person was once
    an alien described in section 212(a)(3) or 237(a)(4).''.
        (f) Concurrent Naturalization and Removal Proceedings.--Section 318
    (8 U.S.C. 1429) is amended by striking ``the Attorney General if'' and
    all that follows and inserting: ``the Secretary of Homeland Security or
    any court if there is pending against the applicant any removal
    proceeding or other proceeding to determine the applicant's
    inadmissibility or deportability, or to determine whether the
    applicant's lawful permanent resident status should be rescinded,
    regardless of when such proceeding was commenced. The findings of the
    Attorney General in terminating removal proceedings or canceling the
    removal of an alien under this Act shall not be deemed binding in any
    way upon the Secretary of Homeland Security with respect to the
    question of whether such person has established eligibility for
    naturalization in accordance with this title.''.
        (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 1447(b))
    is amended to read as follows:
        ``(b) Request for Hearing Before District Court.--If there is a
    failure to render a final administrative decision under section 335
    before the end of the 180-day period beginning on the date on which the
    Secretary of Homeland Security completes all examinations and
    interviews required under such section, the applicant may apply to the
    district court for the district in which the applicant resides for a
    hearing on the matter. The Secretary shall notify the applicant when
    such examinations and interviews have been completed. Such district
    court shall only have jurisdiction to review the basis for delay and
    remand the matter, with appropriate instructions, to the Secretary for
    the Secretary's determination on the application.''.
        (h) Effective Date.--The amendments made by this section--
                (1) shall take effect on the date of the enactment of this
            Act; and
                (2) shall apply to any act that occurred on or after such
            date of enactment.

    SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE,
                  REMOVAL, AND ALIEN SMUGGLING.

        (a) Criminal Street Gangs.--
                (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
            1182(a)(2)) is amended--
                        (A) by redesignating subparagraph (F) as
                    subparagraph (J); and
                        (B) by inserting after subparagraph (E) the
                    following:
                        ``(F) Members of criminal street gangs.--Unless the
                    Secretary of Homeland Security or the Attorney General
                    waives the application of this subparagraph, any alien
                    who a consular officer, the Attorney General, or the
                    Secretary of Homeland Security knows or has reason to
                    believe--
                                ``(i) is, or has been, a member of a
                            criminal street gang (as defined in section
                            521(a) of title 18, United States Code); or
                                ``(ii) has participated in the activities
                            of a criminal street gang, knowing or having
                            reason to know that such activities promoted,
                            furthered, aided, or supported the illegal
                            activity of the criminal gang,
                    is inadmissible.''.
                (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
            is amended by adding at the end the following:
                        ``(F) Members of criminal street gangs.--Unless the
                    Secretary of Homeland Security or the Attorney General
                    waives the application of this subparagraph, any alien
                    who the Secretary of Homeland Security or the Attorney
                    General knows or has reason to believe--
                                ``(i) is, or at any time after admission
                            has been, a member of a criminal street gang
                            (as defined in section 521(a) of title 18,
                            United States Code); or
                                ``(ii) has participated in the activities
                            of a criminal street gang, knowing or having
                            reason to know that such activities promoted,
                            furthered, aided, or supported the illegal
                            activity of the criminal gang,
                    is deportable.''.
                (3) Temporary protected status.--Section 244 (8 U.S.C.
            1254a) is amended--
                        (A) by striking ``Attorney General'' each place it
                    appears and inserting ``Secretary of Homeland
                    Security'';
                        (B) in subsection (b)(3)--
                                (i) in subparagraph (B), by striking the
                            last sentence and inserting the following:
                            ``Notwithstanding any other provision of this
                            section, the Secretary of Homeland Security
                            may, for any reason (including national
                            security), terminate or modify any designation
                            under this section. Such termination or
                            modification is effective upon publication in
                            the Federal Register, or after such time as the
                            Secretary may designate in the Federal
                            Register.'';
                                (ii) in subparagraph (C), by striking ``a
                            period of 12 or 18 months'' and inserting ``any
                            other period not to exceed 18 months'';
                        (C) in subsection (c)--
                                (i) in paragraph (1)(B), by striking ``The
                            amount of any such fee shall not exceed $50.'';
                                (ii) in paragraph (2)(B)--
                                        (I) in clause (i), by striking ``,
                                    or'' at the end;
                                        (II) in clause (ii), by striking
                                    the period at the end and inserting ``;
                                    or''; and
                                        (III) by adding at the end the
                                    following:
                                ``(iii) the alien is, or at any time after
                            admission has been, a member of a criminal
                            street gang (as defined in section 521(a) of
                            title 18, United States Code).''; and
                        (D) in subsection (d)--
                                (i) by striking paragraph (3); and
                                (ii) in paragraph (4), by adding at the end
                            the following: ``The Secretary of Homeland
                            Security may detain an alien provided temporary
                            protected status under this section whenever
                            appropriate under any other provision of
                            law.''.
        (b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is
    amended--
                (1) in subsection (a)(1)--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``212(a) or'' after ``section''; and
                        (B) in the matter following subparagraph (D)--
                                (i) by striking ``or imprisoned not more
                            than four years'' and inserting ``and
                            imprisoned for not less than 6 months or more
                            than 5 years''; and
                                (ii) by striking ``, or both'';
                (2) in subsection (b), by striking ``not more than $1000 or
            imprisoned for not more than one year, or both'' and inserting
            ``under title 18, United States Code, and imprisoned for not
            less than 6 months or more than 5 years (or for not more than
            10 years if the alien is a member of any of the classes
            described in paragraphs (1)(E), (2), (3), and (4) of section
            237(a)).''; and
                (3) by amending subsection (d) to read as follows:
        ``(d) Denying Visas to Nationals of Country Denying or Delaying
    Accepting Alien.--The Secretary of Homeland Security, after making a
    determination that the government of a foreign country has denied or
    unreasonably delayed accepting an alien who is a citizen, subject,
    national, or resident of that country after the alien has been ordered
    removed, and after consultation with the Secretary of State, may
    instruct the Secretary of State to deny a visa to any citizen, subject,
    national, or resident of that country until the country accepts the
    alien that was ordered removed.''.
        (c) Alien Smuggling and Related Offenses.--
                (1) In general.--Section 274 (8 U.S.C. 1324), is amended to
            read as follows:

    ``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

        ``(a) Criminal Offenses and Penalties.--
                ``(1) Prohibited activities.--Except as provided in
            paragraph (3), a person shall be punished as provided under
            paragraph (2), if the person--
                        ``(A) facilitates, encourages, directs, or induces
                    a person to come to or enter the United States, or to
                    cross the border to the United States, knowing or in
                    reckless disregard of the fact that such person is an
                    alien who lacks lawful authority to come to, enter, or
                    cross the border to the United States;
                        ``(B) facilitates, encourages, directs, or induces
                    a person to come to or enter the United States, or to
                    cross the border to the United States, at a place other
                    than a designated port of entry or place other than as
                    designated by the Secretary of Homeland Security,
                    knowing or in reckless disregard of the fact that such
                    person is an alien and regardless of whether such alien
                    has official permission or lawful authority to be in
                    the United States;
                        ``(C) transports, moves, harbors, conceals, or
                    shields from detection a person outside of the United
                    States knowing or in reckless disregard of the fact
                    that such person is an alien in unlawful transit from 1
                    country to another or on the high seas, under
                    circumstances in which the alien is seeking to enter
                    the United States without official permission or legal
                    authority;
                        ``(D) encourages or induces a person to reside in
                    the United States, knowing or in reckless disregard of
                    the fact that such person is an alien who lacks lawful
                    authority to reside in the United States;
                        ``(E) transports or moves a person in the United
                    States, knowing or in reckless disregard of the fact
                    that such person is an alien who lacks lawful authority
                    to enter or be in the United States, if the
                    transportation or movement will further the alien's
                    illegal entry into or illegal presence in the United
                    States;
                        ``(F) harbors, conceals, or shields from detection
                    a person in the United States, knowing or in reckless
                    disregard of the fact that such person is an alien who
                    lacks lawful authority to be in the United States; or
                        ``(G) conspires or attempts to commit any of the
                    acts described in subparagraphs (A) through (F).
                ``(2) Criminal penalties.--A person who violates any
            provision under paragraph (1)--
                        ``(A) except as provided in subparagraphs (C)
                    through (G), if the offense was not committed for
                    commercial advantage, profit, or private financial
                    gain, shall be fined under title 18, United States
                    Code, imprisoned for not more than 5 years, or both;
                        ``(B) except as provided in subparagraphs (C)
                    through (G), if the offense was committed for
                    commercial advantage, profit, or private financial
                    gain--
                                ``(i) if the violation is the offender's
                            first violation under this subparagraph, shall
                            be fined under such title, imprisoned for not
                            more than 20 years, or both; or
                                ``(ii) if the violation is the offender's
                            second or subsequent violation of this
                            subparagraph, shall be fined under such title,
                            imprisoned for not less than 3 years or more
                            than 20 years, or both;
                        ``(C) if the offense furthered or aided the
                    commission of any other offense against the United
                    States or any State that is punishable by imprisonment
                    for more than 1 year, shall be fined under such title,
                    imprisoned for not less than 5 years or more than 20
                    years, or both;
                        ``(D) shall be fined under such title, imprisoned
                    not less than 5 years or more than 20 years, or both,
                    if the offense created a substantial and foreseeable
                    risk of death, a substantial and foreseeable risk of
                    serious bodily injury (as defined in section 2119(2) of
                    title 18, United States Code), or inhumane conditions
                    to another person, including--
                                ``(i) transporting the person in an engine
                            compartment, storage compartment, or other
                            confined space;
                                ``(ii) transporting the person at an
                            excessive speed or in excess of the rated
                            capacity of the means of transportation; or
                                ``(iii) transporting the person in,
                            harboring the person in, or otherwise
                            subjecting the person to crowded or dangerous
                            conditions;
                        ``(E) if the offense caused serious bodily injury
                    (as defined in section 2119(2) of title 18, United
                    States Code) to any person, shall be fined under such
                    title, imprisoned for not less than 7 years or more
                    than 30 years, or both;
                        ``(F) shall be fined under such title and
                    imprisoned for not less than 10 years or more than 30
                    years if the offense involved an alien who the offender
                    knew or had reason to believe was--
                                ``(i) engaged in terrorist activity (as
                            defined in section 212(a)(3)(B)); or
                                ``(ii) intending to engage in terrorist
                            activity;
                        ``(G) if the offense caused or resulted in the
                    death of any person, shall be punished by death or
                    imprisoned for a term of years not less than 10 years
                    and up to life, and fined under title 18, United States
                    Code.
                ``(3) Limitation.--It is not a violation of subparagraph
            (D), (E), or (F) of paragraph (1)--
                        ``(A) for a religious denomination having a bona
                    fide nonprofit, religious organization in the United
                    States, or the agents or officers of such denomination
                    or organization, to encourage, invite, call, allow, or
                    enable an alien who is present in the United States to
                    perform the vocation of a minister or missionary for
                    the denomination or organization in the United States
                    as a volunteer who is not compensated as an employee,
                    notwithstanding the provision of room, board, travel,
                    medical assistance, and other basic living expenses,
                    provided the minister or missionary has been a member
                    of the denomination for at least 1 year; or
                        ``(B) for an individual or organization, not
                    previously convicted of a violation of this section, to
                    provide an alien who is present in the United States
                    with humanitarian assistance, including medical care,
                    housing, counseling, victim services, and food, or to
                    transport the alien to a location where such assistance
                    can be rendered.
                ``(4) Extraterritorial jurisdiction.--There is
            extraterritorial Federal jurisdiction over the offenses
            described in this subsection.
        ``(b) Employment of Unauthorized Aliens.--
                ``(1) Criminal offense and penalties.--Any person who,
            during any 12-month period, knowingly employs 10 or more
            individuals with actual knowledge or in reckless disregard of
            the fact that the individuals are aliens described in paragraph
            (2), shall be fined under title 18, United States Code,
            imprisoned for not more than 10 years, or both.
                ``(2) Definition.--An alien described in this paragraph is
            an alien who--
                        ``(A) is an unauthorized alien (as defined in
                    section 274A(i));
                        ``(B) is present in the United States without
                    lawful authority; and
                        ``(C) has been brought into the United States in
                    violation of this subsection.
        ``(c) Seizure and Forfeiture.--
                ``(1) In general.--Any real or personal property used to
            commit or facilitate the commission of a violation of this
            section, the gross proceeds of such violation, and any property
            traceable to such property or proceeds, shall be subject to
            forfeiture.
                ``(2) Applicable procedures.--Seizures and forfeitures
            under this subsection shall be governed by the provisions of
            chapter 46 of title 18, United States Code, relating to civil
            forfeitures, except that such duties as are imposed upon the
            Secretary of the Treasury under the customs laws described in
            section 981(d) shall be performed by such officers, agents, and
            other persons as may be designated for that purpose by the
            Secretary of Homeland Security.
                ``(3) Prima facie evidence in determinations of
            violations.--In determining whether a violation of subsection
            (a) has occurred, prima facie evidence that an alien involved
            in the alleged violation lacks lawful authority to come to,
            enter, reside in, remain in, or be in the United States or that
            such alien had come to, entered, resided in, remained in, or
            been present in the United States in violation of law shall
            include--
                        ``(A) any order, finding, or determination
                    concerning the alien's status or lack of status made by
                    a Federal judge or administrative adjudicator
                    (including an immigration judge or immigration officer)
                    during any judicial or administrative proceeding
                    authorized under Federal immigration law;
                        ``(B) official records of the Department of
                    Homeland Security, the Department of Justice, or the
                    Department of State concerning the alien's status or
                    lack of status; and
                        ``(C) testimony by an immigration officer having
                    personal knowledge of the facts concerning the alien's
                    status or lack of status.
        ``(d) Authority To Arrest.--No officer or person shall have
    authority to make any arrests for a violation of any provision of this
    section except--
                ``(1) officers and employees designated by the Secretary of
            Homeland Security, either individually or as a member of a
            class; and
                ``(2) other officers responsible for the enforcement of
            Federal criminal laws.
        ``(e) Admissibility of Videotaped Witness Testimony.--
    Notwithstanding any provision of the Federal Rules of Evidence, the
    videotaped or otherwise audiovisually preserved deposition of a witness
    to a violation of subsection (a) who has been deported or otherwise
    expelled from the United States, or is otherwise unavailable to
    testify, may be admitted into evidence in an action brought for that
    violation if--
                ``(1) the witness was available for cross examination at
            the deposition by the party, if any, opposing admission of the
            testimony; and
                ``(2) the deposition otherwise complies with the Federal
            Rules of Evidence.
        ``(f) Outreach Program.--
                ``(1) In general.--The Secretary of Homeland Security, in
            consultation with the Attorney General and the Secretary of
            State, as appropriate, shall--
                        ``(A) develop and implement an outreach program to
                    educate people in and out of the United States about
                    the penalties for bringing in and harboring aliens in
                    violation of this section; and
                        ``(B) establish the American Local and Interior
                    Enforcement Needs (ALIEN) Task Force to identify and
                    respond to the use of Federal, State, and local
                    transportation infrastructure to further the
                    trafficking of unlawful aliens within the United
                    States.
                ``(2) Field offices.--The Secretary of Homeland Security,
            after consulting with State and local government officials,
            shall establish such field offices as may be necessary to carry
            out this subsection.
                ``(3) Authorization of appropriations.--There are
            authorized to be appropriated such sums are necessary for the
            fiscal years 2008 through 2012 to carry out this subsection.
        ``(g) Definitions.--In this section:
                ``(1) Crossed the border into the united states.--An alien
            is deemed to have crossed the border into the United States
            regardless of whether the alien is free from official
            restraint.
                ``(2) Lawful authority.--The term `lawful authority' means
            permission, authorization, or license that is expressly
            provided for in the immigration laws of the United States or
            accompanying regulations. The term does not include any such
            authority secured by fraud or otherwise obtained in violation
            of law or authority sought, but not approved. No alien shall be
            deemed to have lawful authority to come to, enter, reside in,
            remain in, or be in the United States if such coming to, entry,
            residence, remaining, or presence was, is, or would be in
            violation of law.
                ``(3) Proceeds.--The term `proceeds' includes any property
            or interest in property obtained or retained as a consequence
            of an act or omission in violation of this section.
                ``(4) Unlawful transit.--The term `unlawful transit' means
            travel, movement, or temporary presence that violates the laws
            of any country in which the alien is present or any country
            from which the alien is traveling or moving.''.
                (2) Clerical amendment.--The table of contents is amended
            by striking the item relating to section 274 and inserting the
            following:

    ``Sec. 274. Alien smuggling and related offenses.''.
        (d) Prohibiting Carrying or Using a Firearm During and in Relation
    to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
    Code, is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by inserting ``, alien
                    smuggling crime,'' after ``any crime of violence'';
                        (B) in subparagraph (A), by inserting ``, alien
                    smuggling crime,'' after ``such crime of violence'';
                        (C) in subparagraph (D)(ii), by inserting ``, alien
                    smuggling crime,'' after ``crime of violence''; and
                (2) by adding at the end the following:
        ``(6) For purposes of this subsection, the term `alien smuggling
    crime' means any felony punishable under section 274(a), 277, or 278 of
    the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
    1328).''.

    SEC. 206. ILLEGAL ENTRY.

        (a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as
    follows:

    ``SEC. 275. ILLEGAL ENTRY.

        ``(a) In General.--
                ``(1) Criminal offenses.--An alien shall be subject to the
            penalties set forth in paragraph (2) if the alien--
                        ``(A) knowingly enters or crosses the border into
                    the United States at any time or place other than as
                    designated by the Secretary of Homeland Security;
                        ``(B) knowingly eludes examination or inspection by
                    an immigration officer (including failing to stop at
                    the command of such officer), or a customs or
                    agriculture inspection at a port of entry; or
                        ``(C) knowingly enters or crosses the border to the
                    United States by means of a knowingly false or
                    misleading representation or the knowing concealment of
                    a material fact (including such representation or
                    concealment in the context of arrival, reporting,
                    entry, or clearance requirements of the customs laws,
                    immigration laws, agriculture laws, or shipping laws).
                ``(2) Criminal penalties.--Any alien who violates any
            provision under paragraph (1)--
                        ``(A) shall, for the first violation, be fined
                    under title 18, United States Code, imprisoned not more
                    than 6 months, or both;
                        ``(B) shall, for a second or subsequent violation,
                    or following an order of voluntary departure, be fined
                    under such title, imprisoned not more than 2 years, or
                    both;
                        ``(C) if the violation occurred after the alien had
                    been convicted of 3 or more misdemeanors or for a
                    felony, shall be fined under such title, imprisoned not
                    more than 10 years, or both;
                        ``(D) if the violation occurred after the alien had
                    been convicted of a felony for which the alien received
                    a term of imprisonment of not less than 30 months,
                    shall be fined under such title, imprisoned not more
                    than 15 years, or both; and
                        ``(E) if the violation occurred after the alien had
                    been convicted of a felony for which the alien received
                    a term of imprisonment of not less than 60 months, such
                    alien shall be fined under such title, imprisoned not
                    more than 20 years, or both.
                ``(3) Prior convictions.--The prior convictions described
            in subparagraphs (C) through (E) of paragraph (2) are elements
            of the offenses described in that paragraph and the penalties
            in such subparagraphs shall apply only in cases in which the
            conviction or convictions that form the basis for the
            additional penalty are--
                        ``(A) alleged in the indictment or information; and
                        ``(B) proven beyond a reasonable doubt at trial or
                    admitted by the defendant.
                ``(4) Duration of offense.--An offense under this
            subsection continues until the alien is discovered within the
            United States by an immigration officer.
                ``(5) Attempt.--Whoever attempts to commit any offense
            under this section shall be punished in the same manner as for
            a completion of such offense.
        ``(b) Improper Time or Place; Civil Penalties.--
                ``(1) In general.--Any alien who is apprehended while
            entering, attempting to enter, or knowingly crossing or
            attempting to cross the border to the United States at a time
            or place other than as designated by immigration officers shall
            be subject to a civil penalty, in addition to any criminal or
            other civil penalties that may be imposed under any other
            provision of law, in an amount equal to--
                        ``(A) not less than $50 or more than $250 for each
                    such entry, crossing, attempted entry, or attempted
                    crossing; or
                        ``(B) twice the amount specified in paragraph (1)
                    if the alien had previously been subject to a civil
                    penalty under this subsection.
                ``(2) Crossed the border defined.--In this section, an
            alien is deemed to have crossed the border if the act was
            voluntary, regardless of whether the alien was under
            observation at the time of the crossing.''.
        (b) Clerical Amendment.--The table of contents is amended by
    striking the item relating to section 275 and inserting the following:

    ``Sec. 275. Illegal entry.''.

    SEC. 207. ILLEGAL REENTRY.

        Section 276 (8 U.S.C. 1326) is amended to read as follows:

    ``SEC. 276. REENTRY OF REMOVED ALIENS.

        ``(a) Reentry After Removal.--Any alien who has been denied
    admission, excluded, deported, or removed, or who has departed the
    United States while an order of exclusion, deportation, or removal is
    outstanding, and subsequently enters, attempts to enter, crosses the
    border to, attempts to cross the border to, or is at any time found in
    the United States, shall be fined under title 18, United States Code,
    imprisoned not more than 2 years, or both.
        ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
    provided in subsection (a), if an alien described in that subsection--
                ``(1) was convicted for 3 or more misdemeanors or a felony
            before such removal or departure, the alien shall be fined
            under title 18, United States Code, imprisoned not more than 10
            years, or both;
                ``(2) was convicted for a felony before such removal or
            departure for which the alien was sentenced to a term of
            imprisonment of not less than 30 months, the alien shall be
            fined under such title, imprisoned not more than 15 years, or
            both;
                ``(3) was convicted for a felony before such removal or
            departure for which the alien was sentenced to a term of
            imprisonment of not less than 60 months, the alien shall be
            fined under such title, imprisoned not more than 20 years, or
            both;
                ``(4) was convicted for 3 felonies before such removal or
            departure, the alien shall be fined under such title,
            imprisoned not more than 20 years, or both; or
                ``(5) was convicted, before such removal or departure, for
            murder, rape, kidnaping, or a felony offense described in
            chapter 77 (relating to peonage and slavery) or 113B (relating
            to terrorism) of such title, the alien shall be fined under
            such title, imprisoned not more than 20 years, or both.
        ``(c) Reentry After Repeated Removal.--Any alien who has been
    denied admission, excluded, deported, or removed 3 or more times and
    thereafter enters, attempts to enter, crosses the border to, attempts
    to cross the border to, or is at any time found in the United States,
    shall be fined under title 18, United States Code, imprisoned not more
    than 10 years, or both.
        ``(d) Proof of Prior Convictions.--The prior convictions described
    in subsection (b) are elements of the crimes described in that
    subsection, and the penalties in that subsection shall apply only in
    cases in which the conviction or convictions that form the basis for
    the additional penalty are--
                ``(1) alleged in the indictment or information; and
                ``(2) proven beyond a reasonable doubt at trial or admitted
            by the defendant.
        ``(e) Affirmative Defenses.--It shall be an affirmative defense to
    a violation of this section that--
                ``(1) prior to the alleged violation, the alien had sought
            and received the express consent of the Secretary of Homeland
            Security to reapply for admission into the United States; or
                ``(2) with respect to an alien previously denied admission
            and removed, the alien--
                        ``(A) was not required to obtain such advance
                    consent under the Immigration and Nationality Act or
                    any prior Act; and
                        ``(B) had complied with all other laws and
                    regulations governing the alien's admission into the
                    United States.
        ``(f) Limitation on Collateral Attack on Underlying Removal
    Order.--In a criminal proceeding under this section, an alien may not
    challenge the validity of any prior removal order concerning the alien
    unless the alien demonstrates by clear and convincing evidence that--
                ``(1) the alien exhausted all administrative remedies that
            may have been available to seek relief against the order;
                ``(2) the removal proceedings at which the order was issued
            improperly deprived the alien of the opportunity for judicial
            review; and
                ``(3) the entry of the order was fundamentally unfair.
        ``(g) Reentry of Alien Removed Prior to Completion of Term of
    Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
    enters, attempts to enter, crosses the border to, attempts to cross the
    border to, or is at any time found in, the United States shall be
    incarcerated for the remainder of the sentence of imprisonment which
    was pending at the time of deportation without any reduction for parole
    or supervised release unless the alien affirmatively demonstrates that
    the Secretary of Homeland Security has expressly consented to the
    alien's reentry. Such alien shall be subject to such other penalties
    relating to the reentry of removed aliens as may be available under
    this section or any other provision of law.
        ``(h) Limitation.--It is not aiding and abetting a violation of
    this section for an individual to provide an alien with emergency
    humanitarian assistance, including emergency medical care and food, or
    to transport the alien to a location where such assistance can be
    rendered without compensation or the expectation of compensation.
        ``(i) Definitions.--In this section:
                ``(1) Crosses the border.--The term `crosses the border'
            applies if an alien acts voluntarily, regardless of whether the
            alien was under observation at the time of the crossing.
                ``(2) Felony.--Term `felony' means any criminal offense
            punishable by a term of imprisonment of more than 1 year under
            the laws of the United States, any State, or a foreign
            government.
                ``(3) Misdemeanor.--The term `misdemeanor' means any
            criminal offense punishable by a term of imprisonment of not
            more than 1 year under the applicable laws of the United
            States, any State, or a foreign government.
                ``(4) Removal.--The term `removal' includes any denial of
            admission, exclusion, deportation, or removal, or any agreement
            by which an alien stipulates or agrees to exclusion,
            deportation, or removal.
                ``(5) State.--The term `State' means a State of the United
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States.''.

    SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

        (a) Passport, Visa, and Immigration Fraud.--
                (1) In general.--Chapter 75 of title 18, United States
            Code, is amended to read as follows:

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

    ``Sec.
    ``1541. Trafficking in passports.
    ``1542. False statement in an application for a passport.
    ``1543. Forgery and unlawful production of a passport.
    ``1544. Misuse of a passport.
    ``1545. Schemes to defraud aliens.
    ``1546. Immigration and visa fraud.
    ``1547. Marriage fraud.
    ``1548. Attempts and conspiracies.
    ``1549. Alternative penalties for certain offenses.
    ``1550. Seizure and forfeiture.
    ``1551. Additional jurisdiction.
    ``1552. Additional venue.
    ``1553. Definitions.
    ``1554. Authorized law enforcement activities.
    ``1555. Exception for refugees and asylees.
    ``Sec. 1541. Trafficking in passports
        ``(a) Multiple Passports.--Any person who, during any 3-year
    period, knowingly--
                ``(1) and without lawful authority produces, issues, or
            transfers 10 or more passports;
                ``(2) forges, counterfeits, alters, or falsely makes 10 or
            more passports;
                ``(3) secures, possesses, uses, receives, buys, sells, or
            distributes 10 or more passports, knowing the passports to be
            forged, counterfeited, altered, falsely made, stolen, procured
            by fraud, or produced or issued without lawful authority; or
                ``(4) completes, mails, prepares, presents, signs, or
            submits 10 or more applications for a United States passport
            (including any supporting documentation), knowing the
            applications to contain any false statement or representation,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(b) Passport Materials.--Any person who knowingly and without
    lawful authority produces, counterfeits, secures, possesses, or uses
    any official paper, seal, hologram, image, text, symbol, stamp,
    engraving, plate, or other material used to make a passport shall be
    fined under this title, imprisoned not more than 20 years, or both.
    ``Sec. 1542. False statement in an application for a passport
        ``Any person who knowingly--
                ``(1) makes any false statement or representation in an
            application for a United States passport (including any
            supporting documentation);
                ``(2) completes, mails, prepares, presents, signs, or
            submits an application for a United States passport (including
            any supporting documentation) knowing the application to
            contain any false statement or representation; or
                ``(3) causes or attempts to cause the production of a
            passport by means of any fraud or false application for a
            United States passport (including any supporting
            documentation), if such production occurs or would occur at a
            facility authorized by the Secretary of State for the
            production of passports,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
    ``Sec. 1543. Forgery and unlawful production of a passport
        ``(a) Forgery.--Any person who--
                ``(1) knowingly forges, counterfeits, alters, or falsely
            makes any passport; or
                ``(2) knowingly transfers any passport knowing it to be
            forged, counterfeited, altered, falsely made, stolen, or to
            have been produced or issued without lawful authority,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Unlawful Production.--Any person who knowingly and without
    lawful authority--
                ``(1) produces, issues, authorizes, or verifies a passport
            in violation of the laws, regulations, or rules governing the
            issuance of the passport;
                ``(2) produces, issues, authorizes, or verifies a United
            States passport for or to any person not owing allegiance to
            the United States; or
                ``(3) transfers or furnishes a passport to a person for use
            when such person is not the person for whom the passport was
            issued or designed,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
    ``Sec. 1544. Misuse of a passport
        ``(a) In General.--Any person who knowingly--
                ``(1) uses any passport issued or designed for the use of
            another;
                ``(2) uses any passport in violation of the conditions or
            restrictions therein contained, or in violation of the laws,
            regulations, or rules governing the issuance and use of the
            passport;
                ``(3) secures, possesses, uses, receives, buys, sells, or
            distributes any passport knowing it to be forged,
            counterfeited, altered, falsely made, procured by fraud, or
            produced or issued without lawful authority; or
                ``(4) violates the terms and conditions of any safe conduct
            duly obtained and issued under the authority of the United
            States,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Entry; Fraud.--Any person who knowingly uses any passport,
    knowing the passport to be forged, counterfeited, altered, falsely
    made, procured by fraud, produced or issued without lawful authority,
    or issued or designed for the use of another--
                ``(1) to enter or to attempt to enter the United States; or
                ``(2) to defraud the United States, a State, or a political
            subdivision of a State,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
    ``Sec. 1545. Schemes to defraud aliens
        ``(a) In General.--Any person who knowingly executes a scheme or
    artifice, in connection with any matter that is authorized by or arises
    under Federal immigration laws, or any matter the offender claims or
    represents is authorized by or arises under Federal immigration laws--
                ``(1) to defraud any person; or
                ``(2) to obtain or receive from any person, by means of
            false or fraudulent pretenses, representations, promises, money
            or anything else of value,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Misrepresentation.--Any person who knowingly and falsely
    represents himself to be an attorney in any matter arising under
    Federal immigration laws shall be fined under this title, imprisoned
    not more than 15 years, or both.
    ``Sec. 1546. Immigration and visa fraud
        ``(a) In General.--Any person who knowingly--
                ``(1) uses any immigration document issued or designed for
            the use of another;
                ``(2) forges, counterfeits, alters, or falsely makes any
            immigration document;
                ``(3) completes, mails, prepares, presents, signs, or
            submits any immigration document knowing it to contain any
            materially false statement or representation;
                ``(4) secures, possesses, uses, transfers, receives, buys,
            sells, or distributes any immigration document knowing it to be
            forged, counterfeited, altered, falsely made, stolen, procured
            by fraud, or produced or issued without lawful authority;
                ``(5) adopts or uses a false or fictitious name to evade or
            to attempt to evade the immigration laws; or
                ``(6) transfers or furnishes an immigration document to a
            person without lawful authority for use if such person is not
            the person for whom the immigration document was issued or
            designed,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Multiple Violations.--Any person who, during any 3-year
    period, knowingly--
                ``(1) and without lawful authority produces, issues, or
            transfers 10 or more immigration documents;
                ``(2) forges, counterfeits, alters, or falsely makes 10 or
            more immigration documents;
                ``(3) secures, possesses, uses, buys, sells, or distributes
            10 or more immigration documents, knowing the immigration
            documents to be forged, counterfeited, altered, stolen, falsely
            made, procured by fraud, or produced or issued without lawful
            authority; or
                ``(4) completes, mails, prepares, presents, signs, or
            submits 10 or more immigration documents knowing the documents
            to contain any materially false statement or representation,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(c) Immigration Document Materials.--Any person who knowingly and
    without lawful authority produces, counterfeits, secures, possesses, or
    uses any official paper, seal, hologram, image, text, symbol, stamp,
    engraving, plate, or other material, used to make an immigration
    document shall be fined under this title, imprisoned not more than 20
    years, or both.
    ``Sec. 1547. Marriage fraud
        ``(a) Evasion or Misrepresentation.--Any person who--
                ``(1) knowingly enters into a marriage for the purpose of
            evading any provision of the immigration laws; or
                ``(2) knowingly misrepresents the existence or
            circumstances of a marriage--
                        ``(A) in an application or document authorized by
                    the immigration laws; or
                        ``(B) during any immigration proceeding conducted
                    by an administrative adjudicator (including an
                    immigration officer or examiner, a consular officer, an
                    immigration judge, or a member of the Board of
                    Immigration Appeals),
    shall be fined under this title, imprisoned not more than 10 years, or
    both.
        ``(b) Multiple Marriages.--Any person who--
                ``(1) knowingly enters into 2 or more marriages for the
            purpose of evading any immigration law; or
                ``(2) knowingly arranges, supports, or facilitates 2 or
            more marriages designed or intended to evade any immigration
            law,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(c) Commercial Enterprise.--Any person who knowingly establishes
    a commercial enterprise for the purpose of evading any provision of the
    immigration laws shall be fined under this title, imprisoned for not
    more than 10 years, or both.
        ``(d) Duration of Offense.--
                ``(1) In general.--An offense under subsection (a) or (b)
            continues until the fraudulent nature of the marriage or
            marriages is discovered by an immigration officer.
                ``(2) Commercial enterprise.--An offense under subsection
            (c) continues until the fraudulent nature of commercial
            enterprise is discovered by an immigration officer or other law
            enforcement officer.
    ``Sec. 1548. Attempts and conspiracies
        ``Any person who attempts or conspires to violate any section of
    this chapter shall be punished in the same manner as a person who
    completed a violation of that section.
    ``Sec. 1549. Alternative penalties for certain offenses
        ``(a) Terrorism.--Any person who violates any section of this
    chapter--
                ``(1) knowing that such violation will facilitate an act of
            international terrorism or domestic terrorism (as those terms
            are defined in section 2331); or
                ``(2) with the intent to facilitate an act of international
            terrorism or domestic terrorism,
    shall be fined under this title, imprisoned not more than 25 years, or
    both.
        ``(b) Offense Against Government.--Any person who violates any
    section of this chapter--
                ``(1) knowing that such violation will facilitate the
            commission of any offense against the United States (other than
            an offense in this chapter) or against any State, which offense
            is punishable by imprisonment for more than 1 year; or
                ``(2) with the intent to facilitate the commission of any
            offense against the United States (other than an offense in
            this chapter) or against any State, which offense is punishable
            by imprisonment for more than 1 year,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
    ``Sec. 1550. Seizure and forfeiture
        ``(a) Forfeiture.--Any property, real or personal, used to commit
    or facilitate the commission of a violation of any section of this
    chapter, the gross proceeds of such violation, and any property
    traceable to such property or proceeds, shall be subject to forfeiture.
        ``(b) Applicable Law.--Seizures and forfeitures under this section
    shall be governed by the provisions of chapter 46 relating to civil
    forfeitures, except that such duties as are imposed upon the Secretary
    of the Treasury under the customs laws described in section 981(d)
    shall be performed by such officers, agents, and other persons as may
    be designated for that purpose by the Secretary of Homeland Security,
    the Secretary of State, or the Attorney General.
    ``Sec. 1551. Additional jurisdiction
        ``(a) In General.--Any person who commits an offense under this
    chapter within the special maritime and territorial jurisdiction of the
    United States shall be punished as provided under this chapter.
        ``(b) Extraterritorial Jurisdiction.--Any person who commits an
    offense under this chapter outside the United States shall be punished
    as provided under this chapter if--
                ``(1) the offense involves a United States immigration
            document (or any document purporting to be such a document) or
            any matter, right, or benefit arising under or authorized by
            Federal immigration laws;
                ``(2) the offense is in or affects foreign commerce;
                ``(3) the offense affects, jeopardizes, or poses a
            significant risk to the lawful administration of Federal
            immigration laws, or the national security of the United
            States;
                ``(4) the offense is committed to facilitate an act of
            international terrorism (as defined in section 2331) or a drug
            trafficking crime (as defined in section 929(a)(2)) that
            affects or would affect the national security of the United
            States;
                ``(5) the offender is a national of the United States (as
            defined in section 101(a)(22) of the Immigration and
            Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
            admitted for permanent residence in the United States (as
            defined in section 101(a)(20) of such Act); or
                ``(6) the offender is a stateless person whose habitual
            residence is in the United States.
    ``Sec. 1552. Additional venue
        ``(a) In General.--An offense under section 1542 may be prosecuted
    in--
                ``(1) any district in which the false statement or
            representation was made;
                ``(2) any district in which the passport application was
            prepared, submitted, mailed, received, processed, or
            adjudicated; or
                ``(3) in the case of an application prepared and
            adjudicated outside the United States, in the district in which
            the resultant passport was produced.
        ``(b) Savings Clause.--Nothing in this section limits the venue
    otherwise available under sections 3237 and 3238.
    ``Sec. 1553. Definitions
        ``As used in this chapter:
                ``(1) The term `falsely make' means to prepare or complete
            an immigration document with knowledge or in reckless disregard
            of the fact that the document--
                        ``(A) contains a statement or representation that
                    is false, fictitious, or fraudulent;
                        ``(B) has no basis in fact or law; or
                        ``(C) otherwise fails to state a fact which is
                    material to the purpose for which the document was
                    created, designed, or submitted.
                ``(2) The term a `false statement or representation'
            includes a personation or an omission.
                ``(3) The term `felony' means any criminal offense
            punishable by a term of imprisonment of more than 1 year under
            the laws of the United States, any State, or a foreign
            government.
                ``(4) The term `immigration document'--
                        ``(A) means--
                                ``(i) any passport or visa; or
                                ``(ii) any application, petition,
                            affidavit, declaration, attestation, form,
                            identification card, alien registration
                            document, employment authorization document,
                            border crossing card, certificate, permit,
                            order, license, stamp, authorization, grant of
                            authority, or other evidentiary document,
                            arising under or authorized by the immigration
                            laws of the United States; and
                        ``(B) includes any document, photograph, or other
                    piece of evidence attached to or submitted in support
                    of an immigration document.
                ``(5) The term `immigration laws' includes--
                        ``(A) the laws described in section 101(a)(17) of
                    the Immigration and Nationality Act (8 U.S.C.
                    1101(a)(17));
                        ``(B) the laws relating to the issuance and use of
                    passports; and
                        ``(C) the regulations prescribed under the
                    authority of any law described in subparagraph (A) or
                    (B).
                ``(6) The term `immigration proceeding' includes an
            adjudication, interview, hearing, or review.
                ``(7) A person does not exercise `lawful authority' if the
            person abuses or improperly exercises lawful authority the
            person otherwise holds.
                ``(8) The term `passport' means a travel document attesting
            to the identity and nationality of the bearer that is issued
            under the authority of the Secretary of State, a foreign
            government, or an international organization; or any instrument
            purporting to be the same.
                ``(9) The term `produce' means to make, prepare, assemble,
            issue, print, authenticate, or alter.
                ``(10) The term `State' means a State of the United States,
            the District of Columbia, or any commonwealth, territory, or
            possession of the United States.
    ``Sec. 1554. Authorized law enforcement activities
        ``Nothing in this chapter shall prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a political
    subdivision of a State, or an intelligence agency of the United States,
    or any activity authorized under title V of the Organized Crime Control
    Act of 1970 (84 Stat. 933).
    ``Sec. 1555. Exception for refugees, asylees, and other vulnerable
                  persons
        ``(a) In General.--If a person believed to have violated section
    1542, 1544, 1546, or 1548 while attempting to enter the United States,
    without delay, indicates an intention to apply for asylum under section
    208 or 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158
    and 1231), or for relief under the Convention Against Torture and Other
    Cruel, Inhuman or Degrading Treatment or Punishment (in accordance with
    section 208.17 of title 8, Code of Federal Regulations), or under
    section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51),
    216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to March 31,
    1997) of such Act, or a credible fear of persecution or torture--
                ``(1) the person shall be referred to an appropriate
            Federal immigration official to review such claim and make a
            determination if such claim is warranted;
                ``(2) if the Federal immigration official determines that
            the person qualifies for the claimed relief, the person shall
            not be considered to have violated any such section; and
                ``(3) if the Federal immigration official determines that
            the person does not qualify for the claimed relief, the person
            shall be referred to an appropriate Federal official for
            prosecution under this chapter.
        ``(b) Savings Provision.--Nothing in this section shall be
    construed to diminish, increase, or alter the obligations of refugees
    or the United States under article 31(1) of the Convention Relating to
    the Status of Refugees, done at Geneva July 28, 1951 (as made
    applicable by the Protocol Relating to the Status of Refugees, done at
    New York January 31, 1967 (19 UST 6223)).''.
                (2) Clerical amendment.--The table of chapters in title 18,
            United States Code, is amended by striking the item relating to
            chapter 75 and inserting the following:

    ``75. Passport, visa, and immigration fraud.................    1541''.
        (b) Protection for Legitimate Refugees and Asylum Seekers.--Section
    208 (8 U.S.C. 1158) is amended by adding at the end the following:
        ``(e) Protection for Legitimate Refugees and Asylum Seekers.--The
    Attorney General, in consultation with the Secretary of Homeland
    Security, shall develop binding prosecution guidelines for Federal
    prosecutors to ensure that any prosecution of an alien seeking entry
    into the United States by fraud is consistent with the written terms
    and limitations of Article 31(1) of the Convention Relating to the
    Status of Refugees, done at Geneva July 28, 1951 (as made applicable by
    the Protocol Relating to the Status of Refugees, done at New York
    January 31, 1967 (19 UST 6223)).''.

    SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION
                  FRAUD OFFENSES.

        (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
    1182(a)(2)(A)(i)) is amended--
                (1) in subclause (I), by striking ``, or'' at the end and
            inserting a semicolon;
                (2) in subclause (II), by striking the comma at the end and
            inserting ``; or''; and
                (3) by inserting after subclause (II) the following:
                                        ``(III) a violation of (or a
                                    conspiracy or attempt to violate) any
                                    provision of chapter 75 of title 18,
                                    United States Code,''.
        (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
    1227(a)(3)(B)(iii)) is amended to read as follows:
                                ``(iii) of a violation of any provision of
                            chapter 75 of title 18, United States Code,''.
        (c) Effective Date.--The amendments made by subsections (a) and (b)
    shall apply to proceedings pending on or after the date of the
    enactment of this Act, with respect to conduct occurring on or after
    that date.

    SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

        (a) Institutional Removal Program.--
                (1) Continuation.--The Secretary shall continue to operate
            the Institutional Removal Program (referred to in this section
            as the ``Program'') or shall develop and implement another
            program to--
                        (A) identify removable criminal aliens in Federal
                    and State correctional facilities;
                        (B) ensure that such aliens are not released into
                    the community; and
                        (C) remove such aliens from the United States after
                    the completion of their sentences.
                (2) Expansion.--The Secretary may extend the scope of the
            Program to all States.
        (b) Authorization for Detention After Completion of State or Local
    Prison Sentence.--Law enforcement officers of a State or political
    subdivision of a State may--
                (1) hold an illegal alien for a period not to exceed 14
            days after the completion of the alien's State prison sentence
            to effectuate the transfer of the alien to Federal custody if
            the alien is removable or not lawfully present in the United
            States; or
                (2) issue a detainer that would allow aliens who have
            served a State prison sentence to be detained by the State
            prison until authorized employees of the Bureau of Immigration
            and Customs Enforcement can take the alien into custody.
        (c) Technology Usage.--Technology, such as videoconferencing, shall
    be used to the maximum extent practicable to make the Program available
    in remote locations. Mobile access to Federal databases of aliens, such
    as IDENT, and live scan technology shall be used to the maximum extent
    practicable to make these resources available to State and local law
    enforcement agencies in remote locations.
        (d) Report to Congress.--Not later than 6 months after the date of
    the enactment of this Act, and annually thereafter, the Secretary shall
    submit a report to Congress on the participation of States in the
    Program and in any other program authorized under subsection (a).
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary in each of the fiscal years
    2008 through 2012 to carry out the Program.

    SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

        (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
                (1) in subsection (a)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) Instead of removal proceedings.--If an alien is not
            described in paragraph (2)(A)(iii) or (4) of section 237(a),
            the Secretary of Homeland Security may permit the alien to
            voluntarily depart the United States at the alien's own expense
            under this subsection instead of being subject to proceedings
            under section 240.'';
                        (B) by striking paragraph (3);
                        (C) by redesignating paragraph (2) as paragraph
                    (3);
                        (D) by adding after paragraph (1) the following:
                ``(2) Before the conclusion of removal proceedings.--If an
            alien is not described in paragraph (2)(A)(iii) or (4) of
            section 237(a), the Attorney General may permit the alien to
            voluntarily depart the United States at the alien's own expense
            under this subsection after the initiation of removal
            proceedings under section 240 and before the conclusion of such
            proceedings before an immigration judge.'';
                        (E) in paragraph (3), as redesignated--
                                (i) by amending subparagraph (A) to read as
                            follows:
                        ``(A) Instead of removal.--Subject to subparagraph
                    (C), permission to voluntarily depart under paragraph
                    (1) shall not be valid for any period in excess of 120
                    days. The Secretary may require an alien permitted to
                    voluntarily depart under paragraph (1) to post a
                    voluntary departure bond, to be surrendered upon proof
                    that the alien has departed the United States within
                    the time specified.'';
                                (ii) by redesignating subparagraphs (B),
                            (C), and (D) as paragraphs (C), (D), and (E),
                            respectively;
                                (iii) by adding after subparagraph (A) the
                            following:
                        ``(B) Before the conclusion of removal
                    proceedings.--Permission to voluntarily depart under
                    paragraph (2) shall not be valid for any period in
                    excess of 60 days, and may be granted only after a
                    finding that the alien has the means to depart the
                    United States and intends to do so. An alien permitted
                    to voluntarily depart under paragraph (2) shall post a
                    voluntary departure bond, in an amount necessary to
                    ensure that the alien will depart, to be surrendered
                    upon proof that the alien has departed the United
                    States within the time specified. An immigration judge
                    may waive the requirement to post a voluntary departure
                    bond in individual cases upon a finding that the alien
                    has presented compelling evidence that the posting of a
                    bond will pose a serious financial hardship and the
                    alien has presented credible evidence that such a bond
                    is unnecessary to guarantee timely departure.'';
                                (iv) in subparagraph (C), as redesignated,
                            by striking ``subparagraphs (C) and(D)(ii)''
                            and inserting ``subparagraphs (D) and
                            (E)(ii)'';
                                (v) in subparagraph (D), as redesignated,
                            by striking ``subparagraph (B)'' each place
                            that term appears and inserting ``subparagraph
                            (C)''; and
                                (vi) in subparagraph (E), as redesignated,
                            by striking ``subparagraph (B)'' each place
                            that term appears and inserting ``subparagraph
                            (C)''; and
                        (F) in paragraph (4), by striking ``paragraph (1)''
                    and inserting ``paragraphs (1) and (2)'';
                (2) in subsection (b)(2), by striking ``a period exceeding
            60 days'' and inserting ``any period in excess of 45 days'';
                (3) by amending subsection (c) to read as follows:
        ``(c) Conditions on Voluntary Departure.--
                ``(1) Voluntary departure agreement.--Voluntary departure
            may only be granted as part of an affirmative agreement by the
            alien. A voluntary departure agreement under subsection (b)
            shall include a waiver of the right to any further motion,
            appeal, application, petition, or petition for review relating
            to removal or relief or protection from removal.
                ``(2) Concessions by the secretary.--In connection with the
            alien's agreement to depart voluntarily under paragraph (1),
            the Secretary of Homeland Security may agree to a reduction in
            the period of inadmissibility under subparagraph (A) or (B)(i)
            of section 212(a)(9).
                ``(3) Advisals.--Agreements relating to voluntary departure
            granted during removal proceedings under section 240, or at the
            conclusion of such proceedings, shall be presented on the
            record before the immigration judge. The immigration judge
            shall advise the alien of the consequences of a voluntary
            departure agreement before accepting such agreement.
                ``(4) Failure to comply with agreement.--
                        ``(A) In general.--If an alien agrees to voluntary
                    departure under this section and fails to depart the
                    United States within the time allowed for voluntary
                    departure or fails to comply with any other terms of
                    the agreement (including failure to timely post any
                    required bond), the alien is--
                                ``(i) ineligible for the benefits of the
                            agreement;
                                ``(ii) subject to the penalties described
                            in subsection (d); and
                                ``(iii) subject to an alternate order of
                            removal if voluntary departure was granted
                            under subsection (a)(2) or (b).
                        ``(B) Effect of filing timely appeal.--If, after
                    agreeing to voluntary departure, the alien files a
                    timely appeal of the immigration judge's decision
                    granting voluntary departure, the alien may pursue the
                    appeal instead of the voluntary departure agreement.
                    Such appeal operates to void the alien's voluntary
                    departure agreement and the consequences of such
                    agreement, but precludes the alien from another grant
                    of voluntary departure while the alien remains in the
                    United States.
                ``(5) Voluntary departure period not affected.--Except as
            expressly agreed to by the Secretary in writing in the exercise
            of the Secretary's discretion before the expiration of the
            period allowed for voluntary departure, no motion, appeal,
            application, petition, or petition for review shall affect,
            reinstate, enjoin, delay, stay, or toll the alien's obligation
            to depart from the United States during the period agreed to by
            the alien and the Secretary.'';
                (4) by amending subsection (d) to read as follows:
        ``(d) Penalties for Failure To Depart.--If an alien is permitted to
    voluntarily depart under this section and fails to voluntarily depart
    from the United States within the time period specified or otherwise
    violates the terms of a voluntary departure agreement, the alien will
    be subject to the following penalties:
                ``(1) Civil penalty.--The alien shall be liable for a civil
            penalty of $3,000. The order allowing voluntary departure shall
            specify the amount of the penalty, which shall be acknowledged
            by the alien on the record. If the Secretary thereafter
            establishes that the alien failed to depart voluntarily within
            the time allowed, no further procedure will be necessary to
            establish the amount of the penalty, and the Secretary may
            collect the civil penalty at any time thereafter and by
            whatever means provided by law. An alien will be ineligible for
            any benefits under this chapter until this civil penalty is
            paid.
                ``(2) Ineligibility for relief.--The alien shall be
            ineligible during the time the alien remains in the United
            States and for a period of 10 years after the alien's departure
            for any further relief under this section and sections 240A,
            245, 248, and 249. The order permitting the alien to depart
            voluntarily shall inform the alien of the penalties under this
            subsection.
                ``(3) Reopening.--The alien shall be ineligible to reopen
            the final order of removal that took effect upon the alien's
            failure to depart, or upon the alien's other violations of the
            conditions for voluntary departure, during the period described
            in paragraph (2). This paragraph does not preclude a motion to
            reopen to seek withholding of removal under section 241(b)(3)
            or protection against torture, if the motion--
                        ``(A) presents material evidence of changed country
                    conditions arising after the date of the order granting
                    voluntary departure in the country to which the alien
                    would be removed; and
                        ``(B) makes a sufficient showing to the
                    satisfaction of the Attorney General that the alien is
                    otherwise eligible for such protection.''; and
                (5) by amending subsection (e) to read as follows:
        ``(e) Eligibility.--
                ``(1) Prior grant of voluntary departure.--An alien shall
            not be permitted to voluntarily depart under this section if
            the Secretary of Homeland Security or the Attorney General
            previously permitted the alien to depart voluntarily.
                ``(2) Rulemaking.--The Secretary may promulgate regulations
            to limit eligibility or impose additional conditions for
            voluntary departure under subsection (a)(1) for any class of
            aliens. The Secretary or Attorney General may by regulation
            limit eligibility or impose additional conditions for voluntary
            departure under subsections (a)(2) or (b) of this section for
            any class or classes of aliens.''; and
                (6) in subsection (f), by adding at the end the following:
            ``Notwithstanding section 242(a)(2)(D) of this Act, sections
            1361, 1651, and 2241 of title 28, United States Code, any other
            habeas corpus provision, and any other provision of law, no
            court shall have jurisdiction to affect, reinstate, enjoin,
            delay, stay, or toll the period allowed for voluntary departure
            under this section.''.
        (b) Rulemaking.--The Secretary shall promulgate regulations to
    provide for the imposition and collection of penalties for failure to
    depart under section 240B(d) of the Immigration and Nationality Act (8
    U.S.C. 1229c(d)).
        (c) Effective Dates.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by this section shall apply with respect to all
            orders granting voluntary departure under section 240B of the
            Immigration and Nationality Act (8 U.S.C. 1229c) made on or
            after the date that is 180 days after the enactment of this
            Act.
                (2) Exception.--The amendment made by subsection (a)(6)
            shall take effect on the date of the enactment of this Act and
            shall apply with respect to any petition for review which is
            filed on or after such date.

    SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
                  STATES UNLAWFULLY.

        (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C.
    1182(a)(9)(A)) is amended--
                (1) in clause (i), by striking ``seeks admission within 5
            years of the date of such removal (or within 20 years'' and
            inserting ``seeks admission not later than 5 years after the
            date of the alien's removal (or not later than 20 years after
            the alien's removal''; and
                (2) in clause (ii), by striking ``seeks admission within 10
            years of the date of such alien's departure or removal (or
            within 20 years of'' and inserting ``seeks admission not later
            than 10 years after the date of the alien's departure or
            removal (or not later than 20 years after''.
        (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 324d) is
    amended--
                (1) in subsection (a), by striking ``Commissioner'' and
            inserting ``Secretary of Homeland Security''; and
                (2) by adding at the end the following:
        ``(c) Ineligibility for Relief.--
                ``(1) In general.--Unless a timely motion to reopen is
            granted under section 240(c)(6), an alien described in
            subsection (a) shall be ineligible for any discretionary relief
            from removal (including cancellation of removal and adjustment
            of status) during the time the alien remains in the United
            States and for a period of 10 years after the alien's departure
            from the United States.
                ``(2) Savings provision.--Nothing in paragraph (1) shall
            preclude a motion to reopen to seek withholding of removal
            under section 241(b)(3) or protection against torture, if the
            motion--
                        ``(A) presents material evidence of changed country
                    conditions arising after the date of the final order of
                    removal in the country to which the alien would be
                    removed; and
                        ``(B) makes a sufficient showing to the
                    satisfaction of the Attorney General that the alien is
                    otherwise eligible for such protection.''.
        (c) Effective Dates.--The amendments made by this section shall
    take effect on the date of the enactment of this Act with respect to
    aliens who are subject to a final order of removal entered on or after
    such date.

    SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF
                  FIREARMS BY CERTAIN ALIENS.

        Section 922 of title 18, United States Code, is amended--
                (1) in subsection (d)(5)--
                        (A) in subparagraph (A), by striking ``or'' at the
                    end;
                        (B) in subparagraph (B), by striking ``(y)(2)'' and
                    all that follows and inserting ``(y), is in a
                    nonimmigrant classification; or''; and
                        (C) by adding at the end the following:
                        ``(C) has been paroled into the United States under
                    section 212(d)(5) of the Immigration and Nationality
                    Act (8 U.S.C. 1182(d)(5));'';
                (2) in subsection (g)(5)--
                        (A) in subparagraph (A), by striking ``or'' at the
                    end;
                        (B) in subparagraph (B), by striking ``(y)(2)'' and
                    all that follows and inserting ``(y), is in a
                    nonimmigrant classification; or''; and
                        (C) by adding at the end the following:
                        ``(C) has been paroled into the United States under
                    section 212(d)(5) of the Immigration and Nationality
                    Act (8 U.S.C. 1182(d)(5));''; and
                (3) in subsection (y)--
                        (A) in the header, by striking ``admitted under
                    nonimmigrant visas'' and inserting ``in a nonimmigrant
                    classification'';
                        (B) in paragraph (1), by amending subparagraph (B)
                    to read as follows:
                        ``(B) the term `nonimmigrant classification'
                    includes all classes of nonimmigrant aliens described
                    in section 101(a)(15) of the Immigration and
                    Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise
                    described in the immigration laws (as defined in
                    section 101(a)(17) of such Act).'';
                        (C) in paragraph (2), by striking ``has been
                    lawfully admitted to the United States under a
                    nonimmigrant visa'' and inserting ``is in a
                    nonimmigrant classification''; and
                        (D) in paragraph (3)(A), by striking ``Any
                    individual who has been admitted to the United States
                    under a nonimmigrant visa may receive a waiver from the
                    requirements of subsection (g)(5)'' and inserting ``Any
                    alien in a nonimmigrant classification may receive a
                    waiver from the requirements of subsection (g)(5)(B)''.

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

        (a) In General.--Section 3291 of title 18, United States Code, is
    amended to read as follows:
    ``Sec. 3291. Immigration, naturalization, and peonage offenses
        ``No person shall be prosecuted, tried, or punished for a violation
    of any section of chapters 69 (relating to nationality and citizenship
    offenses), 75 (relating to passport, visa, and immigration offenses),
    or 77 (relating to peonage, slavery, and trafficking in persons), for
    an attempt or conspiracy to violate any such section, for a violation
    of any criminal provision under section 243, 266, 274, 275, 276, 277,
    or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306,
    1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to
    violate any such section, unless the indictment is returned or the
    information filed not later than 10 years after the commission of the
    offense.''.
        (b) Clerical Amendment.--The table of sections for chapter 213 of
    title 18, United States Code, is amended by striking the item relating
    to section 3291 and inserting the following:

    ``3291. Immigration, naturalization, and peonage offenses.''.

    SEC. 215. DIPLOMATIC SECURITY SERVICE.

        Paragraph (1) of section 37(a) of the State Department Basic
    Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as
    follows:
                ``(1) conduct investigations concerning--
                        ``(A) illegal passport or visa issuance or use;
                        ``(B) identity theft or document fraud affecting or
                    relating to the programs, functions, and authorities of
                    the Department of State;
                        ``(C) violations of chapter 77 of title 18, United
                    States Code; and
                        ``(D) Federal offenses committed within the special
                    maritime and territorial jurisdiction of the United
                    States (as defined in section 7(9) of title 18, United
                    States Code);''.

    SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

        (a) In General.--Section 103 (8 U.S.C. 1103) is amended--
                (1) by amending subsection (f) to read as follows:
        ``(f) Minimum Number of Agents in States.--
                ``(1) In general.--The Secretary of Homeland Security shall
            allocate to each State--
                        ``(A) not fewer than 40 full-time active duty
                    agents of the Bureau of Immigration and Customs
                    Enforcement to--
                                ``(i) investigate immigration violations;
                            and
                                ``(ii) ensure the departure of all
                            removable aliens; and
                        ``(B) not fewer than 15 full-time active duty
                    agents of the Bureau of Citizenship and Immigration
                    Services to carry out immigration and naturalization
                    adjudication functions.
                ``(2) Waiver.--The Secretary may waive the application of
            paragraph (1) for any State with a population of less than
            2,000,000, as most recently reported by the Bureau of the
            Census''; and
                (2) by adding at the end the following:
        ``(i) Notwithstanding any other provision of law, appropriate
    background and security checks, as determined by the Secretary of
    Homeland Security, shall be completed and assessed and any suspected or
    alleged fraud relating to the granting of any status (including the
    granting of adjustment of status), relief, protection from removal, or
    other benefit under this Act shall be investigated and resolved before
    the Secretary or the Attorney General may--
                ``(1) grant or order the grant of adjustment of status of
            an alien to that of an alien lawfully admitted for permanent
            residence;
                ``(2) grant or order the grant of any other status, relief,
            protection from removal, or other benefit under the immigration
            laws; or
                ``(3) issue any documentation evidencing or related to such
            grant by the Secretary, the Attorney General, or any court.''.
        (b) Effective Date.--The amendment made by subsection (a)(1) shall
    take effect on the date that is 90 days after the date of the enactment
    of this Act.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Director of the Federal Bureau of Investigations
    $3,125,000 for each of the fiscal years 2008 through 2012 for improving
    the speed and accuracy of background and security checks conducted by
    the Federal Bureau of Investigations on behalf of the Bureau of
    Citizenship and Immigrations Services.
        (d) Report on Background and Security Checks.--
                (1) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Director of the Federal Bureau
            of Investigations shall submit to the Committee on the
            Judiciary of the Senate and the Committee on the Judiciary of
            the House of Representatives a report on the background and
            security checks conducted by the Federal Bureau of
            Investigations on behalf of the Bureau of Citizenship and
            Immigrations Services
                (2) Content.--The report required under paragraph (1) shall
            include--
                        (A) a description of the background and security
                    check program;
                        (B) a statistical breakdown of the background and
                    security check delays associated with different types
                    of immigration applications;
                        (C) a statistical breakdown of the background and
                    security check delays by applicant country of origin;
                    and
                        (D) the steps the Federal Bureau of Investigations
                    is taking to expedite background and security checks
                    that have been pending for more than 60 days.

    SEC. 217. CONSTRUCTION.

        (a) In General.--Chapter 4 of title III (8 U.S.C. 1501 et seq.) is
    amended by adding at the end the following:

    ``SEC. 362. CONSTRUCTION.

        ``(a) In General.--Nothing in this Act or in any other provision of
    law shall be construed to require the Secretary of Homeland Security,
    the Attorney General, the Secretary of State, the Secretary of Labor,
    or any other authorized head of any Federal agency to grant any
    application, approve any petition, or grant or continue any status or
    benefit under the immigration laws by, to, or on behalf of--
                ``(1) any alien described in subparagraph (A)(i), (A)(iii),
            (B), or (F) of section 212(a)(3) or subparagraph (A)(i),
            (A)(iii), or (B) of section 237(a)(4);
                ``(2) any alien with respect to whom a criminal or other
            investigation or case is pending that is material to the
            alien's inadmissibility, deportability, or eligibility for the
            status or benefit sought; or
                ``(3) any alien for whom all law enforcement checks, as
            deemed appropriate by such authorized official, have not been
            conducted and resolved.
        ``(b) Denial; Withholding.--An official described in subsection (a)
    may deny or withhold (with respect to an alien described in subsection
    (a)(1)) or withhold pending resolution of the investigation, case, or
    law enforcement checks (with respect to an alien described in paragraph
    (2) or (3) of subsection (a)) any such application, petition, status,
    or benefit on such basis.''.
        (b) Clerical Amendment.--The table of contents is amended by
    inserting after the item relating to section 361 the following:

    ``Sec. 362. Construction.''.

    SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

        (a) Reimbursement for Costs Associated With Processing Criminal
    Illegal Aliens.--The Secretary shall reimburse States and units of
    local government for costs associated with processing undocumented
    criminal aliens through the criminal justice system, including--
                (1) indigent defense;
                (2) criminal prosecution;
                (3) autopsies;
                (4) translators and interpreters; and
                (5) courts costs.
        (b) Authorization of Appropriations.--
                (1) Processing criminal illegal aliens.--There are
            authorized to be appropriated $400,000,000 for each of the
            fiscal years 2008 through 2012 to carry out subsection (a).
                (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
            1231(i)) is amended to read as follows:
                ``(5) There are authorized to be appropriated to carry this
            subsection--
                        ``(A) such sums as may be necessary for fiscal year
                    2008;
                        ``(B) $750,000,000 for fiscal year 2009;
                        ``(C) $850,000,000 for fiscal year 2010; and
                        ``(D) $950,000,000 for each of the fiscal years
                    2011 and 2012.''.
        (c) Technical Amendment.--Section 501 of the Immigration Reform and
    Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney
    General'' each place it appears and inserting ``Secretary of Homeland
    Security''.

    SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED
                  BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

        (a) In General.--The Secretary shall provide sufficient
    transportation and officers to take illegal aliens apprehended by State
    and local law enforcement officers into custody for processing at a
    detention facility operated by the Department.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for each of the fiscal years
    2008 through 2012 to carry out this section.

    SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
                  LANDS.

        (a) Grants Authorized.--The Secretary may award grants to Indian
    tribes with lands adjacent to an international border of the United
    States that have been adversely affected by illegal immigration.
        (b) Use of Funds.--Grants awarded under subsection (a) may be used
    for--
                (1) law enforcement activities;
                (2) health care services;
                (3) environmental restoration; and
                (4) the preservation of cultural resources.
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall submit a report to the
    Committee on the Judiciary of the Senate and the Committee on the
    Judiciary of the House of Representatives that--
                (1) describes the level of access of Border Patrol agents
            on tribal lands;
                (2) describes the extent to which enforcement of
            immigration laws may be improved by enhanced access to tribal
            lands;
                (3) contains a strategy for improving such access through
            cooperation with tribal authorities; and
                (4) identifies grants provided by the Department for Indian
            tribes, either directly or through State or local grants,
            relating to border security expenses.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for each of the fiscal years
    2008 through 2012 to carry out this section.

    SEC. 221. ALTERNATIVES TO DETENTION.

        The Secretary shall conduct a study of--
                (1) the effectiveness of alternatives to detention,
            including electronic monitoring devices and intensive
            supervision programs, in ensuring alien appearance at court and
            compliance with removal orders;
                (2) the effectiveness of the Intensive Supervision
            Appearance Program and the costs and benefits of expanding that
            program to all States; and
                (3) other alternatives to detention, including--
                        (A) release on an order of recognizance;
                        (B) appearance bonds; and
                        (C) electronic monitoring devices.

    SEC. 222. CONFORMING AMENDMENT.

        Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is amended--
                (1) by striking ``(i) which either is falsely making,
            forging, counterfeiting, mutilating, or altering a passport or
            instrument in violation of section 1543 of title 18, United
            States Code, or is described in section 1546(a) of such title
            (relating to document fraud) and (ii)'' and inserting ``which
            is described in chapter 75 of title 18, United States Code,
            and''; and
                (2) by inserting the following: ``that is not described in
            section 1548 of such title (relating to increased penalties),
            and'' after ``first offense''.

    SEC. 223. REPORTING REQUIREMENTS.

        (a) Clarifying Address Reporting Requirements.--Section 265 (8
    U.S.C. 1305) is amended--
                (1) in subsection (a)--
                        (A) by striking ``notify the Attorney General in
                    writing'' and inserting ``submit written or electronic
                    notification to the Secretary of Homeland Security, in
                    a manner approved by the Secretary,'';
                        (B) by striking ``the Attorney General may require
                    by regulation'' and inserting ``the Secretary may
                    require''; and
                        (C) by adding at the end the following: ``If the
                    alien is involved in proceedings before an immigration
                    judge or in an administrative appeal of such
                    proceedings, the alien shall submit to the Attorney
                    General the alien's current address and a telephone
                    number, if any, at which the alien may be contacted.'';
                (2) in subsection (b), by striking ``Attorney General''
            each place such term appears and inserting ``Secretary of
            Homeland Security'';
                (3) in subsection (c), by striking ``given to such parent''
            and inserting ``given by such parent''; and
                (4) by adding at the end the following:
        ``(d) Address To Be Provided.--
                ``(1) In general.--Except as otherwise provided by the
            Secretary under paragraph (2), an address provided by an alien
            under this section shall be the alien's current residential
            mailing address, and shall not be a post office box or other
            non-residential mailing address or the address of an attorney,
            representative, labor organization, or employer.
                ``(2) Specific requirements.--The Secretary may provide
            specific requirements with respect to--
                        ``(A) designated classes of aliens and special
                    circumstances, including aliens who are employed at a
                    remote location; and
                        ``(B) the reporting of address information by
                    aliens who are incarcerated in a Federal, State, or
                    local correctional facility.
                ``(3) Detention.--An alien who is being detained by the
            Secretary under this Act is not required to report the alien's
            current address under this section during the time the alien
            remains in detention, but shall be required to notify the
            Secretary of the alien's address under this section at the time
            of the alien's release from detention.
        ``(e) Use of Most Recent Address Provided by the Alien.--
                ``(1) In general.--Notwithstanding any other provision of
            law, the Secretary may provide for the appropriate coordination
            and cross referencing of address information provided by an
            alien under this section with other information relating to the
            alien's address under other Federal programs, including--
                        ``(A) any information pertaining to the alien,
                    which is submitted in any application, petition, or
                    motion filed under this Act with the Secretary of
                    Homeland Security, the Secretary of State, or the
                    Secretary of Labor;
                        ``(B) any information available to the Attorney
                    General with respect to an alien in a proceeding before
                    an immigration judge or an administrative appeal or
                    judicial review of such proceeding;
                        ``(C) any information collected with respect to
                    nonimmigrant foreign students or exchange program
                    participants under section 641 of the Illegal
                    Immigration Reform and Immigrant Responsibility Act of
                    1996 (8 U.S.C. 1372); and
                        ``(D) any information collected from State or local
                    correctional agencies pursuant to the State Criminal
                    Alien Assistance Program.
                ``(2) Reliance.--The Secretary may rely on the most recent
            address provided by the alien under this section or section 264
            to send to the alien any notice, form, document, or other
            matter pertaining to Federal immigration laws, including
            service of a notice to appear. The Attorney General and the
            Secretary may rely on the most recent address provided by the
            alien under section 239(a)(1)(F) to contact the alien about
            pending removal proceedings.
                ``(3) Obligation.--The alien's provision of an address for
            any other purpose under the Federal immigration laws does not
            excuse the alien's obligation to submit timely notice of the
            alien's address to the Secretary under this section (or to the
            Attorney General under section 239(a)(1)(F) with respect to an
            alien in a proceeding before an immigration judge or an
            administrative appeal of such proceeding).''.
        (b) Conforming Changes With Respect to Registration Requirements.--
    Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
                (1) in section 262(c), by striking ``Attorney General'' and
            inserting ``Secretary of Homeland Security'';
                (2) in section 263(a), by striking ``Attorney General'' and
            inserting ``Secretary of Homeland Security''; and
                (3) in section 264--
                        (A) in subsections (a), (b), (c), and (d), by
                    striking ``Attorney General'' each place it appears and
                    inserting ``Secretary of Homeland Security''; and
                        (B) in subsection (f)--
                                (i) by striking ``Attorney General is
                            authorized'' and inserting ``Secretary of
                            Homeland Security and Attorney General are
                            authorized''; and
                                (ii) by striking ``Attorney General or the
                            Service'' and inserting ``Secretary or the
                            Attorney General''.
        (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
                (1) by amending subsection (b) to read as follows:
        ``(b) Failure To Provide Notice of Alien's Current Address.--
                ``(1) Criminal penalties.--Any alien or any parent or legal
            guardian in the United States of any minor alien who fails to
            notify the Secretary of Homeland Security of the alien's
            current address in accordance with section 265 shall be fined
            under title 18, United States Code, imprisoned for not more
            than 6 months, or both.
                ``(2) Effect on immigration status.--Any alien who violates
            section 265 (regardless of whether the alien is punished under
            paragraph (1)) and does not establish to the satisfaction of
            the Secretary that such failure was reasonably excusable or was
            not willful shall be taken into custody in connection with
            removal of the alien. If the alien has not been inspected or
            admitted, or if the alien has failed on more than 1 occasion to
            submit notice of the alien's current address as required under
            section 265, the alien may be presumed to be a flight risk. The
            Secretary or the Attorney General, in considering any form of
            relief from removal which may be granted in the discretion of
            the Secretary or the Attorney General, may take into
            consideration the alien's failure to comply with section 265 as
            a separate negative factor. If the alien failed to comply with
            the requirements of section 265 after becoming subject to a
            final order of removal, deportation, or exclusion, the alien's
            failure shall be considered as a strongly negative factor with
            respect to any discretionary motion for reopening or
            reconsideration filed by the alien.'';
                (2) in subsection (c), by inserting ``or a notice of
            current address'' before ``containing statements''; and
                (3) in subsections (c) and (d), by striking ``Attorney
            General'' each place it appears and inserting ``Secretary''.
        (d) Effective Dates.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by this section shall apply to proceedings
            initiated on or after the date of the enactment of this Act.
                (2) Conforming and technical amendments.--The amendments
            made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
            (a) are effective as if enacted on March 1, 2003.

    SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

        (a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended--
                (1) in paragraph (2), by adding at the end the following:
            ``If such training is provided by a State or political
            subdivision of a State to an officer or employee of such State
            or political subdivision of a State, the cost of such training
            (including applicable overtime costs) shall be reimbursed by
            the Secretary of Homeland Security.''; and
                (2) in paragraph (4), by adding at the end the following:
            ``The cost of any equipment required to be purchased under such
            written agreement and necessary to perform the functions under
            this subsection shall be reimbursed by the Secretary of
            Homeland Security.''.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary to carry
    out this section and the amendments made by this section.

    SEC. 225. REMOVAL OF DRUNK DRIVERS.

        (a) In General.--Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is
    amended by inserting ``, including a third drunk driving conviction,
    regardless of the States in which the convictions occurred or whether
    the offenses are classified as misdemeanors or felonies under State
    law,'' after ``offense)''.
        (b) Effective Date.--The amendment made by subsection (a) shall--
                (1) take effect on the date of the enactment of this Act;
            and
                (2) apply to convictions entered on or after such date.

    SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

        Section 220(c) of the Immigration and Nationality Technical
    Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking
    ``and before June 1, 2006''.

    SEC. 227. EXPEDITED REMOVAL.

        (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
                (1) by striking the section heading and inserting
            ``expedited removal of criminal aliens'';
                (2) in subsection (a), by striking the subsection heading
            and inserting: ``Expedited Removal From Correctional
            Facilities.--'';
                (3) in subsection (b), by striking the subsection heading
            and inserting: ``Removal of Criminal Aliens.--'';
                (4) in subsection (b), by striking paragraphs (1) and (2)
            and inserting the following:
                ``(1) In general.--The Secretary of Homeland Security may,
            in the case of an alien described in paragraph (2), determine
            the deportability of such alien and issue an order of removal
            pursuant to the procedures set forth in this subsection or
            section 240.
                ``(2) Aliens described.--An alien is described in this
            paragraph if the alien--
                        ``(A) has not been lawfully admitted to the United
                    States for permanent residence; and
                        ``(B) was convicted of any criminal offense
                    described in subparagraph (A)(iii), (C), or (D) of
                    section 237(a)(2).'';
                (5) in the subsection (c) that relates to presumption of
            deportability, by striking ``convicted of an aggravated
            felony'' and inserting ``described in subsection (b)(2)'';
                (6) by redesignating the subsection (c) that relates to
            judicial removal as subsection (d); and
                (7) in subsection (d)(5) (as so redesignated), by striking
            ``, who is deportable under this Act,''.
        (b) Application to Certain Aliens.--
                (1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C.
            1225(b)(1)(A)(iii)) is amended--
                        (A) in subclause (I), by striking ``Attorney
                    General'' and inserting ``Secretary of Homeland
                    Security'' each place it appears; and
                        (B) by adding at the end the following new
                    subclause:
                                        ``(III) Exception.--Notwithstanding
                                    subclauses (I) and (II), the Secretary
                                    of Homeland Security shall apply
                                    clauses (i) and (ii) of this
                                    subparagraph to any alien (other than
                                    an alien described in subparagraph (F))
                                    who is not a national of a country
                                    contiguous to the United States, who
                                    has not been admitted or paroled into
                                    the United States, and who is
                                    apprehended within 100 miles of an
                                    international land border of the United
                                    States and within 14 days of entry.''.
                (2) Exceptions.--Section 235(b)(1)(F) of the Immigration
            and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
                        (A) by striking ``and who arrives by aircraft at a
                    port of entry'' and inserting
                    ``and--''; and
                        (B) by adding at the end the following:
                                ``(i) who arrives by aircraft at a port of
                            entry; or
                                ``(ii) who is present in the United States
                            and arrived in any manner at or between a port
                            of entry.''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act and shall apply to all
    aliens apprehended or convicted on or after such date.

    SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

        (a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is
    amended--
                (1) in subparagraph (A)(i), by striking ``Any'' and
            inserting ``Except as provided in clause (vii), any'';
                (2) in subparagraph (A), by inserting after clause (vi) the
            following:
        ``(vii) Clause (i) shall not apply to a citizen of the United
    States who has been convicted of an offense described in subparagraph
    (A), (I), or (K) of section 101(a)(43), unless the Secretary of
    Homeland Security, in the Secretary's sole and unreviewable discretion,
    determines that the citizen poses no risk to the alien with respect to
    whom a petition described in clause (i) is filed.''; and
                (3) in subparagraph (B)(i)--
                        (A) by striking ``Any alien'' and inserting the
                    following: ``(I) Except as provided in subclause (II),
                    any alien''; and
                        (B) by adding at the end the following:
        ``(II) Subclause (I) shall not apply in the case of an alien
    admitted for permanent residence who has been convicted of an offense
    described in subparagraph (A), (I), or (K) of section 101(a)(43),
    unless the Secretary of Homeland Security, in the Secretary's sole and
    unreviewable discretion, determines that the alien lawfully admitted
    for permanent residence poses no risk to the alien with respect to whom
    a petition described in subclause (I) is filed.''.
        (b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
    1101(a)(15)(K)), is amended by inserting ``(other than a citizen
    described in section 204(a)(1)(A)(vii))'' after ``citizen of the United
    States'' each place that phrase appears.

    SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
                  SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

        (a) In General.--Title II (8 U.S.C. 1151 et. seq.) is amended by
    adding after section 240C the following new section:

    ``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
                  SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

        ``(a) Authority.--Notwithstanding any other provision of law, law
    enforcement personnel of a State, or a political subdivision of a
    State, have the inherent authority of a sovereign entity to
    investigate, apprehend, arrest, detain, or transfer to Federal custody
    (including the transportation across State lines to detention centers)
    an alien for the purpose of assisting in the enforcement of the
    criminal provisions of the immigration laws of the United States in the
    normal course of carrying out the law enforcement duties of such
    personnel. This State authority has never been displaced or preempted
    by a Federal law.
        ``(b) Construction.--Nothing in this section shall be construed to
    require law enforcement personnel of a State or a political subdivision
    to assist in the enforcement of the immigration laws of the United
    States.
        ``(c) Transfer.--If the head of a law enforcement entity of a State
    (or, if appropriate, a political subdivision of the State) exercising
    authority with respect to the apprehension or arrest of an alien
    submits a request to the Secretary of Homeland Security that the alien
    be taken into Federal custody, the Secretary of Homeland Security--
                ``(1) shall--
                        ``(A) deem the request to include the inquiry to
                    verify immigration status described in section 642(c)
                    of the Illegal Immigration Reform and Immigrant
                    Responsibility Act of 1996 (8 U.S.C. 1373(c)), and
                    expeditiously inform the requesting entity whether such
                    individual is an alien lawfully admitted to the United
                    States or is otherwise lawfully present in the United
                    States; and
                        ``(B) if the individual is an alien who is not
                    lawfully admitted to the United States or otherwise is
                    not lawfully present in the United States--
                                ``(i) take the illegal alien into the
                            custody of the Federal Government not later
                            than 72 hours after--
                                        ``(I) the conclusion of the State
                                    charging process or dismissal process;
                                    or
                                        ``(II) the illegal alien is
                                    apprehended, if no State charging or
                                    dismissal process is required; or
                                ``(ii) request that the relevant State or
                            local law enforcement agency temporarily detain
                            or transport the alien to a location for
                            transfer to Federal custody; and
                ``(2) shall designate at least 1 Federal, State, or local
            prison or jail or a private contracted prison or detention
            facility within each State as the central facility for that
            State to transfer custody of aliens to the Department of
            Homeland Security.
        ``(d) Reimbursement.--
                ``(1) In general.--The Secretary of Homeland Security shall
            reimburse a State, or a political subdivision of a State, for
            expenses, as verified by the Secretary, incurred by the State
            or political subdivision in the detention and transportation of
            an alien as described in subparagraphs (A) and (B) of
            subsection (c)(1).
                ``(2) Cost computation.--Compensation provided for costs
            incurred under subparagraphs (A) and (B) of subsection (c)(1)
            shall be--
                        ``(A) the product of--
                                ``(i) the average daily cost of
                            incarceration of a prisoner in the relevant
                            State, as determined by the chief executive
                            officer of a State (or, as appropriate, a
                            political subdivision of the State); multiplied
                            by
                                ``(ii) the number of days that the alien
                            was in the custody of the State or political
                            subdivision; plus
                        ``(B) the cost of transporting the alien from the
                    point of apprehension or arrest to the location of
                    detention, and if the location of detention and of
                    custody transfer are different, to the custody transfer
                    point; plus
                        ``(C) the cost of uncompensated emergency medical
                    care provided to a detained alien during the period
                    between the time of transmittal of the request
                    described in subsection (c) and the time of transfer
                    into Federal custody.
        ``(e) Requirement for Appropriate Security.--The Secretary of
    Homeland Security shall ensure that--
                ``(1) aliens incarcerated in a Federal facility pursuant to
            this section are held in facilities which provide an
            appropriate level of security; and
                ``(2) if practicable, aliens detained solely for civil
            violations of Federal immigration law are separated within a
            facility or facilities.
        ``(f) Requirement for Schedule.--In carrying out this section, the
    Secretary of Homeland Security shall establish a regular circuit and
    schedule for the prompt transportation of apprehended aliens from the
    custody of those States, and political subdivisions of States, which
    routinely submit requests described in subsection (c), into Federal
    custody.
        ``(g) Authority for Contracts.--
                ``(1) In general.--The Secretary of Homeland Security may
            enter into contracts or cooperative agreements with appropriate
            State and local law enforcement and detention agencies to
            implement this section.
                ``(2) Determination by secretary.--Prior to entering into a
            contract or cooperative agreement with a State or political
            subdivision of a State under paragraph (1), the Secretary shall
            determine whether the State, or if appropriate, the political
            subdivision in which the agencies are located, has in place any
            formal or informal policy that violates section 642 of the
            Illegal Immigration Reform and Immigrant Responsibility Act of
            1996 (8 U.S.C. 1373). The Secretary shall not allocate any of
            the funds made available under this section to any State or
            political subdivision that has in place a policy that violates
            such section.''.
        (b) Authorization of Appropriations for the Detention and
    Transportation to Federal Custody of Aliens Not Lawfully Present.--
    There are authorized to be appropriated $850,000,000 for fiscal year
    2008 and for each subsequent fiscal year for the detention and removal
    of aliens not lawfully present in the United States under the
    Immigration and Nationality Act (8 U.S.C. 1101 et. seq.).

    SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

        Section 1956(c)(7)(D) of title 18, United States Code, is amended--
                (1) by inserting ``section 1590 (relating to trafficking
            with respect to peonage, slavery, involuntary servitude, or
            forced labor),'' after ``section 1363 (relating to destruction
            of property within the special maritime and territorial
            jurisdiction),''; and
                (2) by inserting ``section 274(a) of the Immigration and
            Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and
            harboring certain aliens),'' after ``section 590 of the Tariff
            Act of 1930 (19 U.S.C. 1590) (relating to aviation
            smuggling),''.

    SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
                  INFORMATION CENTER DATABASE.

        (a) Provision of Information to the National Crime Information
    Center.--
                (1) In general.--Except as provided in paragraph (3), not
            later than 180 days after the date of the enactment of this
            Act, the Secretary shall provide to the head of the National
            Crime Information Center of the Department of Justice the
            information that the Secretary has or maintains related to any
            alien--
                        (A) against whom a final order of removal has been
                    issued;
                        (B) who enters into a voluntary departure
                    agreement, or is granted voluntary departure by an
                    immigration judge, whose period for departure has
                    expired under subsection (a)(3) of section 240B of the
                    Immigration and Nationality Act (8 U.S.C. 1229c) (as
                    amended by section 211(a)(1)(C)), subsection (b)(2) of
                    such section 240B, or who has violated a condition of a
                    voluntary departure agreement under such section 240B;
                        (C) whom a Federal immigration officer has
                    confirmed to be unlawfully present in the United
                    States; and
                        (D) whose visa has been revoked.
                (2) Removal of information.--The head of the National Crime
            Information Center should promptly remove any information
            provided by the Secretary under paragraph (1) related to an
            alien who is granted lawful authority to enter or remain
            legally in the United States.
                (3) Procedure for removal of erroneous information.--The
            Secretary, in consultation with the head of the National Crime
            Information Center of the Department of Justice, shall develop
            and implement a procedure by which an alien may petition the
            Secretary or head of the National Crime Information Center, as
            appropriate, to remove any erroneous information provided by
            the Secretary under paragraph (1) related to such alien. Under
            such procedures, failure by the alien to receive notice of a
            violation of the immigration laws shall not constitute cause
            for removing information provided by the Secretary under
            paragraph (1) related to such alien, unless such information is
            erroneous. Notwithstanding the 180-day time period set forth in
            paragraph (1), the Secretary shall not provide the information
            required under paragraph (1) until the procedures required by
            this paragraph are developed and implemented.
        (b) Inclusion of Information in the National Crime Information
    Center Database.--Section 534(a) of title 28, United States Code, is
    amended--
                (1) in paragraph (3), by striking ``and'' at the end;
                (2) by redesignating paragraph (4) as paragraph (5); and
                (3) by inserting after paragraph (3) the following new
            paragraph:
                ``(4) acquire, collect, classify, and preserve records of
            violations of the immigration laws of the United States; and''.

    SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

        Not later than 2 years after the date of the enactment of this Act,
    the Secretary shall negotiate and execute, where practicable, a
    cooperative enforcement agreement described in section 287(g) of the
    Immigration and Nationality Act (8 U.S.C. 1357(g)) with at least 1 law
    enforcement agency in each State, to train law enforcement officers in
    the detection and apprehension of individuals engaged in transporting,
    harboring, sheltering, or encouraging aliens in violation of section
    274 of such Act (8 U.S.C. 1324).

    SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF
                  FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE
                  DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

        (a) Construction or Acquisition of Detention Facilities.--
                (1) In general.--The Secretary shall construct or acquire,
            in addition to existing facilities for the detention of aliens,
            at least 20 detention facilities in the United States that have
            the capacity to detain a combined total of not less than 20,000
            individuals at any time for aliens detained pending removal or
            a decision on removal of such aliens from the United States
            subject to available appropriations.
        (b) Construction of or Acquisition of Detention Facilities.--
                (1) Requirement to construct or acquire.--The Secretary
            shall construct or acquire additional detention facilities in
            the United States to accommodate the detention beds required by
            section 5204(a) of the Intelligence Reform and Terrorism
            Protection Act of 2004, as amended by subsection (a), subject
            to available appropriations.
                (2) Use of alternate detention facilities.--Subject to the
            availability of appropriations, the Secretary shall fully
            utilize all possible options to cost effectively increase
            available detention capacities, and shall utilize detention
            facilities that are owned and operated by the Federal
            Government if the use of such facilities is cost effective.
                (3) Use of installations under base closure laws.--In
            acquiring additional detention facilities under this
            subsection, the Secretary shall consider the transfer of
            appropriate portions of military installations approved for
            closure or realignment under the Defense Base Closure and
            Realignment Act of 1990 (part A of title XXIX of Public Law
            101-510; 10 U.S.C. 2687 note) for use in accordance with
            subsection (a).
                (4) Determination of location.--The location of any
            detention facility constructed or acquired in accordance with
            this subsection shall be determined, with the concurrence of
            the Secretary, by the senior officer responsible for Detention
            and Removal Operations in the Department. The detention
            facilities shall be located so as to enable the officers and
            employees of the Department to increase to the maximum extent
            practicable the annual rate and level of removals of illegal
            aliens from the United States.
        (c) Annual Report to Congress.--Not later than 1 year after the
    date of the enactment of this Act, and annually thereafter, in
    consultation with the heads of other appropriate Federal agencies, the
    Secretary shall submit to Congress an assessment of the additional
    detention facilities and bed space needed to detain unlawful aliens
    apprehended at the United States ports of entry or along the
    international land borders of the United States.
        (d) Technical and Conforming Amendment.--Section 241(g)(1) (8
    U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting
    ``shall expend''.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section.

    SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED
                  WITH FEDERAL OFFENSES.

        (a) Responsibility of United States Attorneys.--Beginning not later
    than 2 years after the date of the enactment of this Act, the office of
    the United States Attorney that is prosecuting a criminal case in a
    Federal court--
                (1) shall determine, not later than 30 days after filing
            the initial pleadings in the case, whether each defendant in
            the case is lawfully present in the United States (subject to
            subsequent legal proceedings to determine otherwise);
                (2)(A) if the defendant is determined to be an alien
            lawfully present in the United States, shall notify the court
            in writing of the determination and the current status of the
            alien under the Immigration and Nationality Act (8 U.S.C. 1101
            et seq.); and
                (B) if the defendant is determined not to be lawfully
            present in the United States, shall notify the court in writing
            of the determination, the defendant's alien status, and, to the
            extent possible, the country of origin or legal residence of
            the defendant; and
                (3) ensure that the information described in paragraph (2)
            is included in the case file and the criminal records system of
            the office of the United States attorney.
        (b) Guidelines.--A determination made under subsection (a)(1) shall
    be made in accordance with guidelines of the Executive Office for
    Immigration Review of the Department of Justice.
        (c) Responsibilities of Federal Courts.--
                (1) Modifications of records and case managements
            systems.--Not later than 2 years after the date of the
            enactment of this Act, all Federal courts that hear criminal
            cases, or appeals of criminal cases, shall modify their
            criminal records and case management systems, in accordance
            with guidelines which the Director of the Administrative Office
            of the United States Courts shall establish, so as to enable
            accurate reporting of information described in subsection
            (a)(2).
                (2) Data entries.--Beginning not later than 2 years after
            the date of the enactment of this Act, each Federal court
            described in paragraph (1) shall enter into its electronic
            records the information contained in each notification to the
            court under subsection (a)(2).
        (d) Construction.--Nothing in this section may be construed to
    provide a basis for admitting evidence to a jury or releasing
    information to the public regarding an alien's immigration status.
        (e) Annual Report to Congress.--The Director of the Administrative
    Office of the United States Courts shall include, in the annual report
    filed with Congress under section 604 of title 28, United States Code--
                (1) statistical information on criminal trials of aliens in
            the courts and criminal convictions of aliens in the lower
            courts and upheld on appeal, including the type of crime in
            each case and including information on the legal status of the
            aliens; and
                (2) recommendations on whether additional court resources
            are needed to accommodate the volume of criminal cases brought
            against aliens in the Federal courts.
        (f) Authorization of Appropriations.--There are authorized to be
    appropriated for each of the fiscal years 2008 through 2012, 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. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.

        Not later than 60 days after the date of enactment of this Act, the
    Attorney General shall issue a directive to expand the Justice Prisoner
    and Alien Transfer System to provide additional services with respect
    to aliens who are illegally present in the United States. Such
    expansion should include--
                (1) increasing the daily operations of such System with
            buses and air hubs in 3 geographic regions;
                (2) allocating a set number of seats for such aliens for
            each metropolitan area;
                (3) allowing metropolitan areas to trade or give some of
            seats allocated to them under the System for such aliens to
            other areas in their region based on the transportation needs
            of each area; and
                (4) requiring an annual report that analyzes of the number
            of seats that each metropolitan area is allocated under this
            System for such aliens and modifies such allocation if
            necessary.

                    TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

    SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

        (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
    as follows:

    ``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

        ``(a) Making Employment of Unauthorized Aliens Unlawful.--
                ``(1) In general.--It is unlawful for an employer--
                        ``(A) to hire, or to recruit or refer for a fee, an
                    alien for employment in the United States knowing, or
                    with reckless disregard, that the alien is an
                    unauthorized alien with respect to such employment; or
                        ``(B) to hire, or to recruit or refer for a fee,
                    for employment in the United States an individual
                    unless such employer meets the requirements of
                    subsections (c) and (d).
                ``(2) Continuing employment.--It is unlawful for an
            employer, after lawfully hiring an alien for employment, to
            continue to employ the alien in the United States knowing that
            the alien is (or has become) an unauthorized alien with respect
            to such employment.
                ``(3) Use of labor through contract.--
                        ``(A) In general.--An employer who uses a contract,
                    subcontract, or exchange to obtain the labor of an
                    alien in the United States knowing, or with reckless
                    disregard--
                                ``(i) that the alien is an unauthorized
                            alien with respect to performing such labor,
                            shall be considered to have hired the alien in
                            violation of paragraph (1)(A); or
                                ``(ii) that the person hiring such alien
                            failed to comply with the requirements of
                            subsections (c) and (d) shall be considered to
                            have hired the alien in violation of paragraph
                            (1)(B).
                        ``(B) Information sharing.--The person hiring the
                    alien shall provide to the employer, who obtains the
                    labor of the alien, the employer identification number
                    assigned to such person by the Commissioner of Internal
                    Revenue. Failure to provide such number shall be
                    considered a recordkeeping violation under subsection
                    (e)(4)(B).
                        ``(C) Reporting requirement.--The employer shall
                    submit to the Electronic Verification System
                    established under subsection (d), in a manner
                    prescribed by the Secretary, the employer
                    identification number provided by the person hiring the
                    alien. Failure to submit such number shall be
                    considered a recordkeeping violation under subsection
                    (e)(4)(B).
                        ``(D) Enforcement.--The Secretary shall implement
                    procedures to utilize the information obtained under
                    subparagraphs (B) and (C) to identify employers who use
                    a contract, subcontract, or exchange to obtain the
                    labor of an alien from another person, where such
                    person hiring such alien fails to comply with the
                    requirements of subsections (c) and (d).
                ``(4) Defense.--
                        ``(A) In general.--Subject to subparagraph (B), an
                    employer that establishes that the employer has
                    complied in good faith with the requirements of
                    subsections (c) and (d) has established an affirmative
                    defense that the employer has not violated paragraph
                    (1)(A) with respect to such hiring, recruiting, or
                    referral.
                        ``(B) Exception.--Until the date that an employer
                    is required to participate in the Electronic Employment
                    Verification System under subsection (d) or is
                    participating in such System on a voluntary basis, the
                    employer may establish an affirmative defense under
                    subparagraph (A) by complying with the requirements of
                    subsection (c).
        ``(b) Order of Internal Review and Certification of Compliance.--
                ``(1) Authority to require certification.--If the Secretary
            has reasonable cause to believe that an employer has failed to
            comply with this section, the Secretary is authorized, at any
            time, to require that the employer certify that the employer is
            in compliance with this section, or has instituted a program to
            come into compliance.
                ``(2) Content of certification.--Not later than 60 days
            after the date an employer receives a request for a
            certification under paragraph (1) the employer shall certify
            under penalty of perjury that--
                        ``(A) the employer is in compliance with the
                    requirements of subsections (c) and (d); or
                        ``(B) that the employer has instituted a program to
                    come into compliance with such requirements.
                ``(3) Extension.--The 60-day period referred to in
            paragraph (2), may be extended by the Secretary for good cause,
            at the request of the employer.
                ``(4) Publication.--The Secretary is authorized to publish
            in the Federal Register standards or methods for certification
            under paragraph (1) and for specific recordkeeping practices
            with respect to such certification, and procedures for the
            audit of any records related to such certification.
        ``(c) Document Verification Requirements.--An employer hiring, or
    recruiting or referring for a fee, an individual for employment in the
    United States shall verify that the individual is eligible for such
    employment by meeting the following requirements:
                ``(1) Attestation by employer.--
                        ``(A) Requirements.--
                                ``(i) In general.--The employer shall
                            attest, under penalty of perjury and on a form
                            prescribed by the Secretary, that the employer
                            has verified the identity and eligibility for
                            employment of the individual by examining a
                            document described in subparagraph (B).
                                ``(ii) Signature requirements.--An
                            attestation required by clause (i) may be
                            manifested by a handwritten or electronic
                            signature.
                                ``(iii) Standards for examination.--The
                            employer has complied with the requirement of
                            this paragraph with respect to examination of
                            documentation if a reasonable person would
                            conclude that the document examined is genuine
                            and relates to the individual whose identity
                            and eligibility for employment in the United
                            States is being verified. If the individual
                            provides a document sufficient to meet the
                            requirements of this paragraph, nothing in this
                            paragraph shall be construed as requiring an
                            employer to solicit any other document or as
                            requiring the individual to produce any other
                            document.
                        ``(B) Identification documents.--A document
                    described in this subparagraph is--
                                ``(i) in the case of an individual who is a
                            national of the United States--
                                        ``(I) a United States passport; or
                                        ``(II) a driver's license or
                                    identity card issued by a State, the
                                    Commonwealth of the Northern Mariana
                                    Islands, or an outlying possession of
                                    the United States that satisfies the
                                    requirements of division B of Public
                                    Law 109-13 (119 Stat. 302);
                                ``(ii) in the case of an alien lawfully
                            admitted for permanent residence in the United
                            States, a permanent resident card, as specified
                            by the Secretary;
                                ``(iii) in the case of an alien who is
                            authorized under this Act or by the Secretary
                            to be employed in the United States, an
                            employment authorization card, as specified by
                            the Secretary that--
                                        ``(I) contains a photograph of the
                                    individual or other identifying
                                    information, including name, date of
                                    birth, gender, and address; and
                                        ``(II) contains security features
                                    to make the document resistant to
                                    tampering, counterfeiting, and
                                    fraudulent use;
                                ``(iv) in the case of an individual who is
                            unable to obtain a document described in clause
                            (i), (ii), or (iii), a document designated by
                            the Secretary that--
                                        ``(I) contains a photograph of the
                                    individual or other identifying
                                    information, including name, date of
                                    birth, gender, and address; and
                                        ``(II) contains security features
                                    to make the document resistant to
                                    tampering, counterfeiting, and
                                    fraudulent use; or
                                ``(v) until the date that an employer is
                            required to participate in the Electronic
                            Employment Verification System under subsection
                            (d) or is participating in such System on a
                            voluntary basis, a document, or a combination
                            of documents, of such type that, as of the date
                            of the enactment of the Comprehensive
                            Immigration Reform Act of 2007, the Secretary
                            had established by regulation were sufficient
                            for purposes of this section.
                        ``(C) Authority to prohibit use of certain
                    documents.--
                                ``(i) Authority.--If the Secretary finds
                            that a document or class of documents described
                            in subparagraph (B) is not reliable to
                            establish identity or is being used
                            fraudulently to an unacceptable degree, the
                            Secretary shall prohibit, or impose conditions,
                            on the use of such document or class of
                            documents for purposes of this subsection.
                                ``(ii) Requirement for publication.--The
                            Secretary shall publish notice of any findings
                            under clause (i) in the Federal Register.
                ``(2) Attestation of employee.--
                        ``(A) Requirements.--
                                ``(i) In general.--The individual shall
                            attest, under penalty of perjury on the form
                            described in paragraph (1)(A)(i), that the
                            individual is a national of the United States,
                            an alien lawfully admitted for permanent
                            residence, or an alien who is authorized under
                            this Act or by the Secretary to be hired, or to
                            be recruited or referred for a fee, in the
                            United States.
                                ``(ii) Signature for examination.--An
                            attestation required by clause (i) may be
                            manifested by a handwritten or electronic
                            signature.
                        ``(B) Penalties.--An individual who falsely
                    represents that the individual is eligible for
                    employment in the United States in an attestation
                    required by subparagraph (A) shall, for each such
                    violation, be subject to a fine of not more than
                    $5,000, a term of imprisonment not to exceed 3 years,
                    or both.
                ``(3) Retention of attestation.--The employer shall retain
            a paper, microfiche, microfilm, or electronic version of the
            attestations made under paragraph (1) and (2) and make such
            attestations available for inspection by an officer of the
            Department of Homeland Security, any other person designated by
            the Secretary, the Special Counsel for Immigration-Related
            Unfair Employment Practices of the Department of Justice, or
            the Secretary of Labor during a period beginning on the date of
            the hiring, or recruiting or referring for a fee, of the
            individual and ending--
                        ``(A) in the case of the recruiting or referral for
                    a fee (without hiring) of an individual, 5 years after
                    the date of the recruiting or referral; or
                        ``(B) in the case of the hiring of an individual
                    the later of--
                                ``(i) 5 years after the date of such
                            hiring;
                                ``(ii) 1 year after the date the
                            individual's employment is terminated; or
                                ``(iii) in the case of an employer or class
                            of employers, a period that is less than the
                            applicable period described in clause (i) or
                            (ii) if the Secretary reduces such period for
                            such employer or class of employers.
                ``(4) Document retention and recordkeeping requirements.--
                        ``(A) Retention of documents.--Notwithstanding any
                    other provision of law, an employer shall retain, for
                    the applicable period described in paragraph (3), the
                    following documents:
                                ``(i) In general.--The employer shall copy
                            all documents presented by an individual
                            described in paragraph (1)(B) and shall retain
                            paper, microfiche, microfilm, or electronic
                            copies of such documents. Such copies shall be
                            designated as copied documents.
                                ``(ii) Other documents.--The employer shall
                            maintain records of any action taken and copies
                            of any correspondence written or received with
                            respect to the verification of an individual's
                            identity or eligibility for employment in the
                            United States.
                        ``(B) Use of retained documents.--An employer shall
                    use copies retained under clause (i) or (ii) of
                    subparagraph (A) only for the purposes of complying
                    with the requirements of this subsection, except as
                    otherwise permitted under law.
                ``(5) Penalties.--An employer that fails to comply with the
            recordkeeping requirements of this subsection shall be subject
            to the penalties described in subsection (e)(4)(B).
                ``(6) No authorization of national identification cards.--
            Nothing in this section may be construed to authorize, directly
            or indirectly, the issuance, use, or establishment of a
            national identification card.
        ``(d) Electronic Employment Verification System.--
                ``(1) Requirement for system.--The Secretary, in
            cooperation with the Commissioner of Social Security, shall
            implement an Electronic Employment Verification System
            (referred to in this subsection as the `System') to determine
            whether--
                        ``(A) the identifying information submitted by an
                    individual is consistent with the information
                    maintained by the Secretary or the Commissioner of
                    Social Security; and
                        ``(B) such individual is eligible for employment in
                    the United States.
                ``(2) Requirement for participation.--The Secretary shall
            require all employers in the United States to participate in
            the System, with respect to all employees hired by the employer
            on or after the date that is 18 months after the date that not
            less than $400,000,000 have been appropriated and made
            available to implement this subsection.
                ``(3) Other participation in system.--Notwithstanding
            paragraph (2), the Secretary has the authority--
                        ``(A) to permit any employer that is not required
                    to participate in the System under paragraph (2) to
                    participate in the System on a voluntary basis; and
                        ``(B) to require any employer or class of employers
                    to participate on a priority basis in the System with
                    respect to individuals employed as of, or hired after,
                    the date of enactment of the Comprehensive Immigration
                    Reform Act of 2007--
                                ``(i) if the Secretary designates such
                            employer or class of employers as a critical
                            employer based on an assessment of homeland
                            security or national security needs; or
                                ``(ii) if the Secretary has reasonable
                            cause to believe that the employer has engaged
                            in material violations of paragraph (1), (2),
                            or (3) of subsection (a).
                ``(4) Requirement to notify.--The Secretary shall notify
            the employer or class of employers in writing regarding the
            requirement for participation in the System under paragraph
            (3)(B) not less than 60 days prior to the effective date of
            such requirement. Such notice shall include the training
            materials described in paragraph (8)(E)(v).
                ``(5) Registration of employers.--An employer shall
            register the employer's participation in the System in the
            manner prescribed by the Secretary prior to the date the
            employer is required or permitted to submit information with
            respect to an employee under this subsection.
                ``(6) Additional guidance.--A registered employer shall be
            permitted to utilize any technology that is consistent with
            this section and with any regulation or guidance from the
            Secretary to streamline the procedures to facilitate compliance
            with--
                        ``(A) the attestation requirement in subsection
                    (c); and
                        ``(B) the employment eligibility verification
                    requirements in this subsection.
                ``(7) Consequence of failure to participate.--If an
            employer is required to participate in the System and fails to
            comply with the requirements of the System with respect to an
            employee--
                        ``(A) such failure shall be treated as a violation
                    of subsection (a)(1)(B); and
                        ``(B) a rebuttable presumption is created that the
                    employer has violated subsection (a)(1)(A), however,
                    such presumption may not apply to a prosecution under
                    subsection (f)(1).
                ``(8) Design and operation of system.--
                        ``(A) In general.--The Secretary shall, through the
                    System--
                                ``(i) respond to each inquiry made by a
                            registered employer through the Internet or
                            other electronic media, or over a toll-free
                            telephone line regarding an individual's
                            identity and eligibility for employment in the
                            United States; and
                                ``(ii) maintain a record of each such
                            inquiry and the information provided in
                            response to such inquiry.
                        ``(B) Initial inquiry.--
                                ``(i) Information required.--A registered
                            employer shall, with respect to the hiring, or
                            recruiting or referring for a fee, any
                            individual for employment in the United States,
                            obtain from the individual and record on the
                            form described in subsection (c)(1)(A)(i)--
                                        ``(I) the individual's name and
                                    date of birth and, if the individual
                                    was born in the United States, the
                                    State in which such individual was
                                    born;
                                        ``(II) the individual's social
                                    security account number;
                                        ``(III) the employment
                                    identification number of the
                                    individual's employer during any one of
                                    the 5 most recently completed calendar
                                    years; and
                                        ``(IV) in the case of an individual
                                    who does not attest that the individual
                                    is a national of the United States
                                    under subsection (c)(1)(A)(i), such
                                    alien identification or authorization
                                    number that the Secretary shall
                                    require.
                                ``(ii) Submission to system.--A registered
                            employer shall submit an inquiry through the
                            System to seek confirmation of the individual's
                            identity and eligibility for employment in the
                            United States--
                                        ``(I) not later than 3 days after
                                    the date of the hiring, or recruiting
                                    or referring for a fee, of the
                                    individual (as the case may be); or
                                        ``(II) in the case of an employee
                                    hired by a critical employer designated
                                    by the Secretary under paragraph (3)(B)
                                    at such time as the Secretary shall
                                    specify.
                                ``(iii) Employer identification number
                            requirements.--
                                        ``(I) Requirement to provide.--An
                                    employer shall provide the employer
                                    identification number issued to such
                                    employer to the individual, upon
                                    request, for purposes of providing the
                                    information under clause (i)(III).
                                        ``(II) Requirement to affirmatively
                                    state a lack of recent employment.--An
                                    individual providing information under
                                    clause (i)(III) who was not employed in
                                    the United States during any of the 5
                                    most recently completed calendar years
                                    shall affirmatively state on the form
                                    described in subsection (c)(1)(A)(i)
                                    that no employer identification number
                                    is provided because the individual was
                                    not employed in the United States
                                    during such period.
                        ``(C) Initial response.--Not later than 10 days
                    after an employer submits an inquiry to the System
                    regarding an individual, the Secretary shall provide,
                    through the System, to the employer--
                                ``(i) if the System is able to confirm the
                            individual's identity and eligibility for
                            employment in the United States, a confirmation
                            notice, including the appropriate codes on such
                            confirmation notice; or
                                ``(ii) if the System is unable to confirm
                            the individual's identity or eligibility for
                            employment in the United States, and after a
                            secondary manual verification has been
                            conducted, a tentative nonconfirmation notice,
                            including the appropriate codes on such
                            tentative nonconfirmation notice.
                        ``(D) Confirmation or nonconfirmation.--
                                ``(i) Confirmation upon initial inquiry.--
                            If an employer receives a confirmation notice
                            under paragraph (C)(i) for an individual, the
                            employer shall record, on the form described in
                            subsection (c)(1)(A)(i), the appropriate code
                            provided in such notice.
                                ``(ii) Tentative nonconfirmation.--If an
                            employer receives a tentative nonconfirmation
                            notice under paragraph (C)(ii) for an
                            individual, the employer shall inform such
                            individual of the issuance of such notice in
                            writing, on a form prescribed by the Secretary
                            not later than 3 days after receiving such
                            notice. Such individual shall acknowledge
                            receipt of such notice in writing on the form
                            described in subsection (c)(1)(A)(i).
                                ``(iii) No contest.--If the individual does
                            not contest the tentative nonconfirmation
                            notice within 10 days of receiving notice from
                            the individual's employer, the notice shall
                            become final and the employer shall record on
                            the form described in subsection (1)(A)(i), the
                            appropriate code provided through the System to
                            indicate the individual did not contest the
                            tentative nonconfirmation. An individual's
                            failure to contest a tentative nonconfirmation
                            shall not be considered an admission of guilt
                            with respect to any violation of this Act or
                            any other provision of law.
                                ``(iv) Contest.--If the individual contests
                            the tentative nonconfirmation notice, the
                            individual shall submit appropriate information
                            to contest such notice under the procedures
                            established in subparagraph (E)(iii) not later
                            than 10 days after receiving the notice from
                            the individual's employer.
                                ``(v) Effective period of tentative
                            nonconfirmation notice.--A tentative
                            nonconfirmation notice shall remain in effect
                            until such notice becomes final under clause
                            (iii), or the earlier of--
                                        ``(I) a final confirmation notice
                                    or final nonconfirmation notice is
                                    issued through the System; or
                                        ``(II) 30 days after the individual
                                    contests a tentative nonconfirmation
                                    under clause (iv).
                                ``(vi) Automatic final notice.--
                                        ``(I) In general.--If a final
                                    notice is not issued within the 30-day
                                    period described in clause (v)(II), the
                                    Secretary shall automatically provide
                                    to the employer, through the System,
                                    the appropriate code indicating a final
                                    notice.
                                        ``(II) Period prior to initial
                                    certification.--During the period
                                    beginning on the date of the enactment
                                    of the Comprehensive Immigration Reform
                                    Act of 2007 and ending on the date the
                                    Secretary submits the initial report
                                    described in subparagraph (E)(ii), an
                                    automatic notice issued under subclause
                                    (I) shall be a final confirmation
                                    notice.
                                        ``(III) Period after initial
                                    certification.--After the date that the
                                    Secretary submits the initial report
                                    described in subparagraph (E)(ii), an
                                    automatic notice issued under subclause
                                    (I) shall be a final confirmation
                                    notice unless the most recent such
                                    report includes a certification that
                                    the System is able to correctly issue,
                                    within the period beginning on the date
                                    an employer submits an inquiry to the
                                    System and ending on the date an
                                    automatic default notice would be
                                    issued by the System, a final notice in
                                    at least 99 percent of the cases in
                                    which the notice relates to an
                                    individual who is eligible for
                                    employment in the United States. If the
                                    most recent such report includes such a
                                    certification, the automatic notice
                                    issued under subclause (I) shall be a
                                    final nonconfirmation notice.
                                        ``(IV) Additional authority.--
                                    Notwithstanding the second sentence of
                                    subclause (III), the Secretary shall
                                    have the authority to issue a final
                                    confirmation notice for an individual
                                    who would be subject to a final
                                    nonconfirmation notice under such
                                    sentence. In such a case, the Secretary
                                    shall determine the individual's
                                    eligibility for employment in the
                                    United States and record the results of
                                    such determination in the System within
                                    12 months.
                                ``(vii) Effective period of final notice.--
                            A final confirmation notice issued under this
                            paragraph for an individual shall remain in
                            effect--
                                        ``(I) during any continuous period
                                    of employment of such individual by
                                    such employer, unless the Secretary
                                    determines the final confirmation was
                                    the result of identity fraud; or
                                        ``(II) in the case of an alien
                                    authorized to be employed in the United
                                    States for a temporary period, during
                                    such period.
                                ``(viii) Prohibition on termination.--An
                            employer may not terminate the employment of an
                            individual based on a tentative nonconfirmation
                            notice until such notice becomes final under
                            clause (iii) or a final nonconfirmation notice
                            is issued for the individual by the System.
                            Nothing in this clause shall prohibit the
                            termination of employment for any reason other
                            than such tentative nonconfirmation.
                                ``(ix) Recording of contest resolution.--
                            The employer shall record on the form described
                            in subsection (c)(1)(A)(i) the appropriate code
                            that is provided through the System to indicate
                            a final confirmation notice or final
                            nonconfirmation notice.
                                ``(x) Consequences of nonconfirmation.--If
                            the employer has received a final
                            nonconfirmation regarding an individual, the
                            employer shall terminate the employment,
                            recruitment, or referral of the individual.
                            Such employer shall provide to the Secretary
                            any information relating to the individual that
                            the Secretary determines would assist the
                            Secretary in enforcing or administering the
                            immigration laws. If the employer continues to
                            employ, recruit, or refer the individual after
                            receiving final nonconfirmation, a rebuttable
                            presumption is created that the employer has
                            violated subsections (a)(1)(A) and (a)(2). Such
                            presumption may not apply to a prosecution
                            under subsection (f)(1).
                        ``(E) Responsibilities of the secretary.--
                                ``(i) In general.--The Secretary shall
                            establish a reliable, secure method to provide
                            through the System, within the time periods
                            required by this subsection--
                                        ``(I) a determination of whether
                                    the name and alien identification or
                                    authorization number provided in an
                                    inquiry by an employer is consistent
                                    with such information maintained by the
                                    Secretary in order to confirm the
                                    validity of the information provided;
                                    and
                                        ``(II) a determination of whether
                                    the individual is authorized to be
                                    employed in the United States.
                                ``(ii) Annual report and certification.--
                            Not later than the date that is 24 months after
                            the date that not less than $400,000,000 have
                            been appropriated and made available to the
                            Secretary to implement this subsection, and
                            annually thereafter, the Secretary shall submit
                            to Congress a report that includes--
                                        ``(I) an assessment of whether the
                                    System is able to correctly issue,
                                    within the period described in
                                    subparagraph (D)(v)(II), a final notice
                                    in at least 99 percent of the cases in
                                    which the final notice relates to an
                                    individual who is eligible for
                                    employment in the United States
                                    (excluding an individual who fails to
                                    contest a tentative nonconfirmation
                                    notice); and
                                        ``(II) if the assessment under
                                    subclause (I) is that the System is
                                    able to correctly issue within the
                                    specified time period a final notice in
                                    at least 99 percent of the cases
                                    described in such subclause, a
                                    certification of such assessment.
                                ``(iii) Contest and self-verification.--The
                            Secretary in consultation with the Commissioner
                            of Social Security, shall establish procedures
                            to permit an individual who contests a
                            tentative or final nonconfirmation notice, or
                            seeks to verify the individual's own employment
                            eligibility prior to obtaining or changing
                            employment, to contact the appropriate agency
                            and, in a timely manner, correct or update the
                            information used by the System.
                                ``(iv) Information to employee.--The
                            Secretary shall develop a written form for
                            employers to provide to individuals who receive
                            a tentative or final nonconfirmation notice.
                            Such form shall be made available in a language
                            other than English, as necessary and
                            reasonable, and shall include--
                                        ``(I) information about the reason
                                    for such notice;
                                        ``(II) the right to contest such
                                    notice;
                                        ``(III) contact information for the
                                    appropriate agency and instructions for
                                    initiating such contest; and
                                        ``(IV) a 24-hour toll-free
                                    telephone number to respond to
                                    inquiries related to such notice.
                                ``(v) Training materials.--The Secretary
                            shall make available or provide to the
                            employer, upon request, not later than 60 days
                            prior to such employer's participation in the
                            System, appropriate training materials to
                            facilitate compliance with this subsection, and
                            sections 274B(a)(7) and 274C(a).
                        ``(F) Responsibilities of the commissioner of
                    social security.--The responsibilities of the
                    Commissioner of Social Security with respect to the
                    System are set out in section 205(c)(2) of the Social
                    Security Act.
                ``(9) Protection from liability.--No employer that
            participates in the System shall be liable under any law for
            any employment-related action taken with respect to an
            individual in good faith reliance on information provided by
            the System.
                ``(10) Administrative review.--
                        ``(A) In general.--An individual who is terminated
                    from employment as a result of a final nonconfirmation
                    notice may, not later than 60 days after the date of
                    such termination, file an appeal of such notice.
                        ``(B) Procedures.--The Secretary and Commissioner
                    of Social Security shall develop procedures to review
                    appeals filed under subparagraph (A) and to make final
                    determinations on such appeals.
                        ``(C) Review for errors.--If a final determination
                    on an appeal filed under subparagraph (A) results in a
                    confirmation of an individual's eligibility to work in
                    the United States, the administrative review process
                    shall require the Secretary to determine if the final
                    nonconfirmation notice issued for the individual was
                    the result of--
                                ``(i) an error or negligence on the part of
                            an employee or official operating or
                            responsible for the System;
                                ``(ii) the decision rules, processes, or
                            procedures utilized by the System; or
                                ``(iii) erroneous system information that
                            was not the result of acts or omissions of the
                            individual.
                        ``(D) Compensation for error.--
                                ``(i) In general.--If the Secretary makes a
                            determination under subparagraph (C) that the
                            final nonconfirmation notice issued for an
                            individual was not caused by an act or omission
                            of the individual, the Secretary shall
                            compensate the individual for lost wages.
                                ``(ii) Calculation of lost wages.--Lost
                            wages shall be calculated based on the wage
                            rate and work schedule that prevailed prior to
                            termination. The individual shall be
                            compensated for wages lost beginning on the
                            first scheduled work day after employment was
                            terminated and ending 180 days after completion
                            of the administrative review process described
                            in this paragraph or the day after the
                            individual is reinstated or obtains employment
                            elsewhere, whichever occurs first.
                        ``(E) Limitation on compensation.--For purposes of
                    determining an individual's compensation for the loss
                    of employment, such compensation shall not include any
                    period in which the individual was ineligible for
                    employment in the United States.
                        ``(F) Source of funds.--Compensation or
                    reimbursement provided under this paragraph shall not
                    be provided from funds appropriated in annual
                    appropriations Acts to the Secretary for the Department
                    of Homeland Security.
                ``(11) Judicial review.--
                        ``(A) In general.--After the Secretary makes a
                    final determination on an appeal filed by an individual
                    under the administrative review process described in
                    paragraph (10), the individual may obtain judicial
                    review of such determination by a civil action
                    commenced not later than 60 days after the date of such
                    decision, or such further time as the Secretary may
                    allow.
                        ``(B) Jurisdiction.--A civil action for such
                    judicial review shall be brought in the district court
                    of the United States for the judicial district in which
                    the plaintiff resides, or has a principal place of
                    business, or, if the plaintiff does not reside or have
                    a principal place of business within any such judicial
                    district, in the District Court of the United States
                    for the District of Columbia.
                        ``(C) Answer.--As part of the Secretary's answer to
                    a complaint for such judicial review, the Secretary
                    shall file a certified copy of the administrative
                    record compiled during the administrative review under
                    paragraph (10), including the evidence upon which the
                    findings and decision complained of are based. The
                    court shall have power to enter, upon the pleadings and
                    transcript of the record, a judgment affirming or
                    reversing the result of that administrative review,
                    with or without remanding the cause for a rehearing.
                        ``(D) Compensation for error.--
                                ``(i) In general.--In cases in which such
                            judicial review reverses the final
                            determination of the Secretary made under
                            paragraph (10), the court shall compensate the
                            individual for lost wages.
                                ``(ii) Calculation of lost wages.--Lost
                            wages shall be calculated based on the wage
                            rate and work scheduled that prevailed prior to
                            termination. The individual shall be
                            compensated for wages lost beginning on the
                            first scheduled work day after employment was
                            terminated and ending 180 days after completion
                            of the judicial review described in this
                            paragraph or the day after the individual is
                            reinstated or obtains employment elsewhere,
                            whichever occurs first.
                ``(12) Limitation on collection and use of data.--
                        ``(A) Limitation on collection of data.--
                                ``(i) In general.--The System shall collect
                            and maintain only the minimum data necessary to
                            facilitate the successful operation of the
                            System, and in no case shall the data be other
                            than--
                                        ``(I) information necessary to
                                    register employers under paragraph (5);
                                        ``(II) information necessary to
                                    initiate and respond to inquiries or
                                    contests under paragraph (8);
                                        ``(III) information necessary to
                                    establish and enforce compliance with
                                    paragraphs (5) and (8);
                                        ``(IV) information necessary to
                                    detect and prevent employment related
                                    identity fraud; and
                                        ``(V) such other information the
                                    Secretary determines is necessary,
                                    subject to a 180 day notice and comment
                                    period in the Federal Register.
                                ``(ii) Penalties.--Any officer, employee,
                            or contractor who willfully and knowingly
                            collects and maintains data in the System other
                            than data described in clause (i) shall be
                            guilty of a misdemeanor and fined not more than
                            $1,000 for each violation.
                        ``(B) Limitation on use of data.--Whoever willfully
                    and knowingly accesses, discloses, or uses any
                    information obtained or maintained by the System--
                                ``(i) for the purpose of committing
                            identity fraud, or assisting another person in
                            committing identity fraud, as defined in
                            section 1028 of title 18, United States Code;
                                ``(ii) for the purpose of unlawfully
                            obtaining employment in the United States or
                            unlawfully obtaining employment in the United
                            States for any other person; or
                                ``(iii) for any purpose other than as
                            provided for under any provision of law;
                    shall be guilty of a felony and upon conviction shall
                    be fined under title 18, United States Code, or
                    imprisoned for not more than 5 years, or both.
                        ``(C) Exceptions.--Nothing in subparagraph (A) or
                    (B) may be construed to limit the collection,
                    maintenance, or use of data by the Commissioner of
                    Internal Revenue or the Commissioner of Social Security
                    as provided by law.
                ``(13) Modification authority.--The Secretary, after notice
            is submitted to Congress and provided to the public in the
            Federal Register, is authorized to modify the requirements of
            this subsection with respect to completion of forms, method of
            storage, attestations, copying of documents, signatures,
            methods of transmitting information, and other operational and
            technical aspects to improve the efficiency, accuracy, and
            security of the System.
                ``(14) Annual gao study and report.--
                        ``(A) Requirement.--The Comptroller General of the
                    United States shall conduct an annual study of the
                    System.
                        ``(B) Purpose.--The study shall evaluate the
                    accuracy, efficiency, integrity, and impact of the
                    System.
                        ``(C) Report.--Not later than the date that is 24
                    months after the date that not less than $400,000,000
                    have been appropriated and made available to the
                    Secretary to implement this subsection, and annually
                    thereafter, the Comptroller General shall submit to
                    Congress a report containing the findings of the study
                    carried out under this paragraph. Each such report
                    shall include, at a minimum, the following:
                                ``(i) An assessment of the annual report
                            and certification described in paragraph
                            (8)(E)(ii).
                                ``(ii) An assessment of System performance
                            with respect to the rate at which individuals
                            who are eligible for employment in the United
                            States are correctly approved within each of
                            the periods specified in paragraph (8),
                            including a separate assessment of such rate
                            for nationals and aliens.
                                ``(iii) An assessment of the privacy and
                            security of the System and its effects on
                            identity fraud or the misuse of personal data.
                                ``(iv) An assessment of the effects of the
                            System on the employment of unauthorized
                            aliens.
                                ``(v) An assessment of the effects of the
                            System, including the effects of tentative
                            confirmations, on unfair immigration-related
                            employment practices and employment
                            discrimination based on national origin or
                            citizenship status.
                                ``(vi) An assessment of whether the
                            Secretary and the Commissioner of Social
                            Security have adequate resources to carry out
                            the duties and responsibilities of this
                            section.
        ``(e) Compliance.--
                ``(1) Complaints and investigations.--The Secretary shall
            establish procedures--
                        ``(A) for individuals and entities to file
                    complaints regarding potential violations of subsection
                    (a);
                        ``(B) for the investigation of such complaints that
                    the Secretary determines are appropriate to
                    investigate; and
                        ``(C) for the investigation of other violations of
                    subsection (a) that the Secretary determines is
                    appropriate.
                ``(2) Authority in investigations.--
                        ``(A) In general.--In conducting investigations and
                    hearings under this subsection, officers and employees
                    of the Department of Homeland Security--
                                ``(i) shall have reasonable access to
                            examine evidence regarding any employer being
                            investigated; and
                                ``(ii) if designated by the Secretary, may
                            compel by subpoena the attendance of witnesses
                            and the production of evidence at any
                            designated place in an investigation or case
                            under this subsection.
                        ``(B) Failure to cooperate.--In case of refusal to
                    obey a subpoena lawfully issued under subparagraph
                    (A)(ii), the Secretary may request that the Attorney
                    General apply in an appropriate district court of the
                    United States for an order requiring compliance with
                    such subpoena, and any failure to obey such order may
                    be punished by such court as contempt.
                        ``(C) Department of labor.--The Secretary of Labor
                    shall have the investigative authority provided under
                    section 11(a) of the Fair Labor Standards Act of 1938
                    (29 U.S.C. 211(a)) to ensure compliance with the
                    provisions of this section.
                ``(3) Compliance procedures.--
                        ``(A) Prepenalty notice.--If the Secretary has
                    reasonable cause to believe that there has been a
                    violation of a requirement of this section and
                    determines that further proceedings related to such
                    violation are warranted, the Secretary shall issue to
                    the employer concerned a written notice of the
                    Secretary's intention to issue a claim for a fine or
                    other penalty. Such notice shall--
                                ``(i) describe the violation;
                                ``(ii) specify the laws and regulations
                            allegedly violated;
                                ``(iii) specify the amount of fines or
                            other penalties to be imposed;
                                ``(iv) disclose the material facts which
                            establish the alleged violation; and
                                ``(v) inform such employer that the
                            employer shall have a reasonable opportunity to
                            make representations as to why a claim for a
                            monetary or other penalty should not be
                            imposed.
                        ``(B) Remission or mitigation of penalties.--
                                ``(i) Review by secretary.--If the
                            Secretary determines that such fine or other
                            penalty was incurred erroneously, or determines
                            the existence of such mitigating circumstances
                            as to justify the remission or mitigation of
                            such fine or penalty, the Secretary may remit
                            or mitigate such fine or other penalty on the
                            terms and conditions as the Secretary
                            determines are reasonable and just, or order
                            termination of any proceedings related to the
                            notice.
                                ``(ii) Applicability.--This subparagraph
                            may not apply to an employer that has or is
                            engaged in a pattern or practice of violations
                            of paragraph (1), (2), or (3) of subsection (a)
                            or of any other requirements of this section.
                        ``(C) Penalty claim.--After considering evidence
                    and representations offered by the employer, the
                    Secretary shall determine whether there was a violation
                    and promptly issue a written final determination
                    setting forth the findings of fact and conclusions of
                    law on which the determination is based and the
                    appropriate penalty.
                ``(4) Civil penalties.--
                        ``(A) Hiring or continuing to employ unauthorized
                    aliens.--Any employer that violates any provision of
                    paragraph (1), (2), or (3) of subsection (a) shall pay
                    civil penalties as follows:
                                ``(i) Pay a civil penalty of not less than
                            $500 and not more than $4,000 for each
                            unauthorized alien with respect to each such
                            violation.
                                ``(ii) If the employer has previously been
                            fined 1 time during the 12-month period
                            preceding the violation under this
                            subparagraph, pay a civil penalty of not less
                            than $4,000 and not more than $10,000 for each
                            unauthorized alien with respect to each such
                            violation.
                                ``(iii) If the employer has previously been
                            fined more than 1 time during the 24-month
                            period preceding the violation under this
                            subparagraph or has failed to comply with a
                            previously issued and final order related to
                            any such provision, pay a civil penalty of not
                            less than $6,000 and not more than $20,000 for
                            each unauthorized alien with respect to each
                            such violation.
                        ``(B) Recordkeeping or verification practices.--Any
                    employer that violates or fails to comply with the
                    recordkeeping requirements of subsections (a), (c), and
                    (d), shall pay a civil penalty as follows:
                                ``(i) Pay a civil penalty of not less than
                            $200 and not more than $2,000 for each such
                            violation.
                                ``(ii) If the employer has previously been
                            fined 1 time during the 12-month period
                            preceding the violation under this
                            subparagraph, pay a civil penalty of not less
                            than $400 and not more than $4,000 for each
                            such violation.
                                ``(iii) If the employer has previously been
                            fined more than 1 time during the 24-month
                            period preceding the violation under this
                            subparagraph or has failed to comply with a
                            previously issued and final order related to
                            such requirements, pay a civil penalty of not
                            less than $600 and not more than $6,000 for
                            each such violation.
                        ``(C) Other penalties.--Notwithstanding
                    subparagraphs (A) and (B), the Secretary may impose
                    additional penalties for violations, including
                    violations of cease and desist orders, specially
                    designed compliance plans to prevent further
                    violations, suspended fines to take effect in the event
                    of a further violation, and in appropriate cases, the
                    criminal penalty described in subsection (f).
                ``(5) Judicial review.--An employer adversely affected by a
            final determination may, within 45 days after the date the
            final determination is issued, file a petition in any
            appropriate district court of the United States. The filing of
            a petition as provided in this paragraph shall stay the
            Secretary's determination until entry of judgment by the court.
            The burden shall be on the employer to show that the final
            determination was not supported by substantial evidence. The
            Secretary is authorized to require that the petitioner provide,
            prior to filing for review, security for payment of fines and
            penalties through bond or other guarantee of payment acceptable
            to the Secretary.
                ``(6) Enforcement of orders.--If an employer fails to
            comply with a final determination issued against that employer
            under this subsection, and the final determination is not
            subject to review as provided in paragraph (5), the Attorney
            General may file suit to enforce compliance with the final
            determination, not earlier than 46 days and not later than 180
            days after the date the final determination is issued, in any
            appropriate district court of the United States. In any such
            suit, the validity and appropriateness of the final
            determination shall not be subject to review.
                ``(7) Recovery of costs and attorney's fees.--In any appeal
            brought under paragraph (5) or suit brought under paragraph (6)
            of this section the employer shall be entitled to recover from
            the Secretary reasonable costs and attorney's fees if such
            employer substantially prevails on the merits of the case. Such
            an award of attorney's fees may not exceed $25,000. Any such
            costs and attorney's fees assessed against the Secretary shall
            be charged against the operating expenses of the Department for
            the fiscal year in which the assessment is made, and may not be
            reimbursed from any other source.
        ``(f) Criminal Penalties and Injunctions for Pattern or Practice
    Violations.--
                ``(1) Criminal penalty.--An employer that engages in a
            pattern or practice of knowing violations of subsection
            (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for
            each unauthorized alien with respect to whom such a violation
            occurs, imprisoned for not more than 3 years for the entire
            pattern or practice, or both.
                ``(2) Enjoining of pattern or practice violations.--If the
            Secretary or the Attorney General has reasonable cause to
            believe that an employer is engaged in a pattern or practice of
            employment, recruitment, or referral in violation of paragraph
            (1)(A) or (2) of subsection (a), the Attorney General may bring
            a civil action in the appropriate district court of the United
            States requesting a permanent or temporary injunction,
            restraining order, or other order against the employer, as the
            Secretary deems necessary.
        ``(g) Adjustment for Inflation.--All penalties and limitations on
    the recovery of costs and attorney's fees in this section shall be
    increased every 4 years beginning January 2010 to reflect the
    percentage increase in the consumer price index for all urban consumers
    (all items; U.S. city average) for the 48-month period ending with
    September of the year preceding the year such adjustment is made. Any
    adjustment under this subparagraph shall be rounded to the nearest
    dollar.
        ``(h) Prohibition of Indemnity Bonds.--
                ``(1) Prohibition.--It is unlawful for an employer, in the
            hiring, recruiting, or referring for a fee, of an individual,
            to require the individual to post a bond or security, to pay or
            agree to pay an amount, or otherwise to provide a financial
            guarantee or indemnity, against any potential liability arising
            under this section relating to such hiring, recruiting, or
            referring of the individual.
                ``(2) Civil penalty.--Any employer which is determined,
            after notice and opportunity for mitigation of the monetary
            penalty under subsection (e), to have violated paragraph (1) of
            this subsection shall be subject to a civil penalty of $10,000
            for each violation and to an administrative order requiring the
            return of any amounts received in violation of such paragraph
            to the employee or, if the employee cannot be located, to the
            Employer Compliance Fund established under section 286(w).
        ``(i) Prohibition on Award of Government Contracts, Grants, and
    Agreements.--
                ``(1) Employers with no contracts, grants, or agreements.--
                        ``(A) In general.--If an employer who does not hold
                    a Federal contract, grant, or cooperative agreement is
                    determined by the Secretary to be a repeat violator of
                    this section or is convicted of a crime under this
                    section, the employer shall be debarred from the
                    receipt of a Federal contract, grant, or cooperative
                    agreement for a period of 5 years. The Secretary or the
                    Attorney General shall advise the Administrator of
                    General Services of such a debarment, and the
                    Administrator of General Services shall list the
                    employer on the List of Parties Excluded from Federal
                    Procurement and Nonprocurement Programs for a period of
                    5 years.
                        ``(B) Waiver.--The Administrator of General
                    Services, in consultation with the Secretary and the
                    Attorney General, may waive operation of this
                    subsection or may limit the duration or scope of the
                    debarment.
                ``(2) Employers with contracts, grants, or agreements.--
                        ``(A) In general.--An employer who holds a Federal
                    contract, grant, or cooperative agreement and is
                    determined by the Secretary to be a repeat violator of
                    this section or is convicted of a crime under this
                    section, shall be debarred from the receipt of new
                    Federal contracts, grants, or cooperative agreements
                    for a period of 5 years.
                        ``(B) Notice to agencies.--Prior to debarring the
                    employer under subparagraph (A), the Secretary, in
                    cooperation with the Administrator of General Services,
                    shall advise any agency or department holding a
                    contract, grant, or cooperative agreement with the
                    employer of the Government's intention to debar the
                    employer from the receipt of new Federal contracts,
                    grants, or cooperative agreements for a period of 5
                    years.
                        ``(C) Waiver.--After consideration of the views of
                    any agency or department that holds a contract, grant,
                    or cooperative agreement with the employer, the
                    Secretary may, in lieu of debarring the employer from
                    the receipt of new Federal contracts, grants, or
                    cooperative agreements for a period of 5 years, waive
                    operation of this subsection, limit the duration or
                    scope of the debarment, or may refer to an appropriate
                    lead agency the decision of whether to debar the
                    employer, for what duration, and under what scope in
                    accordance with the procedures and standards prescribed
                    by the Federal Acquisition Regulation. However, any
                    proposed debarment predicated on an administrative
                    determination of liability for civil penalty by the
                    Secretary or the Attorney General shall not be
                    reviewable in any debarment proceeding. The decision of
                    whether to debar or take alternate action under this
                    subparagraph shall not be judicially reviewed.
                ``(3) Suspension.--Indictments for violations of this
            section or adequate evidence of actions that could form the
            basis for debarment under this subsection shall be considered a
            cause for suspension under the procedures and standards for
            suspension prescribed by the Federal Acquisition Regulation.
        ``(j) Miscellaneous Provisions.--
                ``(1) Documentation.--In providing documentation or
            endorsement of authorization of aliens eligible to be employed
            in the United States, the Secretary shall provide that any
            limitations with respect to the period or type of employment or
            employer shall be conspicuously stated on the documentation or
            endorsement (other than aliens lawfully admitted for permanent
            residence).
                ``(2) Preemption.--The provisions of this section preempt
            any State or local law imposing civil or criminal sanctions
            (other than through licensing and similar laws) upon those who
            employ, or recruit or refer for a fee for employment,
            unauthorized aliens.
        ``(k) Deposit of Amounts Received.--Except as otherwise specified,
    civil penalties collected under this section shall be deposited by the
    Secretary into the Employer Compliance Fund established under section
    286(w).
        ``(l) Definitions.--In this section:
                ``(1) Employer.--The term `employer' means any person or
            entity, including any entity of the Government of the United
            States, hiring, recruiting, or referring an individual for
            employment in the United States.
                ``(2) Secretary.--Except as otherwise provided, the term
            `Secretary' means the Secretary of Homeland Security.
                ``(3) Unauthorized alien.--The term `unauthorized alien'
            means, with respect to the employment of an alien at a
            particular time, that the alien is not at that time either--
                        ``(A) an alien lawfully admitted for permanent
                    residence; or
                        ``(B) authorized to be so employed by this Act or
                    by the Secretary.''.
        (b) Conforming Amendments.--
                (1) Amendments.--
                        (A) Repeal of basic pilot.--Sections 401, 402, 403,
                    404, and 405 of the Illegal Immigration Reform and
                    Immigrant Responsibility Act of 1996 (division C of
                    Public Law 104-208; 8 U.S.C. 1324a note) are repealed.
                        (B) Repeal of reporting requirements.--
                                (i) Report on earnings of aliens not
                            authorized to work.--Subsection (c) of section
                            290 (8 U.S.C. 1360) is repealed.
                                (ii) Report on fraudulent use of social
                            security account numbers.--Subsection (b) of
                            section 414 of the Illegal Immigration Reform
                            and Immigrant Responsibility Act of 1996
                            (division C of Public Law 104-208; 8 U.S.C.
                            1360 note) is repealed.
                (2) Construction.--Nothing in this subsection or in
            subsection (d) of section 274A, as amended by subsection (a),
            may be construed to limit the authority of the Secretary to
            allow or continue to allow the participation of employers who
            participated in the basic pilot program under sections 401,
            402, 403, 404, and 405 of the Illegal Immigration Reform and
            Immigrant Responsibility Act of 1996 (division C of Public Law
            104-208; 8 U.S.C. 1324a note) in the Electronic Employment
            Verification System established pursuant to such subsection
            (d).
        (c) Technical Amendments.--
                (1) Definition of unauthorized alien.--Sections 218(i)(1)
            (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
            274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8
            U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and
            inserting ``274A''.
                (2) Document requirements.--Section 274B (8 U.S.C. 1324b)
            is amended--
                        (A) in subsections (a)(6) and (g)(2)(B), by
                    striking ``274A(b)'' and inserting ``274A(c) and (d)'';
                    and
                        (B) in subsection (g)(2)(B)(ii), by striking
                    ``274A(b)(5)'' and inserting ``274A(c)''.
        (d) Amendments to the Social Security Act.--Section 205(c)(2) of
    the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at
    the end the following:
        ``(I)(i) The Commissioner of Social Security shall, subject to the
    provisions of section 301(f)(2) of the Comprehensive Immigration Reform
    Act of 2007, establish a reliable, secure method to provide through the
    Electronic Employment Verification System established pursuant to
    subsection (d) of section 274A of the Immigration and Nationality Act
    (referred to in this subparagraph as the `System'), within the time
    periods required by paragraph (8) of such subsection--
                ``(I) a determination of whether the name, date of birth,
            employer identification number, and social security account
            number of an individual provided in an inquiry made to the
            System by an employer is consistent with such information
            maintained by the Commissioner in order to confirm the validity
            of the information provided;
                ``(II) a determination of the citizenship status associated
            with such name and social security account number, according to
            the records maintained by the Commissioner;
                ``(III) a determination of whether the name and number
            belongs to an individual who is deceased, according to the
            records maintained by the Commissioner;
                ``(IV) a determination of whether the name and number is
            blocked in accordance with clause (ii); and
                ``(V) a confirmation notice or a nonconfirmation notice
            described in such paragraph (8), in a manner that ensures that
            other information maintained by the Commissioner is not
            disclosed or released to employers through the System.
        ``(ii) The Commissioner of Social Security shall prevent the
    fraudulent or other misuse of a social security account number by
    establishing procedures under which an individual who has been assigned
    a social security account number may block the use of such number under
    the System and remove such block.
        ``(J) In assigning social security account numbers to aliens who
    are authorized to work in the United States under section 218A of the
    Immigration and Nationality Act, the Commissioner of Social Security
    shall, to the maximum extent practicable, assign such numbers by
    employing the enumeration procedure administered jointly by the
    Commissioner, the Secretary of State, and the Secretary.''.
        (e) Disclosure of Certain Taxpayer Identity Information.--
                (1) In general.--Section 6103(l) of the Internal Revenue
            Code of 1986 is amended by adding at the end the following new
            paragraph:
                ``(21) Disclosure of certain taxpayer identity information
            by social security administration to department of homeland
            security.--
                        ``(A) In general.--From taxpayer identity
                    information which has been disclosed to the Social
                    Security Administration and upon written request by the
                    Secretary of Homeland Security, the Commissioner of
                    Social Security shall disclose directly to officers,
                    employees, and contractors of the Department of
                    Homeland Security the following information:
                                ``(i) Disclosure of employer no-match
                            notices.--Taxpayer identity information of each
                            person who has filed an information return
                            required by reason of section 6051 during
                            calendar year 2006, 2007, or 2008 which
                            contains--
                                        ``(I) more than 100 names and
                                    taxpayer identifying numbers of
                                    employees (within the meaning of such
                                    section) that did not match the records
                                    maintained by the Commissioner of
                                    Social Security, or
                                        ``(II) more than 10 names of
                                    employees (within the meaning of such
                                    section) with the same taxpayer
                                    identifying number.
                                ``(ii) Disclosure of information regarding
                            use of duplicate employee taxpayer identifying
                            information.--Taxpayer identity information of
                            each person who has filed an information return
                            required by reason of section 6051 which the
                            Commissioner of Social Security has reason to
                            believe, based on a comparison with information
                            submitted by the Secretary of Homeland
                            Security, contains evidence of identity fraud
                            due to the multiple use of the same taxpayer
                            identifying number (assigned under section
                            6109) of an employee (within the meaning of
                            section 6051).
                                ``(iii) Disclosure of information regarding
                            nonparticipating employers.--Taxpayer identity
                            information of each person who has filed an
                            information return required by reason of
                            section 6051 which the Commissioner of Social
                            Security has reason to believe, based on a
                            comparison with information submitted by the
                            Secretary of Homeland Security, contains
                            evidence of such person's failure to register
                            and participate in the Electronic Employment
                            Verification System authorized under section
                            274A(d) of the Immigration and Nationality Act
                            (hereafter in this paragraph referred to as the
                            `System').
                                ``(iv) Disclosure of information regarding
                            new employees of nonparticipating employers.--
                            Taxpayer identity information of all employees
                            (within the meaning of section 6051) hired
                            after the date a person identified in clause
                            (iii) is required to participate in the System
                            under section 274A(d)(2) or section
                            274A(d)(3)(B) of the Immigration and
                            Nationality Act.
                                ``(v) Disclosure of information regarding
                            employees of certain designated employers.--
                            Taxpayer identity information of all employees
                            (within the meaning of section 6051) of each
                            person who is required to participate in the
                            System under section 274A(d)(3)(B) of the
                            Immigration and Nationality Act.
                                ``(vi) Disclosure of new hire taxpayer
                            identity information.--Taxpayer identity
                            information of each person participating in the
                            System and taxpayer identity information of all
                            employees (within the meaning of section 6051)
                            of such person hired during the period
                            beginning with the later of--
                                        ``(I) the date such person begins
                                    to participate in the System, or
                                        ``(II) the date of the request
                                    immediately preceding the most recent
                                    request under this clause,
                            ending with the date of the most recent request
                            under this clause.
                        ``(B) Restriction on disclosure.--The Commissioner
                    of Social Security shall disclose taxpayer identity
                    information under subparagraph (A) only for purposes
                    of, and to the extent necessary in--
                                ``(i) establishing and enforcing employer
                            participation in the System,
                                ``(ii) carrying out, including through
                            civil administrative and civil judicial
                            proceedings, of sections 212, 217, 235, 237,
                            238, 274A, 274B, and 274C of the Immigration
                            and Nationality Act, and
                                ``(iii) the civil operation of the Alien
                            Terrorist Removal Court.
                        ``(C) Reimbursement.--The Commissioner of Social
                    Security shall prescribe a reasonable fee schedule for
                    furnishing taxpayer identity information under this
                    paragraph and collect such fees in advance from the
                    Secretary of Homeland Security.
                        ``(D) Termination.--This paragraph shall not apply
                    to any request made after the date which is 3 years
                    after the date of the enactment of this paragraph.''.
                (2) Compliance by dhs contractors with confidentiality
            safeguards.--
                        (A) In general.--Section 6103(p) of such Code is
                    amended by adding at the end the following new
                    paragraph:
                ``(9) Disclosure to dhs contractors.--Notwithstanding any
            other provision of this section, no return or return
            information shall be disclosed to any contractor of the
            Department of Homeland Security unless such Department, to the
            satisfaction of the Secretary--
                        ``(A) has requirements in effect which require each
                    such contractor which would have access to returns or
                    return information to provide safeguards (within the
                    meaning of paragraph (4)) to protect the
                    confidentiality of such returns or return information,
                        ``(B) agrees to conduct an on-site review every 3
                    years (mid-point review in the case of contracts or
                    agreements of less than 1 year in duration) of each
                    contractor to determine compliance with such
                    requirements,
                        ``(C) submits the findings of the most recent
                    review conducted under subparagraph (B) to the
                    Secretary as part of the report required by paragraph
                    (4)(E), and
                        ``(D) certifies to the Secretary for the most
                    recent annual period that such contractor is in
                    compliance with all such requirements.
                ``The certification required by subparagraph (D) shall
            include the name and address of each contractor, a description
            of the contract or agreement with such contractor, and the
            duration of such contract or agreement.''.
                (3) Conforming amendments.--
                        (A) Section 6103(a)(3) of such Code is amended by
                    striking ``or (20)'' and inserting ``(20), or (21)''.
                        (B) Section 6103(p)(3)(A) of such Code is amended
                    by adding at the end the following new sentence: ``The
                    Commissioner of Social Security shall provide to the
                    Secretary such information as the Secretary may require
                    in carrying out this paragraph with respect to return
                    information inspected or disclosed under the authority
                    of subsection (l)(21).''.
                        (C) Section 6103(p)(4) of such Code is amended--
                                (i) by striking ``or (17)'' both places it
                            appears and inserting ``(17), or (21)'', and
                                (ii) by striking ``or (20)'' each place it
                            appears and inserting ``(20), or (21)''.
                        (D) Section 6103(p)(8)(B) of such Code is amended
                    by inserting ``or paragraph (9)'' after ``subparagraph
                    (A)''.
                        (E) Section 7213(a)(2) of such Code is amended by
                    striking ``or (20)'' and inserting ``(20), or (21)''.
        (f) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated to
            the Secretary such sums as are necessary to carry out the
            amendments made by this section.
                (2) Limitation on verification responsibilities of
            commissioner of social security.--The Commissioner of Social
            Security is authorized to perform activities with respect to
            carrying out the Commissioner's responsibilities in this title
            or the amendments made by this title, but only to the extent
            the Secretary has provided, in advance, funds to cover the
            Commissioner's full costs in carrying out such
            responsibilities. In no case shall funds from the Federal Old-
            Age and Survivors Insurance Trust Fund or the Federal
            Disability Insurance Trust Fund be used to carry out such
            responsibilities.
        (g) Effective Dates.--
                (1) In general.--The amendments made by subsections (a),
            (b), (c), and (d) shall take effect on the date that is 180
            days after the date of the enactment of this Act.
                (2) Subsection (e).--
                        (A) In general.--The amendments made by subsection
                    (e) shall apply to disclosures made after the date of
                    the enactment of this Act.
                        (B) Certifications.--The first certification under
                    section 6103(p)(9)(D) of the Internal Revenue Code of
                    1986, as added by subsection (e)(2), shall be made with
                    respect to calendar year 2007.

    SEC. 302. EMPLOYER COMPLIANCE FUND.

        Section 286 (8 U.S.C. 1356) is amended by adding at the end the
    following new subsection:
        ``(w) Employer Compliance Fund.--
                ``(1) In general.--There is established in the general fund
            of the Treasury, a separate account, which shall be known as
            the `Employer Compliance Fund' (referred to in this subsection
            as the `Fund').
                ``(2) Deposits.--There shall be deposited as offsetting
            receipts into the Fund all civil monetary penalties collected
            by the Secretary of Homeland Security under section 274A.
                ``(3) Purpose.--Amounts refunded to the Secretary from the
            Fund shall be used for the purposes of enhancing and enforcing
            employer compliance with section 274A.
                ``(4) Availability of funds.--Amounts deposited into the
            Fund shall remain available until expended and shall be
            refunded out of the Fund by the Secretary of the Treasury, at
            least on a quarterly basis, to the Secretary of Homeland
            Security.''.

    SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

        (a) Increase in Number of Personnel.--The Secretary shall, subject
    to the availability of appropriations for such purpose, annually
    increase, by not less than 2,200, the number of personnel of the Bureau
    of Immigration and Customs Enforcement during the 5-year period
    beginning on the date of the enactment of this Act.
        (b) Use of Personnel.--The Secretary shall ensure that not less
    than 25 percent of all the hours expended by personnel of the Bureau of
    Immigration and Customs Enforcement shall be used to enforce compliance
    with sections 274A and 274C of the Immigration and Nationality Act (8
    U.S.C. 1324a and 1324c).
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary for each of the fiscal years 2008 through
    2012 such sums as may be necessary to carry out this section.

    SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.

        Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 1182(a)(6)(C)(ii)(I)), is
    amended by striking ``citizen'' and inserting ``national''.

    SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

        (a) Application of Prohibition of Discrimination to Verification
    System.--Section 274B(a)(1) (8 U.S.C. 1324b(a)(1)) is amended by
    inserting ``, the verification of the individual's work authorization
    through the Electronic Employment Verification System described in
    section 274A(d),'' after ``the individual for employment''.
        (b) Classes of Aliens as Protected Individuals.--Section
    274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as follows:
                        ``(B) is an alien who is--
                                ``(i) lawfully admitted for permanent
                            residence;
                                ``(ii) granted the status of an alien
                            lawfully admitted for temporary residence under
                            section 210(a) or 245(a)(1);
                                ``(iii) admitted as a refugee under section
                            207;
                                ``(iv) granted asylum under section 208;
                                ``(v) granted the status of a nonimmigrant
                            under section 101(a)(15)(H)(ii)(c);
                                ``(vi) granted temporary protected status
                            under section 244; or
                                ``(vii) granted parole under section
                            212(d)(5).''.
        (c) Requirements for Electronic Employment Verification.--Section
    274B(a) (8 U.S.C. 1324b(a)) is amended by adding at the end the
    following:
                ``(7) Antidiscrimination requirements of the electronic
            employment verification system.--It is an unfair immigration-
            related employment practice for a person or other entity, in
            the course of the electronic verification process described in
            section 274A(d)--
                        ``(A) to terminate or undertake any adverse
                    employment action due to a tentative nonconfirmation;
                        ``(B) to use the verification system for screening
                    of an applicant prior to an offer of employment;
                        ``(C) except as described in section 274A(d)(3)(B),
                    to use the verification system for a current employee
                    after the first 3 days of employment, or for the
                    reverification of an employee after the employee has
                    satisfied the process described in section 274A(d); or
                        ``(D) to require an individual to make an inquiry
                    under the self-verification procedures established in
                    section 274A(d)(8)(E)(iii).''.
        (d) Increase in Civil Money Penalties.--Section 274B(g)(2) (8
    U.S.C. 1324b(g)(2)) is amended--
                (1) in subparagraph (B)(iv)--
                        (A) in subclause (I), by striking ``$250 and not
                    more than $2,000'' and inserting ``$1,000 and not more
                    than $4,000'';
                        (B) in subclause (II), by striking ``$2,000 and not
                    more than $5,000'' and inserting ``$4,000 and not more
                    than $10,000'';
                        (C) in subclause (III), by striking ``$3,000 and
                    not more than $10,000'' and inserting ``$6,000 and not
                    more than $20,000''; and
                        (D) in subclause (IV), by striking ``$100 and not
                    more than $1,000'' and inserting ``$500 and not more
                    than $5,000''.
        (e) Increased Funding of Information Campaign.--Section 274B(l)(3)
    (8 U.S.C. 1324b(l)(3)) is amended by inserting ``and an additional
    $40,000,000 for each of the fiscal years 2008 through 2010'' before the
    period at the end.
        (f) Effective Date.--The amendments made by this section shall take
    effect on the date that is 180 days after the date of the enactment of
    this Act and shall apply to violations occurring on or after such date.

                TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                      Subtitle A--Temporary Guest Workers

    SEC. 401. IMMIGRATION IMPACT STUDY.

        (a) Effective Date.--Any regulation that would increase the number
    of aliens who are eligible for legal status may not take effect before
    90 days after the date on which the Director of the Bureau of the
    Census submits a report to Congress under subsection (c).
        (b) Study.--The Director of the Bureau of the Census, jointly with
    the Secretary, the Secretary of Agriculture, the Secretary of
    Education, the Secretary of Energy, the Secretary of Health and Human
    Services, the Secretary of Housing and Urban Development, the Secretary
    of the Interior, the Secretary of Labor, the Secretary of
    Transportation, the Secretary of the Treasury, the Attorney General,
    and the Administrator of the Environmental Protection Agency, shall
    undertake a study examining the impacts of the current and proposed
    annual grants of legal status, including immigrant and nonimmigrant
    status, along with the current level of illegal immigration, on the
    infrastructure of and quality of life in the United States.
        (c) Report.--Not later than 90 days after the date of the enactment
    of this Act, the Director of the Bureau of the Census shall submit to
    Congress a report on the findings of the study required by subsection
    (b), including the following information:
                (1) An estimate of the total legal and illegal immigrant
            populations of the United States, as they relate to the total
            population.
                (2) The projected impact of legal and illegal immigration
            on the size of the population of the United States over the
            next 50 years, which regions of the country are likely to
            experience the largest increases, which small towns and rural
            counties are likely to lose their character as a result of such
            growth, and how the proposed regulations would affect these
            projections.
                (3) The impact of the current and projected foreign-born
            populations on the natural environment, including the
            consumption of nonrenewable resources, waste production and
            disposal, the emission of pollutants, and the loss of habitat
            and productive farmland, an estimate of the public expenditures
            required to maintain current standards in each of these areas,
            the degree to which current standards will deteriorate if such
            expenditures are not forthcoming, and the additional effects
            the proposed regulations would have.
                (4) The impact of the current and projected foreign-born
            populations on employment and wage rates, particularly in
            industries such as agriculture and services in which the
            foreign born are concentrated, an estimate of the associated
            public costs, and the additional effects the proposed
            regulations would have.
                (5) The impact of the current and projected foreign-born
            populations on the need for additions and improvements to the
            transportation infrastructure of the United States, an estimate
            of the public expenditures required to meet this need, the
            impact on Americans' mobility if such expenditures are not
            forthcoming, and the additional effect the proposed regulations
            would have.
                (6) The impact of the current and projected foreign-born
            populations on enrollment, class size, teacher-student ratios,
            and the quality of education in public schools, an estimate of
            the public expenditures required to maintain current median
            standards, the degree to those standards will deteriorate if
            such expenditures are not forthcoming, and the additional
            effect the proposed regulations would have.
                (7) The impact of the current and projected foreign-born
            populations on home ownership rates, housing prices, and the
            demand for low-income and subsidized housing, the public
            expenditures required to maintain current median standards in
            these areas, the degree to which those standards will
            deteriorate if such expenditures are not forthcoming, and the
            additional effect the proposed regulations would have.
                (8) The impact of the current and projected foreign-born
            populations on access to quality health care and on the cost of
            health care and health insurance, an estimate of the public
            expenditures required to maintain current median standards, the
            degree to which those standards will deteriorate if such
            expenditures are not forthcoming, and the additional effect the
            proposed regulations would have.
                (9) The impact of the current and projected foreign-born
            populations on the criminal justice system in the United
            States, an estimate of the associated public costs, and the
            additional effect the proposed regulations would have.

    SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

        (a) Temporary Worker Category.--Section 101(a)(15)(H) (8 U.S.C.
    1101(a)(15)(H)) is amended to read as follows:
                        ``(H) an alien--
                                ``(i)(b) subject to section 212(j)(2)--
                                        ``(aa) who is coming temporarily to
                                    the United States to perform services
                                    (other than services described in
                                    clause (ii)(a) or subparagraph (O) or
                                    (P)) in a specialty occupation
                                    described in section 214(i)(1) or as a
                                    fashion model;
                                        ``(bb) who meets the requirements
                                    for the occupation specified in section
                                    214(i)(2) or, in the case of a fashion
                                    model, is of distinguished merit and
                                    ability; and
                                        ``(cc) with respect to whom the
                                    Secretary of Labor determines and
                                    certifies to the Secretary of Homeland
                                    Security that the intending employer
                                    has filed an application with the
                                    Secretary in accordance with section
                                    212(n)(1);
                                ``(b1)(aa) who is entitled to enter the
                            United States under the provisions of an
                            agreement listed in section 214(g)(8)(A);
                                ``(bb) who is engaged in a specialty
                            occupation described in section 214(i)(3); and
                                ``(cc) with respect to whom the Secretary
                            of Labor determines and certifies to the
                            Secretary of Homeland Security and the
                            Secretary of State that the intending employer
                            has filed an attestation with the Secretary of
                            Labor in accordance with section 212(t)(1); or
                                ``(c)(aa) who is coming temporarily to the
                            United States to perform services as a
                            registered nurse;
                                ``(bb) who meets the qualifications
                            described in section 212(m)(1); and
                                ``(cc) with respect to whom the Secretary
                            of Labor determines and certifies to the
                            Secretary of Homeland Security that an
                            unexpired attestation is on file and in effect
                            under section 212(m)(2) for the facility (as
                            defined in section 212(m)(6)) for which the
                            alien will perform the services; or
                                ``(ii)(a) who--
                                        ``(aa) has a residence in a foreign
                                    country which the alien has no
                                    intention of abandoning; and
                                        ``(bb) is coming temporarily to the
                                    United States to perform agricultural
                                    labor or services (as defined by the
                                    Secretary of Labor), including
                                    agricultural labor (as defined in
                                    section 3121(g) of the Internal Revenue
                                    Code of 1986), agriculture (as defined
                                    in section 3(f) of the Fair Labor
                                    Standards Act of 1938 (29 U.S.C.
                                    203(f))), and the pressing of apples
                                    for cider on a farm, of a temporary or
                                    seasonal nature;
                                ``(b) who--
                                        ``(aa) has a residence in a foreign
                                    country which the alien has no
                                    intention of abandoning;
                                        ``(bb) is coming temporarily to the
                                    United States to perform
                                    nonagricultural work or services of a
                                    temporary or seasonal nature (if
                                    unemployed persons capable of
                                    performing such work or services cannot
                                    be found in the United States),
                                    excluding medical school graduates
                                    coming to the United States to perform
                                    services as members of the medical
                                    profession; or
                                ``(c) who--
                                        ``(aa) has a residence in a foreign
                                    country which the alien has no
                                    intention of abandoning;
                                        ``(bb) is coming temporarily to the
                                    United States to perform temporary
                                    labor or services other than the labor
                                    or services described in clause (i)(b),
                                    (i)(c), (ii)(a), or (iii), or
                                    subparagraph (L), (O), (P), or (R) (if
                                    unemployed persons capable of
                                    performing such labor or services
                                    cannot be found in the United States);
                                    and
                                        ``(cc) meets the requirements under
                                    section 218A, including the filing of a
                                    petition under such section on behalf
                                    of the alien;
                                ``(iii) who--
                                        ``(a) has a residence in a foreign
                                    country which the alien has no
                                    intention of abandoning; and
                                        ``(b) is coming temporarily to the
                                    United States as a trainee (other than
                                    to receive graduate medical education
                                    or training) in a training program that
                                    is not designed primarily to provide
                                    productive employment; or
                                ``(iv) who--
                                        ``(a) is the spouse or a minor
                                    child of an alien described in this
                                    subparagraph; and
                                        ``(b) is accompanying or following
                                    to join such alien.''.
        (b) Effective Date and Application.--The amendment made by
    subsection (a) shall take effect on the date that is 18 months after
    the date that not less than $400,000,000 have been appropriated and
    made available to the Secretary to implement the Electronic Employment
    Verification System established under 274A(d) of the Immigration and
    Nationality Act, as amended by section 301(a), with respect to aliens,
    who, on such effective date, are outside of the United States.

    SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

        (a) Temporary Guest Workers.--
                (1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et
            seq.) is amended by inserting after section 218 the following:

    ``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

        ``(a) Authorization.--The Secretary of State may grant a temporary
    visa to an H-2C nonimmigrant who demonstrates an intent to perform
    labor or services in the United States (other than the labor or
    services described in clause (i)(b) or (ii)(a) of section 101(a)(15)(H)
    or subparagraph (L), (O), (P), or (R)) of section 101(a)(15).
        ``(b) Requirements for Admission.--An alien shall be eligible for
    H-2C nonimmigrant status if the alien meets the following requirements:
                ``(1) Eligibility to work.--The alien shall establish that
            the alien is capable of performing the labor or services
            required for an occupation under section 101(a)(15)(H)(ii)(c).
                ``(2) Evidence of employment.--The alien shall establish
            that the alien has received a job offer from an employer who
            has complied with the requirements of 218B.
                ``(3) Fee.--The alien shall pay a $500 visa issuance fee in
            addition to the cost of processing and adjudicating such
            application. Nothing in this paragraph shall be construed to
            affect consular procedures for charging reciprocal fees.
                ``(4) Medical examination.--The alien shall undergo a
            medical examination (including a determination of immunization
            status), at the alien's expense, that conforms to generally
            accepted standards of medical practice.
                ``(5) Application content and waiver.--
                        ``(A) Application form.--The alien shall submit to
                    the Secretary a completed application, on a form
                    designed by the Secretary of Homeland Security,
                    including proof of evidence of the requirements under
                    paragraphs (1) and (2).
                        ``(B) Content.--In addition to any other
                    information that the Secretary requires to determine an
                    alien's eligibility for H-2C nonimmigrant status, the
                    Secretary shall require an alien to provide information
                    concerning the alien's--
                                ``(i) physical and mental health;
                                ``(ii) criminal history and gang
                            membership;
                                ``(iii) immigration history; and
                                ``(iv) involvement with groups or
                            individuals that have engaged in terrorism,
                            genocide, persecution, or who seek the
                            overthrow of the United States Government.
                        ``(C) Knowledge.--The alien shall include with the
                    application submitted under this paragraph a signed
                    certification in which the alien certifies that--
                                ``(i) the alien has read and understands
                            all of the questions and statements on the
                            application form;
                                ``(ii) the alien certifies under penalty of
                            perjury under the laws of the United States
                            that the application, and any evidence
                            submitted with it, are all true and correct;
                            and
                                ``(iii) the applicant authorizes the
                            release of any information contained in the
                            application and any attached evidence for law
                            enforcement purposes.
        ``(c) Grounds of Inadmissibility.--
                ``(1) In general.--In determining an alien's admissibility
            as an H-2C nonimmigrant--
                        ``(A) paragraphs (5), (6)(A), (7), (9)(B), and
                    (9)(C) of section 212(a) may be waived for conduct that
                    occurred before the effective date of the Comprehensive
                    Immigration Reform Act of 2007;
                        ``(B) the Secretary of Homeland Security may not
                    waive the application of--
                                ``(i) subparagraph (A), (B), (C), (E), (G),
                            (H), or (I) of section 212(a)(2) (relating to
                            criminals);
                                ``(ii) section 212(a)(3) (relating to
                            security and related grounds); or
                                ``(iii) subparagraph (A), (C) or (D) of
                            section 212(a)(10) (relating to polygamists and
                            child abductors); and
                        ``(C) for conduct that occurred before the date of
                    the enactment of the Comprehensive Immigration Reform
                    Act of 2007, the Secretary of Homeland Security may
                    waive the application of any provision of section
                    212(a) not listed in subparagraph (B) on behalf of an
                    individual alien--
                                ``(i) for humanitarian purposes;
                                ``(ii) to ensure family unity; or
                                ``(iii) if such a waiver is otherwise in
                            the public interest.
                ``(2) Renewal of authorized admission and subsequent
            admissions.--An alien seeking renewal of authorized admission
            or subsequent admission as an H-2C nonimmigrant shall establish
            that the alien is not inadmissible under section 212(a).
        ``(d) Background Checks.--The Secretary of Homeland Security shall
    not admit, and the Secretary of State shall not issue a visa to, an
    alien seeking H-2C nonimmigrant status unless all appropriate
    background checks have been completed.
        ``(e) Ineligible To Change Nonimmigrant Classification.--An H-2C
    nonimmigrant may not change nonimmigrant classification under section
    248.
        ``(f) Period of Authorized Admission.--
                ``(1) Authorized period and renewal.--The initial period of
            authorized admission as an H-2C nonimmigrant shall be 3 years,
            and the alien may seek 1 extension for an additional 3-year
            period.
                ``(2) International commuters.--An alien who resides
            outside the United States and commutes into the United States
            to work as an H-2C nonimmigrant, is not subject to the time
            limitations under paragraph (1).
                ``(3) Loss of employment.--
                        ``(A) In general.--
                                ``(i) Period of unemployment.--Subject to
                            clause (ii) and subsection (c), the period of
                            authorized admission of an H-2C nonimmigrant
                            shall terminate if the alien is unemployed for
                            60 or more consecutive days.
                                ``(ii) Exception.--The period of authorized
                            admission of an H-2C nonimmigrant shall not
                            terminate if the alien is unemployed for 60 or
                            more consecutive days if such unemployment is
                            caused by--
                                        ``(I) a period of physical or
                                    mental disability of the alien or the
                                    spouse, son, daughter, or parent (as
                                    defined in section 101 of the Family
                                    and Medical Leave Act of 1993 (29
                                    U.S.C. 2611)) of the alien;
                                        ``(II) a period of vacation,
                                    medical leave, maternity leave, or
                                    similar leave from employment
                                    authorized by employer policy, State
                                    law, or Federal law; or
                                        ``(III) any other period of
                                    temporary unemployment caused by
                                    circumstances beyond the control of the
                                    alien.
                        ``(B) Return to foreign residence.--Any alien whose
                    period of authorized admission terminates under
                    subparagraph (A) shall be required to leave the United
                    States.
                        ``(C) Period of visa validity.--Any alien, whose
                    period of authorized admission terminates under
                    subparagraph (A), who leaves the United States under
                    subparagraph (B), may reenter the United States as an
                    H-2C nonimmigrant to work for an employer, if the alien
                    has complied with the requirements of subsection (b).
                    The Secretary may, in the Secretary's sole and
                    unreviewable discretion, reauthorize such alien for
                    admission as an H-2C nonimmigrant without requiring the
                    alien's departure from the United States.
                ``(4) Visits outside united states.--
                        ``(A) In general.--Under regulations established by
                    the Secretary of Homeland Security, an H-2C
                    nonimmigrant--
                                ``(i) may travel outside of the United
                            States; and
                                ``(ii) may be readmitted without having to
                            obtain a new visa if the period of authorized
                            admission has not expired.
                        ``(B) Effect on period of authorized admission.--
                    Time spent outside the United States under subparagraph
                    (A) shall not extend the period of authorized admission
                    in the United States.
                ``(5) Bars to extension or admission.--An alien may not be
            granted H-2C nonimmigrant status, or an extension of such
            status, if--
                        ``(A) the alien has violated any material term or
                    condition of such status granted previously, including
                    failure to comply with the change of address reporting
                    requirements under section 265;
                        ``(B) the alien is inadmissible as a nonimmigrant;
                    or
                        ``(C) the granting of such status or extension of
                    such status would allow the alien to exceed 6 years as
                    an H-2C nonimmigrant, unless the alien has resided and
                    been physically present outside the United States for
                    at least 1 year after the expiration of such H-2C
                    nonimmigrant status.
        ``(g) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant
    shall be issued documentary evidence of nonimmigrant status, which--
                ``(1) shall be machine-readable, tamper-resistant, and
            allow for biometric authentication;
                ``(2) shall be designed in consultation with the Forensic
            Document Laboratory of the Bureau of Immigration and Customs
            Enforcement;
                ``(3) shall, during the alien's authorized period of
            admission under subsection (f), serve as a valid entry document
            for the purpose of applying for admission to the United
            States--
                        ``(A) instead of a passport and visa if the alien--
                                ``(i) is a national of a foreign territory
                            contiguous to the United States; and
                                ``(ii) is applying for admission at a land
                            border port of entry; and
                        ``(B) in conjunction with a valid passport, if the
                    alien is applying for admission at an air or sea port
                    of entry;
                ``(4) may be accepted during the period of its validity by
            an employer as evidence of employment authorization and
            identity under section 274A(b)(1)(B); and
                ``(5) shall be issued to the H-2C nonimmigrant by the
            Secretary of Homeland Security promptly after the final
            adjudication of such alien's application for H-2C nonimmigrant
            status.
        ``(h) Penalty for Failure To Depart.--If an H-2C nonimmigrant fails
    to depart the United States before the date which is 10 days after the
    date that the alien's authorized period of admission as an H-2C
    nonimmigrant terminates, the H-2C nonimmigrant may not apply for or
    receive any immigration relief or benefit under this Act or any other
    law, except for relief under sections 208 and 241(b)(3) and relief
    under the Convention Against Torture and Other Cruel, Inhuman or
    Degrading Treatment or Punishment, for an alien who indicates either an
    intention to apply for asylum under section 208 or a fear of
    persecution or torture.
        ``(i) Penalty for Illegal Entry or Overstay.--Any alien who enters,
    attempts to enter, or crosses the border after the date of the
    enactment of this section, and is physically present in the United
    States after such date in violation of this Act or of any other Federal
    law, may not receive, for a period of 10 years--
                ``(1) any relief under section 240A(a), 240A(b)(1), or
            240B; or
                ``(2) nonimmigrant status under section 101(a)(15) (except
            subparagraphs (T) and (U)).
        ``(j) Portability.--A nonimmigrant alien described in this section,
    who was previously issued a visa or otherwise provided H-2C
    nonimmigrant status, may accept a new offer of employment with a
    subsequent employer, if--
                ``(1) the employer complies with section 218B; and
                ``(2) the alien, after lawful admission to the United
            States, did not work without authorization.
        ``(k) Change of Address.--An H-2C nonimmigrant shall comply with
    the change of address reporting requirements under section 265 through
    either electronic or paper notification.
        ``(l) Collection of Fees.--All fees collected under this section
    shall be deposited in the Treasury in accordance with section 286(c).
        ``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and Children.--
                ``(1) In general.--The alien spouse and children of an H-2C
            nonimmigrant (referred to in this section as `dependent
            aliens') who are accompanying or following to join the H-2C
            nonimmigrant may be issued nonimmigrant visas under section
            101(a)(15)(H)(iv).
                ``(2) Requirements for admission.--A dependent alien is
            eligible for nonimmigrant status under 101(a)(15)(H)(iv) if the
            dependent alien meets the following requirements:
                        ``(A) Eligibility.--The dependent alien is
                    admissible as a nonimmigrant and does not fall within a
                    class of aliens ineligible for H-4A nonimmigrant status
                    listed under subsection (c).
                        ``(B) Medical examination.--Before a nonimmigrant
                    visa is issued to a dependent alien under this
                    subsection, the dependent alien shall submit to a
                    medical examination (including a determination of
                    immunization status) at the alien's expense, that
                    conforms to generally accepted standards of medical
                    practice.
                        ``(C) Background checks.--Before a nonimmigrant
                    visa is issued to a dependent alien under this section,
                    the consular officer shall conduct such background
                    checks as the Secretary of State, in consultation with
                    the Secretary of Homeland Security, considers
                    appropriate.
        ``(n) Definitions.--In this section and sections 218B, 218C, and
    218D:
                ``(1) Aggrieved person.--term `aggrieved person' means a
            person adversely affected by an alleged violation of this
            section, including--
                        ``(A) a worker whose job, wages, or working
                    conditions are adversely affected by the violation; and
                        ``(B) a representative for workers whose jobs,
                    wages, or working conditions are adversely affected by
                    the violation who brings a complaint on behalf of such
                    worker.
                ``(2) Area of employment.--The terms `area of employment'
            and `area of intended employment' mean the area within normal
            commuting distance of the worksite or physical location at
            which the work of the temporary worker is or will be performed.
            If such worksite or location is within a Metropolitan
            Statistical Area, any place within such area is deemed to be
            within the area of employment.
                ``(3) Eligible individual.--The term `eligible individual'
            means, with respect to employment, an individual who is not an
            unauthorized alien (as defined in section 274A) with respect to
            that employment.
                ``(4) Employ; employee; employer.--The terms `employ',
            `employee', and `employer' have the meanings given such terms
            in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
            203).
                ``(5) Foreign labor contractor.--The term `foreign labor
            contractor' means any person who for any compensation or other
            valuable consideration paid or promised to be paid, performs
            any foreign labor contracting activity.
                ``(6) Foreign labor contracting activity.--The term
            `foreign labor contracting activity' means recruiting,
            soliciting, hiring, employing, or furnishing, an individual who
            resides outside of the United States for employment in the
            United States as a nonimmigrant alien described in section
            101(a)(15)(H)(ii)(c).
                ``(7) H-2C nonimmigrant.--The term `H-2C nonimmigrant'
            means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).
                ``(8) Separation from employment.--The term `separation
            from employment' means the worker's loss of employment, other
            than through a discharge for inadequate performance, violation
            of workplace rules, cause, voluntary departure, voluntary
            retirement, or the expiration of a grant or contract. The term
            does not include any situation in which the worker is offered,
            as an alternative to such loss of employment, a similar
            employment opportunity with the same employer at equivalent or
            higher compensation and benefits than the position from which
            the employee was discharged, regardless of whether the employee
            accepts the offer. Nothing in this paragraph shall limit an
            employee's rights under a collective bargaining agreement or
            other employment contract.
                ``(9) United states worker.--The term `United States
            worker' means an employee who is--
                        ``(A) a citizen or national of the United States;
                    or
                        ``(B) an alien who is--
                                ``(i) lawfully admitted for permanent
                            residence;
                                ``(ii) admitted as a refugee under section
                            207;
                                ``(iii) granted asylum under section 208;
                            or
                                ``(iv) otherwise authorized, under this Act
                            or by the Secretary of Homeland Security, to be
                            employed in the United States.''.
                (2) Clerical amendment.--The table of contents for the
            Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
            amended by inserting after the item relating to section 218 the
            following:

    ``Sec. 218A. Admission of temporary H-2C workers.''.

    SEC. 404. EMPLOYER OBLIGATIONS.

        (a) In General.--Title II (8 U.S.C. 1201 et seq.) is amended by
    inserting after section 218A, as added by section 403, the following:

    ``SEC. 218B. EMPLOYER OBLIGATIONS.

        ``(a) General Requirements.--Each employer who employs an H-2C
    nonimmigrant shall--
                ``(1) file a petition in accordance with subsection (b);
            and
                ``(2) pay the appropriate fee, as determined by the
            Secretary of Labor.
        ``(b) Required Procedure.--Except where the Secretary of Labor has
    determined that there is a shortage of United States workers in the
    occupation and area of intended employment to which the H-2C
    nonimmigrant is sought--
                ``(1) Efforts to recruit united states workers.--During the
            period beginning not later than 90 days prior to the date on
            which a petition is filed under subsection (a)(1), and ending
            on the date that is 14 days prior to the date on which the
            petition is filed, the employer involved shall take the
            following steps to recruit United States workers for the
            position for which the H-2C nonimmigrant is sought under the
            petition:
                        ``(A) Submit a copy of the job opportunity,
                    including a description of the wages and other terms
                    and conditions of employment and the minimum education,
                    training, experience and other requirements of the job,
                    to the State Employment Service Agency that serves the
                    area of employment in the State in which the employer
                    is located.
                        ``(B) Authorize the State Employment Service Agency
                    to post the job opportunity on the Internet through the
                    website for America's Job Bank, with local job banks,
                    and with unemployment agencies and other labor referral
                    and recruitment sources pertinent to the job involved.
                        ``(C) Authorize the State Employment Service Agency
                    to notify labor organizations in the State in which the
                    job is located, and if applicable, the office of the
                    local union which represents the employees in the same
                    or substantially equivalent job classification of the
                    job opportunity.
                        ``(D) Post the availability of the job opportunity
                    for which the employer is seeking a worker in
                    conspicuous locations at the place of employment for
                    all employees to see.
                ``(2) Efforts to employ united states workers.--An employer
            that seeks to employ an H-2C nonimmigrant shall--
                        ``(A) first offer the job to any eligible United
                    States worker who applies, is qualified for the job and
                    is available at the time of need, notwithstanding any
                    other valid employment criteria.
        ``(c) Petition.--A petition to hire an H-2C nonimmigrant under this
    section shall include an attestation by the employer of the following:
                ``(1) Protection of united states workers.--The employment
            of an H-2C nonimmigrant--
                        ``(A) will not adversely affect the wages and
                    working conditions of workers in the United States
                    similarly employed; and
                        ``(B) did not and will not cause the separation
                    from employment of a United States worker employed by
                    the employer within the 180-day period beginning 90
                    days before the date on which the petition is filed.
                ``(2) Wages.--
                        ``(A) In general.--The H-2C nonimmigrant will be
                    paid not less than the greater of--
                                ``(i) the actual wage level paid by the
                            employer to all other individuals with similar
                            experience and qualifications for the specific
                            employment in question; or
                                ``(ii) the prevailing wage level for the
                            occupational classification in the area of
                            employment, taking into account experience and
                            skill levels of employees.
                        ``(B) Calculation.--The wage levels under
                    subparagraph (A) shall be calculated based on the best
                    information available at the time of the filing of the
                    application.
                        ``(C) Prevailing wage level.--For purposes of
                    subparagraph (A)(ii), the prevailing wage level shall
                    be determined in accordance as follows:
                                ``(i) If the job opportunity is covered by
                            a collective bargaining agreement between a
                            union and the employer, the prevailing wage
                            shall be the wage rate set forth in the
                            collective bargaining agreement.
                                ``(ii) If the job opportunity is not
                            covered by such an agreement and it is in an
                            occupation that is covered by a wage
                            determination under a provision of subchapter
                            IV of chapter 31 of title 40, United States
                            Code, or the Service Contract Act of 1965 (41
                            U.S.C. 351 et seq.), the prevailing wage level
                            shall be the appropriate statutory wage.
                                ``(iii)(I) If the job opportunity is not
                            covered by such an agreement and it is in an
                            occupation that is not covered by a wage
                            determination under a provision of subchapter
                            IV of chapter 31 of title 40, United States
                            Code, or the Service Contract Act of 1965 (41
                            U.S.C. 351 et seq.), the prevailing wage level
                            shall be based on published wage data for the
                            occupation from the Bureau of Labor Statistics,
                            including the Occupational Employment
                            Statistics survey, Current Employment
                            Statistics data, National Compensation Survey,
                            and Occupational Employment Projections
                            program. If the Bureau of Labor Statistics does
                            not have wage data applicable to such
                            occupation, the employer may base the
                            prevailing wage level on another wage survey
                            approved by the Secretary of Labor.
                                ``(II) The Secretary shall promulgate
                            regulations applicable to approval of such
                            other wage surveys that require, among other
                            things, that the Bureau of Labor Statistics
                            determine such surveys are statistically
                            viable.
                ``(3) Working conditions.--All workers in the occupation at
            the place of employment at which the H-2C nonimmigrant will be
            employed will be provided the working conditions and benefits
            that are normal to workers similarly employed in the area of
            intended employment.
                ``(4) Labor dispute.--There is not a strike, lockout, or
            work stoppage in the course of a labor dispute in the
            occupation at the place of employment at which the H-2C
            nonimmigrant will be employed. If such strike, lockout, or work
            stoppage occurs following submission of the petition, the
            employer will provide notification in accordance with
            regulations promulgated by the Secretary of Labor.
                ``(5) Provision of insurance.--If the position for which
            the H-2C nonimmigrant is sought is not covered by the State
            workers' compensation law, the employer will provide, at no
            cost to the H-2C nonimmigrant, insurance covering injury and
            disease arising out of, and in the course of, the worker's
            employment, which will provide benefits at least equal to those
            provided under the State workers' compensation law for
            comparable employment.
                ``(6) Notice to employees.--
                        ``(A) In general.--The employer has provided notice
                    of the filing of the petition to the bargaining
                    representative of the employer's employees in the
                    occupational classification and area of employment for
                    which the H-2C nonimmigrant is sought.
                        ``(B) No bargaining representative.--If there is no
                    such bargaining representative, the employer has--
                                ``(i) posted a notice of the filing of the
                            petition in a conspicuous location at the place
                            or places of employment for which the H-2C
                            nonimmigrant is sought; or
                                ``(ii) electronically disseminated such a
                            notice to the employer's employees in the
                            occupational classification for which the H-2C
                            nonimmigrant is sought.
                ``(7) Recruitment.--Except where the Secretary of Labor has
            determined that there is a shortage of United States workers in
            the occupation and area of intended employment for which the H-
            2C nonimmigrant is sought--
                        ``(A) there are not sufficient workers who are
                    able, willing, and qualified, and who will be available
                    at the time and place needed, to perform the labor or
                    services involved in the petition; and
                        ``(B) good faith efforts have been taken to recruit
                    United States workers, in accordance with regulations
                    promulgated by the Secretary of Labor, which efforts
                    included--
                                ``(i) the completion of recruitment during
                            the period beginning on the date that is 90
                            days before the date on which the petition was
                            filed with the Department of Homeland Security
                            and ending on the date that is 14 days before
                            such filing date; and
                                ``(ii) the actual wage paid by the employer
                            for the occupation in the areas of intended
                            employment was used in conducting recruitment.
                ``(8) Ineligibility.--The employer is not currently
            ineligible from using the H-2C nonimmigrant program described
            in this section.
                ``(9) Bonafide offer of employment.--The job for which the
            H-2C nonimmigrant is sought is a bona fide job--
                        ``(A) for which the employer needs labor or
                    services;
                        ``(B) which has been and is clearly open to any
                    United States worker; and
                        ``(C) for which the employer will be able to place
                    the H-2C nonimmigrant on the payroll.
                ``(10) Public availability and records retention.--A copy
            of each petition filed under this section and documentation
            supporting each attestation, in accordance with regulations
            promulgated by the Secretary of Labor, will--
                        ``(A) be provided to every H-2C nonimmigrant
                    employed under the petition;
                        ``(B) be made available for public examination at
                    the employer's place of business or work site;
                        ``(C) be made available to the Secretary of Labor
                    during any audit; and
                        ``(D) remain available for examination for 5 years
                    after the date on which the petition is filed.
                ``(11) Notification upon separation from or transfer of
            employment.--The employer will notify the Secretary of Labor
            and the Secretary of Homeland Security of an H-2C
            nonimmigrant's separation from employment or transfer to
            another employer not more than 3 business days after the date
            of such separation or transfer, in accordance with regulations
            promulgated by the Secretary of Homeland Security.
                ``(12) Actual need for labor or services.--The petition was
            filed not more than 60 days before the date on which the
            employer needed labor or services for which the H-2C
            nonimmigrant is sought.
        ``(d) Audit of Attestations.--
                ``(1) Referrals by secretary of homeland security.--The
            Secretary of Homeland Security shall refer all approved
            petitions for H-2C nonimmigrants to the Secretary of Labor for
            potential audit.
                ``(2) Audits authorized.--The Secretary of Labor may audit
            any approved petition referred pursuant to paragraph (1), in
            accordance with regulations promulgated by the Secretary of
            Labor.
        ``(e) Ineligible Employers.--
                ``(1) In general.--The Secretary of Homeland Security shall
            not approve an employer's petitions, applications,
            certifications, or attestations under any immigrant or
            nonimmigrant program if the Secretary of Labor determines,
            after notice and an opportunity for a hearing, that the
            employer submitting such documents--
                        ``(A) has, with respect to the attestations
                    required under subsection (b)--
                                ``(i) misrepresented a material fact;
                                ``(ii) made a fraudulent statement; or
                                ``(iii) failed to comply with the terms of
                            such attestations; or
                        ``(B) failed to cooperate in the audit process in
                    accordance with regulations promulgated by the
                    Secretary of Labor.
                ``(2) Length of ineligibility.--An employer described in
            paragraph (1) shall be ineligible to participate in the labor
            certification programs of the Secretary of Labor for not less
            than the time period determined by the Secretary, not to exceed
            3 years.
                ``(3) Employers in high unemployment areas.--Beginning on
            the date that is 1 year after the date of the enactment of the
            Initial Entry, Adjustment, and Citizenship Assistance Grant Act
            of 2007, the Secretary of Homeland Security may not approve any
            employer's petition under subsection (b) if the work to be
            performed by the H-2C nonimmigrant is not agriculture based and
            is located in a metropolitan or micropolitan statistical area
            (as defined by the Office of Management and Budget) in which
            the unemployment rate for workers who have not completed any
            education beyond a high school diploma during the most recently
            completed 6-month period averaged more than 9.0 percent.
        ``(f) Regulation of Foreign Labor Contractors.--
                ``(1) Coverage.--Notwithstanding any other provision of
            law, an H-2C nonimmigrant may not be treated as an independent
            contractor.
                ``(2) Applicability of laws.--An H-2C nonimmigrant shall
            not be denied any right or any remedy under Federal, State, or
            local labor or employment law that would be applicable to a
            United States worker employed in a similar position with the
            employer because of the alien's status as a nonimmigrant
            worker.
                ``(3) Tax responsibilities.--With respect to each employed
            H-2C nonimmigrant, an employer shall comply with all applicable
            Federal, State, and local tax and revenue laws.
        ``(g) Whistleblower Protection.--It shall be unlawful for an
    employer or a labor contractor of an H-2C nonimmigrant to intimidate,
    threaten, restrain, coerce, retaliate, discharge, or in any other
    manner, discriminate against an employee or former employee because the
    employee or former employee--
                ``(1) discloses information to the employer or any other
            person that the employee or former employee reasonably believes
            demonstrates a violation of this Act; or
                ``(2) cooperates or seeks to cooperate in an investigation
            or other proceeding concerning compliance with the requirements
            of this Act.
        ``(h) Labor Recruiters.--
                ``(1) In general.--Each employer that engages in foreign
            labor contracting activity and each foreign labor contractor
            shall ascertain and disclose, to each such worker who is
            recruited for employment at the time of the worker's
            recruitment--
                        ``(A) the place of employment;
                        ``(B) the compensation for the employment;
                        ``(C) a description of employment activities;
                        ``(D) the period of employment;
                        ``(E) any other employee benefit to be provided and
                    any costs to be charged for each benefit;
                        ``(F) any travel or transportation expenses to be
                    assessed;
                        ``(G) the existence of any labor organizing effort,
                    strike, lockout, or other labor dispute at the place of
                    employment;
                        ``(H) the existence of any arrangement with any
                    owner, employer, foreign contractor, or its agent where
                    such person receives a commission from the provision of
                    items or services to workers;
                        ``(I) the extent to which workers will be
                    compensated through workers' compensation, private
                    insurance, or otherwise for injuries or death,
                    including--
                                ``(i) work related injuries and death
                            during the period of employment;
                                ``(ii) the name of the State workers'
                            compensation insurance carrier or the name of
                            the policyholder of the private insurance;
                                ``(iii) the name and the telephone number
                            of each person who must be notified of an
                            injury or death; and
                                ``(iv) the time period within which such
                            notice must be given;
                        ``(J) any education or training to be provided or
                    required, including--
                                ``(i) the nature and cost of such training;
                                ``(ii) the entity that will pay such costs;
                            and
                                ``(iii) whether the training is a condition
                            of employment, continued employment, or future
                            employment; and
                        ``(K) a statement, in a form specified by the
                    Secretary of Labor, describing the protections of this
                    Act for workers recruited abroad.
                ``(2) False or misleading information.--No foreign labor
            contractor or employer who engages in foreign labor contracting
            activity shall knowingly provide material false or misleading
            information to any worker concerning any matter required to be
            disclosed in paragraph (1).
                ``(3) Languages.--The information required to be disclosed
            under paragraph (1) shall be provided in writing in English or,
            as necessary and reasonable, in the language of the worker
            being recruited. The Secretary of Labor shall make forms
            available in English, Spanish, and other languages, as
            necessary, which may be used in providing workers with
            information required under this section.
                ``(4) Fees.--A person conducting a foreign labor
            contracting activity shall not assess any fee to a worker for
            such foreign labor contracting activity.
                ``(5) Terms.--No employer or foreign labor contractor
            shall, without justification, violate the terms of any
            agreement made by that contractor or employer regarding
            employment under this program.
                ``(6) Travel costs.--If the foreign labor contractor or
            employer charges the employee for transportation such
            transportation costs shall be reasonable.
                ``(7) Other worker protections.--
                        ``(A) Notification.--Not less frequently than once
                    every 2 years, each employer shall notify the Secretary
                    of Labor of the identity of any foreign labor
                    contractor engaged by the employer in any foreign labor
                    contractor activity for, or on behalf of, the employer.
                        ``(B) Registration of foreign labor contractors.--
                                ``(i) In general.--No person shall engage
                            in foreign labor recruiting activity unless
                            such person has a certificate of registration
                            from the Secretary of Labor specifying the
                            activities that such person is authorized to
                            perform. An employer who retains the services
                            of a foreign labor contractor shall only use
                            those foreign labor contractors who are
                            registered under this subparagraph.
                                ``(ii) Issuance.--The Secretary shall
                            promulgate regulations to establish an
                            efficient electronic process for the
                            investigation and approval of an application
                            for a certificate of registration of foreign
                            labor contractors not later than 14 days after
                            such application is filed, including--
                                        ``(I) requirements under paragraphs
                                    (1), (4), and (5) of section 102 of the
                                    Migrant and Seasonal Agricultural
                                    Worker Protection Act (29 U.S.C. 1812);
                                        ``(II) an expeditious means to
                                    update registrations and renew
                                    certificates; and
                                        ``(III) any other requirements that
                                    the Secretary may prescribe.
                                ``(iii) Term.--Unless suspended or revoked,
                            a certificate under this subparagraph shall be
                            valid for 2 years.
                                ``(iv) Refusal to issue; revocation;
                            suspension.--In accordance with regulations
                            promulgated by the Secretary of Labor, the
                            Secretary may refuse to issue or renew, or may
                            suspend or revoke, a certificate of
                            registration under this subparagraph if--
                                        ``(I) the application or holder of
                                    the certification has knowingly made a
                                    material misrepresentation in the
                                    application for such certificate;
                                        ``(II) the applicant for, or holder
                                    of, the certification is not the real
                                    party in interest in the application or
                                    certificate of registration and the
                                    real party in interest--
                                                ``(aa) is a person who has
                                            been refused issuance or
                                            renewal of a certificate;
                                                ``(bb) has had a
                                            certificate suspended or
                                            revoked; or
                                                ``(cc) does not qualify for
                                            a certificate under this
                                            paragraph; or
                                        ``(III) the applicant for or holder
                                    of the certification has failed to
                                    comply with this Act.
                        ``(C) Remedy for violations.--An employer engaging
                    in foreign labor contracting activity and a foreign
                    labor contractor that violates the provisions of this
                    subsection shall be subject to remedies for foreign
                    labor contractor violations under subsections (h) and
                    (i). If a foreign labor contractor acting as an agent
                    of an employer violates any provision of this
                    subsection, the employer shall also be subject to
                    remedies under subsections (h) and (i). An employer
                    that violates a provision of this subsection relating
                    to employer obligations shall be subject to remedies
                    under subsections (h) and (i).
                        ``(D) Employer notification.--An employer shall
                    notify the Secretary of Labor if the employer becomes
                    aware of a violation of this subsection by a foreign
                    labor recruiter.
                        ``(E) Written agreements.--A foreign labor
                    contractor may not violate the terms of any written
                    agreements made with an employer relating to any
                    contracting activity or worker protection under this
                    subsection.
                        ``(F) Bonding requirement.--The Secretary of Labor
                    may require a foreign labor contractor to post a bond
                    in an amount sufficient to ensure the protection of
                    individuals recruited by the foreign labor contractor.
                    The Secretary may consider the extent to which the
                    foreign labor contractor has sufficient ties to the
                    United States to adequately enforce this subsection.
        ``(i) Enforcement.--
                ``(1) In general.--The Secretary of Labor shall promulgate
            regulations for the receipt, investigation, and disposition of
            complaints by an aggrieved person respecting a violation of
            this section.
                ``(2) Filing deadline.--No investigation or hearing shall
            be conducted on a complaint concerning a violation under this
            section unless the complaint was filed not later than 12 months
            after the date of such violation.
                ``(3) Reasonable cause.--The Secretary of Labor shall
            conduct an investigation under this subsection if there is
            reasonable cause to believe that a violation of this section
            has occurred. The process established under this subsection
            shall provide that, not later than 30 days after a complaint is
            filed, the Secretary shall determine if there is reasonable
            cause to find such a violation.
                ``(4) Notice and hearing.--
                        ``(A) In general.--Not later than 60 days after the
                    Secretary of Labor makes a determination of reasonable
                    cause under paragraph (4), the Secretary shall issue a
                    notice to the interested parties and offer an
                    opportunity for a hearing on the complaint, in
                    accordance with section 556 of title 5, United States
                    Code.
                        ``(B) Complaint.--If the Secretary of Labor, after
                    receiving a complaint under this subsection, does not
                    offer the aggrieved party or organization an
                    opportunity for a hearing under subparagraph (A), the
                    Secretary shall notify the aggrieved party or
                    organization of such determination and the aggrieved
                    party or organization may seek a hearing on the
                    complaint in accordance with such section 556.
                        ``(C) Hearing deadline.--Not later than 60 days
                    after the date of a hearing under this paragraph, the
                    Secretary of Labor shall make a finding on the matter
                    in accordance with paragraph (5).
                ``(5) Attorneys' fees.--A complainant who prevails with
            respect to a claim under this subsection shall be entitled to
            an award of reasonable attorneys' fees and costs.
                ``(6) Power of the secretary.--The Secretary may bring an
            action in any court of competent jurisdiction--
                        ``(A) to seek remedial action, including injunctive
                    relief;
                        ``(B) to recover the damages described in
                    subsection (i); or
                        ``(C) to ensure compliance with terms and
                    conditions described in subsection (g).
                ``(7) Solicitor of labor.--Except as provided in section
            518(a) of title 28, United States Code, the Solicitor of Labor
            may appear for and represent the Secretary of Labor in any
            civil litigation brought under this subsection. All such
            litigation shall be subject to the direction and control of the
            Attorney General.
                ``(8) Procedures in addition to other rights of
            employees.--The rights and remedies provided to workers under
            this section are in addition to any other contractual or
            statutory rights and remedies of the workers, and are not
            intended to alter or affect such rights and remedies.
        ``(j) Penalties.--
                ``(1) In general.--If, after notice and an opportunity for
            a hearing, the Secretary of Labor finds a violation of
            subsection (b), (e), (f), or (g), the Secretary may impose
            administrative remedies and penalties, including--
                        ``(A) back wages;
                        ``(B) benefits; and
                        ``(C) civil monetary penalties.
                ``(2) Civil penalties.--The Secretary of Labor may impose,
            as a civil penalty--
                        ``(A) for a violation of subsection (e) or (f)--
                                ``(i) a fine in an amount not to exceed
                            $2,000 per violation per affected worker;
                                ``(ii) if the violation was willful
                            violation, a fine in an amount not to exceed
                            $5,000 per violation per affected worker;
                                ``(iii) if the violation was willful and if
                            in the course of such violation a United States
                            worker was harmed, a fine in an amount not to
                            exceed $25,000 per violation per affected
                            worker; and
                        ``(B) for a violation of subsection (g)--
                                ``(i) a fine in an amount not less than
                            $500 and not more than $4,000 per violation per
                            affected worker;
                                ``(ii) if the violation was willful, a fine
                            in an amount not less than $2,000 and not more
                            than $5,000 per violation per affected worker;
                            and
                                ``(iii) if the violation was willful and if
                            in the course of such violation a United States
                            worker was harmed, a fine in an amount not less
                            than $6,000 and not more than $35,000 per
                            violation per affected worker.
                ``(3) Use of civil penalties.--All penalties collected
            under this subsection shall be deposited in the Treasury in
            accordance with section 286(w).
                ``(4) Criminal penalties.--If a willful and knowing
            violation of subsection (g) causes extreme physical or
            financial harm to an individual, the person in violation of
            such subsection may be imprisoned for not more than 6 months,
            fined in an amount not more than $35,000, or both.''.
        (b) Clerical Amendment.--The table of contents is amended by
    inserting after the item relating to section 218A, as added by section
    403, the following:

    ``Sec. 218B. Employer obligations.''.

    SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

        (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by
    inserting after section 218B, as added by section 404, the following:

    ``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

        ``(a) Establishment.--The Secretary of Homeland Security, in
    consultation with the Secretary of Labor, the Secretary of State, and
    the Commission of Social Security, shall develop and implement a
    program (referred to in this section as the `alien employment
    management system') to manage and track the employment of aliens
    described in sections 218A and 218D.
        ``(b) Requirements.--The alien employment management system shall--
                ``(1) provide employers who seek employees with an
            opportunity to recruit and advertise employment opportunities
            available to United States workers before hiring an H-2C
            nonimmigrant;
                ``(2) collect sufficient information from employers to
            enable the Secretary of Homeland Security to determine--
                        ``(A) if the nonimmigrant is employed;
                        ``(B) which employers have hired an H-2C
                    nonimmigrant;
                        ``(C) the number of H-2C nonimmigrants that an
                    employer is authorized to hire and is currently
                    employing;
                        ``(D) the occupation, industry, and length of time
                    that an H-2C nonimmigrant has been employed in the
                    United States;
                ``(3) allow employers to request approval of multiple H-2C
            nonimmigrant workers; and
                ``(4) permit employers to submit applications under this
            section in an electronic form.''.
        (b) Clerical Amendment.--The table of contents for the Immigration
    and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
    after the item relating to section 218B, as added by section 404, the
    following:

    ``Sec. 218C. Alien employment management system.''.

    SEC. 406. RULEMAKING; EFFECTIVE DATE.

        (a) Rulemaking.--Not later than 6 months after the date of
    enactment of this Act, the Secretary of Labor shall promulgate
    regulations, in accordance with the notice and comment provisions of
    section 553 of title 5, United States Code, to carry out the provisions
    of sections 218A, 218B, and 218C, as added by this Act.
        (b) Effective Date.--The amendments made by sections 403, 404, and
    405 shall take effect on the date that is 1 year after the date of the
    enactment of this Act with regard to aliens, who, on such effective
    date, are in the foreign country where they maintain residence.

    SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

        (a) Electronic Job Registry.--The Secretary of Labor shall
    establish a publicly accessible Web page on the Internet website of the
    Department of Labor that provides a single Internet link to each State
    workforce agency's statewide electronic registry of jobs available
    throughout the United States to United States workers.
        (b) Recruitment of United States Workers.--
                (1) Posting.--An employer shall attest that the employer
            has posted an employment opportunity at a prevailing wage level
            (as described in section 218B(b)(2)(C) of the Immigration and
            Nationality Act).
                (2) Records.--An employer shall maintain records for not
            less than 1 year after the date on which an H-2C nonimmigrant
            is hired that describe the reasons for not hiring any of the
            United States workers who may have applied for such position.
        (c) Oversight and Maintenance of Records.--The Secretary of Labor
    shall promulgate regulations regarding the maintenance of electronic
    job registry records for the purpose of audit or investigation.
        (d) Access to Electronic Job Registry.--The Secretary of Labor
    shall ensure that job opportunities advertised on an electronic job
    registry established under this section are accessible--
                (1) by the State workforce agencies, which may further
            disseminate job opportunity information to other interested
            parties; and
                (2) through the Internet, for access by workers, employers,
            labor organizations, and other interested parties.

    SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.

        (a) Establishment.--There is established a task force to be known
    as the ``Temporary Worker Task Force'' (referred to in this section as
    the ``Task Force'').
        (b) Purposes.--The purposes of the Task Force are--
                (1) to study the impact of the admission of aliens under
            section 101(a)(15)(H)(ii)(c) on the wages, working conditions,
            and employment of United States workers; and
                (2) to make recommendations to the Secretary of Labor
            regarding the need for an annual numerical limitation on the
            number of aliens that may be admitted in any fiscal year under
            section 101(a)(15)(H)(ii)(c).
        (c) Membership.--
                (1) In general.--The Task Force shall be composed of 10
            members, of whom--
                        (A) 1 shall be appointed by the President and shall
                    serve as chairman of the Task Force;
                        (B) 1 shall be appointed by the leader of the
                    minority party in the Senate, in consultation with the
                    leader of the minority party in the House of
                    Representatives, and shall serve as vice chairman of
                    the Task Force;
                        (C) 2 shall be appointed by the majority leader of
                    the Senate;
                        (D) 2 shall be appointed by the minority leader of
                    the Senate;
                        (E) 2 shall be appointed by the Speaker of the
                    House of Representatives; and
                        (F) 2 shall be appointed by the minority leader of
                    the House of Representatives.
                (2) Deadline for appointment.--All members of the Task
            Force shall be appointed not later than 6 months after the date
            of the enactment of this Act.
                (3) Vacancies.--Any vacancy in the Task Force shall not
            affect its powers, but shall be filled in the same manner in
            which the original appointment was made.
                (4) Quorum.--Six members of the Task Force shall constitute
            a quorum.
        (d) Qualifications.--
                (1) In general.--Members of the Task Force shall be--
                        (A) individuals with expertise in economics,
                    demography, labor, business, or immigration or other
                    pertinent qualifications or experience; and
                        (B) representative of a broad cross-section of
                    perspectives within the United States, including the
                    public and private sectors and academia.
                (2) Political affiliation.--Not more than 5 members of the
            Task Force may be members of the same political party.
                (3) Nongovernmental appointees.--An individual appointed to
            the Task Force may not be an officer or employee of the Federal
            Government or of any State or local government.
        (e) Meetings.--
                (1) Initial meeting.--The Task Force shall meet and begin
            the operations of the Task Force as soon as practicable.
                (2) Subsequent meetings.--After its initial meeting, the
            Task Force shall meet upon the call of the chairman or a
            majority of its members.
        (f) Report.--Not later than 18 months after the date of the
    enactment of this Act, the Task Force shall submit, to Congress, the
    Secretary of Labor, and the Secretary, a report that contains--
                (1) findings with respect to the duties of the Task Force;
            and
                (2) recommendations for imposing a numerical limit.
        (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 1184(g)(1))
    is amended--
                (1) in subparagraph (A)(vii), by striking ``or'' at the
            end;
                (2) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(C) under section 101(a)(15)(H)(ii)(c) may not
                    exceed 200,000.''.
        (h) Adjustment to Lawful Permanent Resident Status.--Section 245 (8
    U.S.C. 1255) is amended by adding at the end the following:
        ``(n)(1) For purposes of adjustment of status under subsection (a),
    employment-based immigrant visas shall be made available, subject to
    the numerical limitations set out in sections 201(d) and 203(b), to an
    alien having nonimmigrant status described in section
    101(a)(15)(H)(ii)(c) upon the filing of a petition for such a visa--
                ``(A) by the alien's employer; or
                ``(B) by the alien, if--
                        ``(i) the alien has been employed in H-2C status
                    for a cumulative period of not less than 4 years;
                        ``(ii) an employer attests that the employer will
                    employ the alien in the offered job position;
                        ``(iii) the Secretary of Labor determines and
                    certifies that there are not sufficient United States
                    workers who are able, willing, qualified, and available
                    to fill the job position; or
                        ``(iv) the Secretary of Labor determines and
                    certifies that there are not sufficient United States
                    workers who are able, willing, qualified, and available
                    to fill the position in which the alien is, or will be,
                    employed; and
                        ``(v) the alien submits at least 2 documents to
                    establish current employment, as follows:
                                ``(I) Records maintained by the Social
                            Security Administration.
                                ``(II) Records maintained by the alien's
                            employer, such as pay stubs, time sheets, or
                            employment work verification.
                                ``(III) Records maintained by the Internal
                            Revenue Service.
                                ``(IV) Records maintained by any other
                            government agency, such as worker compensation
                            records, disability records, or business
                            licensing records.
        ``(2) An alien having nonimmigrant status described in section
    101(a)(15)(H)(ii)(c) may not apply for adjustment of status under this
    section unless the alien--
                ``(A) is physically present in the United States; and
                ``(B) establishes that the alien meets the requirements of
            section 312.
        ``(3) An alien who demonstrates that the alien meets the
    requirements of section 312 may be considered to have satisfied the
    requirements of that section for purposes of becoming naturalized as a
    citizen of the United States under title III.
        ``(4) Filing a petition under paragraph (1) on behalf of an alien
    or otherwise seeking permanent residence in the United States for such
    alien shall not constitute evidence of the alien's ineligibility for
    nonimmigrant status under section 101(a)(15)(H)(ii)(c).
        ``(5) The Secretary of Homeland Security shall extend, in 1-year
    increments, the stay of an alien for whom a labor certification
    petition filed under section 203(b) or an immigrant visa petition filed
    under section 204(b) is pending until a final decision is made on the
    alien's lawful permanent residence.
        ``(6) Nothing in this subsection shall be construed to prevent an
    alien having nonimmigrant status described in section
    101(a)(15)(H)(ii)(c) from filing an application for adjustment of
    status under this section in accordance with any other provision of
    law.''.

    SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

        (a) In General.--The Secretary of State, in cooperation with the
    Secretary and the Attorney General, shall negotiate with each home
    country of aliens described in section 101(a)(15)(H)(ii)(c) of the
    Immigration and Nationality Act, as added by section 402, to enter into
    a bilateral agreement with the United States that conforms to the
    requirements under subsection (b).
        (b) Requirements of Bilateral Agreements.--Each agreement
    negotiated under subsection (a) shall require the participating home
    country to--
                (1) accept the return of nationals who are ordered removed
            from the United States within 3 days of such removal;
                (2) cooperate with the United States Government to--
                        (A) identify, track, and reduce gang membership,
                    violence, and human trafficking and smuggling; and
                        (B) control illegal immigration;
                (3) provide the United States Government with--
                        (A) passport information and criminal records of
                    aliens who are seeking admission to, or are present in,
                    the United States; and
                        (B) admission and entry data to facilitate United
                    States entry-exit data systems; and
                (4) educate nationals of the home country regarding United
            States temporary worker programs to ensure that such nationals
            are not exploited; and
                (5) evaluate means to provide housing incentives in the
            alien's home country for returning workers.

    SEC. 410. S VISAS.

        (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) (8
    U.S.C. 1101(a)(15)(S)) is amended--
                (1) in clause (i)--
                        (A) by striking ``Attorney General'' each place
                    that term appears and inserting ``Secretary of Homeland
                    Security'';
                        (B) in subclause (I), by inserting before the
                    semicolon, ``, including a criminal enterprise
                    undertaken by a foreign government, its agents,
                    representatives, or officials'';
                        (C) in subclause (III), by inserting ``where the
                    information concerns a criminal enterprise undertaken
                    by an individual or organization that is not a foreign
                    government, its agents, representatives, or
                    officials,'' before ``whose''; and
                        (D) by striking ``or'' at the end; and
                (2) in clause (ii)--
                        (A) by striking ``Attorney General'' and inserting
                    ``Secretary of Homeland Security''; and
                        (B) by striking ``1956,'' and all that follows
                    through ``the alien;'' and inserting the following:
                    ``1956; or
                        ``(iii) who the Secretary of Homeland Security and
                    the Secretary of State, in consultation with the
                    Director of Central Intelligence, jointly determine--
                                ``(I) is in possession of critical reliable
                            information concerning the activities of
                            governments or organizations, or their agents,
                            representatives, or officials, with respect to
                            weapons of mass destruction and related
                            delivery systems, if such governments or
                            organizations are at risk of developing,
                            selling, or transferring such weapons or
                            related delivery systems; and
                                ``(II) is willing to supply or has
                            supplied, fully and in good faith, information
                            described in subclause (I) to appropriate
                            persons within the United States Government;
                ``and, if the Secretary of Homeland Security (or with
            respect to clause (ii), the Secretary of State and the
            Secretary of Homeland Security jointly) considers it to be
            appropriate, the spouse, married and unmarried sons and
            daughters, and parents of an alien described in clause (i),
            (ii), or (iii) if accompanying, or following to join, the
            alien;''.
        (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 1184(k)(1))
    is amended by striking ``The number of aliens'' and all that follows
    through the period and inserting the following: ``The number of aliens
    who may be provided a visa as nonimmigrants under section 101(a)(15)(S)
    in any fiscal year may not exceed 1,000.''.
        (c) Reports.--
                (1) Content.--Paragraph (4) of section 214(k) (8 U.S.C.
            1184(k)) is amended--
                        (A) in the matter preceding subparagraph (A)--
                                (i) by striking ``The Attorney General''
                            and inserting ``The Secretary of Homeland
                            Security''; and
                                (ii) by striking ``concerning--'' and
                            inserting ``that includes--'';
                        (B) in subparagraph (D), by striking ``and'';
                        (C) in subparagraph (E), by striking the period at
                    the end and inserting ``; and''; and
                        (D) by inserting at the end the following:
                ``(F) in the event that the total number of such
            nonimmigrants admitted is fewer than 25 percent of the total
            number provided for under paragraph (1) of this subsection--
                        ``(i) the reasons why the number of such
                    nonimmigrants admitted is fewer than 25 percent of that
                    provided for by law;
                        ``(ii) the efforts made by the Secretary of
                    Homeland Security to admit such nonimmigrants; and
                        ``(iii) any extenuating circumstances that
                    contributed to the admission of a number of such
                    nonimmigrants that is fewer than 25 percent of that
                    provided for by law.''.
                (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is
            amended by adding at the end the following new paragraph:
                ``(5) To the extent required by law and if it is in the
            interests of national security or the security of such
            nonimmigrants that are admitted, as determined by the Secretary
            of Homeland Security, the information contained in a report
            described in paragraph (4) may be classified, and the Secretary
            of Homeland Security shall, to the extent feasible, submit a
            non-classified version of the report to the Committee on the
            Judiciary of the House of Representatives and the Committee on
            the Judiciary of the Senate.''.

    SEC. 411. L VISA LIMITATIONS.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
                (1) by striking ``Attorney General'' each place it appears
            and inserting ``Secretary of Homeland Security'';
                (2) in subparagraph (E), by striking ``In the case'' and
            inserting ``Except as provided in subparagraph (H), in the
            case''; and
                (3) by adding at the end the following:
                ``(G)(i) If the beneficiary of a petition under this
            subsection is coming to the United States to open, or be
            employed in, a new facility, the petition may be approved for a
            period not to exceed 12 months only if the employer operating
            the new facility has--
                        ``(I) a business plan;
                        ``(II) sufficient physical premises to carry out
                    the proposed business activities; and
                        ``(III) the financial ability to commence doing
                    business immediately upon the approval of the petition.
                ``(ii) An extension of the approval period under clause (i)
            may not be granted until the importing employer submits to the
            Secretary of Homeland Security--
                        ``(I) evidence that the importing employer meets
                    the requirements of this subsection;
                        ``(II) evidence that the beneficiary meets the
                    requirements of section 101(a)(15)(L);
                        ``(III) a statement summarizing the original
                    petition;
                        ``(IV) evidence that the importing employer has
                    fully complied with the business plan submitted under
                    clause (i);
                        ``(V) evidence of the truthfulness of any
                    representations made in connection with the filing of
                    the original petition;
                        ``(VI) evidence that the importing employer, during
                    the previous 12 months, has been doing business at the
                    new facility through regular, systematic, and
                    continuous provision of goods or services, or has
                    otherwise been taking commercially reasonable steps to
                    establish the new facility as a commercial enterprise;
                        ``(VII) a statement of the duties the beneficiary
                    has performed at the new facility during the previous
                    12 months and the duties the beneficiary will perform
                    at the new facility during the extension period
                    approved under this clause;
                        ``(VIII) a statement describing the staffing at the
                    new facility, including the number of employees and the
                    types of positions held by such employees;
                        ``(IX) evidence of wages paid to employees if the
                    beneficiary will be employed in a managerial or
                    executive capacity;
                        ``(X) evidence of the financial status of the new
                    facility; and
                        ``(XI) any other evidence or data prescribed by the
                    Secretary.
                ``(iii) Notwithstanding subclauses (I) through (VI) of
            clause (ii) and subject to the maximum period of authorized
            admission set forth in subparagraph (D), the Secretary of
            Homeland Security may approve a subsequently filed petition on
            behalf of the beneficiary to continue employment at the
            facility described in this subsection for a period beyond the
            initially granted 12-month period if the importing employer
            demonstrates that the failure to satisfy any of the
            requirements described in those subclauses was directly caused
            by extraordinary circumstances beyond the control of the
            importing employer.
                ``(H)(i) The Secretary of Homeland Security may not
            authorize the spouse of an alien described under section
            101(a)(15)(L), who is a dependent of a beneficiary under
            subparagraph (G), to engage in employment in the United States
            during the initial 9-month period described in subparagraph
            (G)(i).
                ``(ii) A spouse described in clause (i) may be provided
            employment authorization upon the approval of an extension
            under subparagraph (G)(ii).
                ``(I) For purposes of determining the eligibility of an
            alien for classification under Section 101(a)(15)(L) of this
            Act, the Secretary of Homeland Security shall establish a
            program to work cooperatively with the Department of State to
            verify a company or facility's existence in the United States
            and abroad.''.

    SEC. 412. COMPLIANCE INVESTIGATORS.

        The Secretary of Labor shall, subject to the availability of
    appropriations for such purpose, annually increase, by not less than
    2,000, the number of positions for compliance investigators dedicated
    to enforcing compliance with this title, and the amendments made by
    this title.

    SEC. 413. VISA WAIVER PROGRAM EXPANSION.

        Section 217(c) (8 U.S.C. 1187(c)) is amended by adding at the end
    the following:
                ``(8) Probationary admission.--
                        ``(A) Definition of material support.--In this
                    paragraph, the term `material support' means the
                    current provision of the equivalent of, but not less
                    than, a battalion (which consists of 300 to 1,000
                    military personnel) to Operation Iraqi Freedom or
                    Operation Enduring Freedom to provide training,
                    logistical or tactical support, or a military presence.
                        ``(B) Designation as a program country.--
                    Notwithstanding any other provision of this section, a
                    country may be designated as a program country, on a
                    probationary basis, under this section if--
                                ``(i) the country is a member of the
                            European Union;
                                ``(ii) the country is providing material
                            support to the United States or the
                            multilateral forces in Afghanistan or Iraq, as
                            determined by the Secretary of Defense, in
                            consultation with the Secretary of State; and
                                ``(iii) the Secretary of Homeland Security,
                            in consultation with the Secretary of State,
                            determines that participation of the country in
                            the visa waiver program under this section does
                            not compromise the law enforcement interests of
                            the United States.
                        ``(C) Refusal rates; overstay rates.--The
                    determination under subparagraph (B)(iii) shall only
                    take into account any refusal rates or overstay rates
                    after the expiration of the first full year of the
                    country's admission into the European Union.
                        ``(D) Full compliance.--Not later than 2 years
                    after the date of a country's designation under
                    subparagraph (B), the country--
                                ``(i) shall be in full compliance with all
                            applicable requirements for program country
                            status under this section; or
                                ``(ii) shall have its program country
                            designation terminated.
                        ``(E) Extensions.--The Secretary of State may
                    extend, for a period not to exceed 2 years, the
                    probationary designation granted under subparagraph (B)
                    if the country--
                                ``(i) is making significant progress
                            towards coming into full compliance with all
                            applicable requirements for program country
                            status under this section;
                                ``(ii) is likely to achieve full compliance
                            before the end of such 2-year period; and
                                ``(iii) continues to be an ally of the
                            United States against terrorist states,
                            organizations, and individuals, as determined
                            by the Secretary of Defense, in consultation
                            with the Secretary of State.''.

    SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary such sums
    as may be necessary to carry out this subtitle and the amendments made
    by this subtitle for the first fiscal year beginning before the date of
    enactment of this Act and each of the subsequent fiscal years beginning
    not more than 7 years after the effective date of the regulations
    promulgated by the Secretary to implement this subtitle.

                   Subtitle B--Immigration Injunction Reform

    SEC. 421. SHORT TITLE.

        This subtitle may be cited as the ``Fairness in Immigration
    Litigation Act of 2007''.

    SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

        (a) Requirements for an Order Granting Prospective Relief Against
    the Government.--
                (1) In general.--If a court determines that prospective
            relief should be ordered against the Government in any civil
            action pertaining to the administration or enforcement of the
            immigration laws of the United States, the court shall--
                        (A) limit the relief to the minimum necessary to
                    correct the violation of law;
                        (B) adopt the least intrusive means to correct the
                    violation of law;
                        (C) minimize, to the greatest extent practicable,
                    the adverse impact on national security, border
                    security, immigration administration and enforcement,
                    and public safety, and
                        (D) provide for the expiration of the relief on a
                    specific date, which is not later than the earliest
                    date necessary for the Government to remedy the
                    violation.
                (2) Written explanation.--The requirements described in
            subsection (1) shall be discussed and explained in writing in
            the order granting prospective relief and must be sufficiently
            detailed to allow review by another court.
                (3) Expiration of preliminary injunctive relief.--
            Preliminary injunctive relief shall automatically expire on the
            date that is 90 days after the date on which such relief is
            entered, unless the court--
                        (A) makes the findings required under paragraph (1)
                    for the entry of permanent prospective relief; and
                        (B) makes the order final before expiration of such
                    90-day period.
                (4) Requirements for order denying motion.--This subsection
            shall apply to any order denying the Government's motion to
            vacate, modify, dissolve or otherwise terminate an order
            granting prospective relief in any civil action pertaining to
            the administration or enforcement of the immigration laws of
            the United States.
        (b) Procedure for Motion Affecting Order Granting Prospective
    Relief Against the Government.--
                (1) In general.--A court shall promptly rule on the
            Government's motion to vacate, modify, dissolve or otherwise
            terminate an order granting prospective relief in any civil
            action pertaining to the administration or enforcement of the
            immigration laws of the United States.
                (2) Automatic stays.--
                        (A) In general.--The Government's motion to vacate,
                    modify, dissolve, or otherwise terminate an order
                    granting prospective relief made in any civil action
                    pertaining to the administration or enforcement of the
                    immigration laws of the United States shall
                    automatically, and without further order of the court,
                    stay the order granting prospective relief on the date
                    that is 15 days after the date on which such motion is
                    filed unless the court previously has granted or denied
                    the Government's motion.
                        (B) Duration of automatic stay.--An automatic stay
                    under subparagraph (A) shall continue until the court
                    enters an order granting or denying the Government's
                    motion.
                        (C) Postponement.--The court, for good cause, may
                    postpone an automatic stay under subparagraph (A) for
                    not longer than 15 days.
                        (D) Orders blocking automatic stays.--Any order
                    staying, suspending, delaying, or otherwise barring the
                    effective date of the automatic stay described in
                    subparagraph (A), other than an order to postpone the
                    effective date of the automatic stay for not longer
                    than 15 days under subparagraph (C), shall be--
                                (i) treated as an order refusing to vacate,
                            modify, dissolve or otherwise terminate an
                            injunction; and
                                (ii) immediately appealable under section
                            1292(a)(1) of title 28, United States Code.
        (c) Settlements.--
                (1) Consent decrees.--In any civil action pertaining to the
            administration or enforcement of the immigration laws of the
            United States, the court may not enter, approve, or continue a
            consent decree that does not comply with subsection (a).
                (2) Private settlement agreements.--Nothing in this section
            shall preclude parties from entering into a private settlement
            agreement that does not comply with subsection (a) if the terms
            of that agreement are not subject to court enforcement other
            than reinstatement of the civil proceedings that the agreement
            settled.
        (d) Definitions.--In this section:
                (1) Consent decree.--The term ``consent decree''--
                        (A) means any relief entered by the court that is
                    based in whole or in part on the consent or
                    acquiescence of the parties; and
                        (B) does not include private settlements.
                (2) Good cause.--The term ``good cause'' does not include
            discovery or congestion of the court's calendar.
                (3) Government.--The term ``Government'' means the United
            States, any Federal department or agency, or any Federal agent
            or official acting within the scope of official duties.
                (4) Permanent relief.--The term ``permanent relief'' means
            relief issued in connection with a final decision of a court.
                (5) Private settlement agreement.--The term ``private
            settlement agreement'' means an agreement entered into among
            the parties that is not subject to judicial enforcement other
            than the reinstatement of the civil action that the agreement
            settled.
                (6) Prospective relief.--The term ``prospective relief''
            means temporary, preliminary, or permanent relief other than
            compensatory monetary damages.
        (e) Expedited Proceedings.--It shall be the duty of every court to
    advance on the docket and to expedite the disposition of any civil
    action or motion considered under this section.

    SEC. 423. EFFECTIVE DATE.

        (a) In General.--This subtitle shall apply with respect to all
    orders granting prospective relief in any civil action pertaining to
    the administration or enforcement of the immigration laws of the United
    States, whether such relief was ordered before, on, or after the date
    of the enactment of this Act.
        (b) Pending Motions.--Every motion to vacate, modify, dissolve or
    otherwise terminate an order granting prospective relief in any such
    action, which motion is pending on the date of the enactment of this
    Act, shall be treated as if it had been filed on such date of
    enactment.
        (c) Automatic Stay for Pending Motions.--
                (1) In general.--An automatic stay with respect to the
            prospective relief that is the subject of a motion described in
            subsection (b) shall take effect without further order of the
            court on the date which is 10 days after the date of the
            enactment of this Act if the motion--
                        (A) was pending for 45 days as of the date of the
                    enactment of this Act; and
                        (B) is still pending on the date which is 10 days
                    after such date of enactment.
                (2) Duration of automatic stay.--An automatic stay that
            takes effect under paragraph (1) shall continue until the court
            enters an order granting or denying the Government's motion
            under section 422(b). There shall be no further postponement of
            the automatic stay with respect to any such pending motion
            under section 422(b)(2). Any order, staying, suspending,
            delaying or otherwise barring the effective date of this
            automatic stay with respect to pending motions described in
            subsection (b) shall be an order blocking an automatic stay
            subject to immediate appeal under section 422(b)(2)(D).

                           TITLE V--BACKLOG REDUCTION

                         Subtitle A--Backlog Reduction

    SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

        (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c))
    is amended to read as follows:
        ``(c) Worldwide Level of Family-Sponsored Immigrants.--The
    worldwide level of family-sponsored immigrants under this subsection
    for a fiscal year is equal to the sum of--
                ``(1) 480,000;
                ``(2) the difference between the maximum number of visas
            authorized to be issued under this subsection during the
            previous fiscal year and the number of visas issued during the
            previous fiscal year;
                ``(3) the difference between--
                        ``(A) the maximum number of visas authorized to be
                    issued under this subsection during fiscal years 2001
                    through 2005 minus the number of visas issued under
                    this subsection during those fiscal years; and
                        ``(B) the number of visas calculated under
                    subparagraph (A) that were issued after fiscal year
                    2005.''.
        (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d))
    is amended to read as follows:
        ``(d) Worldwide Level of Employment-Based Immigrants.--
                ``(1) In general.--Subject to paragraph (2), the worldwide
            level of employment-based immigrants under this subsection for
            a fiscal year is equal to the sum of--
                        ``(A)(i) 450,000, for each of the fiscal years 2008
                    through 2017; or
                        ``(ii) 290,000, for fiscal year 2018 and each
                    subsequent fiscal year;
                        ``(B) the difference between the maximum number of
                    visas authorized to be issued under this subsection
                    during the previous fiscal year and the number of visas
                    issued during the previous fiscal year; and
                        ``(C) the difference between--
                                ``(i) the maximum number of visas
                            authorized to be issued under this subsection
                            during fiscal years 2001 through 2005 and the
                            number of visa numbers issued under this
                            subsection during those fiscal years; and
                                ``(ii) the number of visas calculated under
                            clause (i) that were issued after fiscal year
                            2005.
                ``(2) Visas for spouses and children.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), immigrant visas issued on or after
                    October 1, 2004, to spouses and children of employment-
                    based immigrants shall not be counted against the
                    numerical limitation set forth in paragraph (1).
                        ``(B) Numerical limitation.--The total number of
                    visas issued under paragraph (1)(A) and paragraph (2),
                    excluding such visas issued to aliens pursuant to
                    section 245B or section 245C of the Immigration and
                    Nationality Act, may not exceed 650,000 during any
                    fiscal year.
                        ``(C) Construction.--Nothing in this paragraph may
                    be construed to modify the requirement set out in
                    245B(a)(1)(I) or 245C(i)(2)(A) that prohibit an alien
                    from receiving an adjustment of status to that of a
                    legal permanent resident prior to the consideration of
                    all applications filed under section 201, 202, or 203
                    before the date of enactment of section 245B and
                    245C.''.

    SEC. 502. COUNTRY LIMITS.

        Section 202(a) (8 U.S.C. 1152(a)) is amended by striking ``7
    percent (in the case of a single foreign state) or 2 percent'' and
    inserting ``10 percent (in the case of a single foreign state) or 5
    percent''.

    SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

        (a) Preference Allocation for Family-Sponsored Immigrants.--Section
    203(a) (8 U.S.C. 1153(a)) is amended to read as follows:
        ``(a) Preference Allocations for Family-Sponsored Immigrants.--
    Aliens subject to the worldwide level specified in section 201(c) for
    family-sponsored immigrants shall be allocated visas as follows:
                ``(1) Unmarried sons and daughters of citizens.--Qualified
            immigrants who are the unmarried sons or daughters of citizens
            of the United States shall be allocated visas in a quantity not
            to exceed the sum of--
                        ``(A) 10 percent of such worldwide level; and
                        ``(B) any visas not required for the class
                    specified in paragraph (4).
                ``(2) Spouses and unmarried sons and daughters of permanent
            resident aliens.--
                        ``(A) In general.--Visas in a quantity not to
                    exceed 50 percent of such worldwide level plus any
                    visas not required for the class specified in paragraph
                    (1) shall be allocated to qualified immigrants who
                    are--
                                ``(i) the spouses or children of an alien
                            lawfully admitted for permanent residence; or
                                ``(ii) the unmarried sons or daughters of
                            an alien lawfully admitted for permanent
                            residence.
                        ``(B) Minimum percentage.--Visas allocated to
                    individuals described in subparagraph (A)(i) shall
                    constitute not less than 77 percent of the visas
                    allocated under this paragraph.
                ``(3) Married sons and daughters of citizens.--Qualified
            immigrants who are the married sons and daughters of citizens
            of the United States shall be allocated visas in a quantity not
            to exceed the sum of--
                        ``(A) 10 percent of such worldwide level; and
                        ``(B) any visas not required for the classes
                    specified in paragraphs (1) and (2).
                ``(4) Brothers and sisters of citizens.--Qualified
            immigrants who are the brothers or sisters of a citizen of the
            United States who is at least 21 years of age shall be
            allocated visas in a quantity not to exceed 30 percent of the
            worldwide level.''.
        (b) Preference Allocation for Employment-Based Immigrants.--Section
    203(b) (8 U.S.C. 1153(b)) is amended--
                (1) in paragraph (1), by striking ``28.6 percent'' and
            inserting ``15 percent'';
                (2) in paragraph (2)(A), by striking ``28.6 percent'' and
            inserting ``15 percent'';
                (3) in paragraph (3)(A)--
                        (A) by striking ``28.6 percent'' and inserting ``35
                    percent''; and
                        (B) by striking clause (iii);
                (4) by striking paragraph (4);
                (5) by redesignating paragraph (5) as paragraph (4);
                (6) in paragraph (4)(A), as redesignated, by striking ``7.1
            percent'' and inserting ``5 percent'';
                (7) by inserting after paragraph (4), as redesignated, the
            following:
                ``(5) Other workers.--
                        ``(A) In general.--Visas shall be made available,
                    in a number not to exceed 30 percent of such worldwide
                    level, plus any visa numbers not required for the
                    classes specified in paragraphs (1) through (4), to
                    qualified immigrants who are capable, at the time of
                    petitioning for classification under this paragraph, of
                    performing unskilled labor that is not of a temporary
                    or seasonal nature, for which qualified workers are
                    determined to be unavailable in the United States.
                        ``(B) Priority in allocating visas.--In allocating
                    visas under subparagraph (A) for each of the fiscal
                    years 2007 through 2017, the Secretary shall reserve 30
                    percent of such visas for qualified immigrants who were
                    physically present in the United States before January
                    7, 2004.''; and
                (8) by striking paragraph (6).
        (c) Special Immigrants Not Subject to Numerical Limitations.--
    Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is amended by striking
    ``subparagraph (A) or (B) of''.
        (d) Conforming Amendments.--
                (1) Definition of special immigrant.--Section 101(a)(27)(M)
            (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to
            the numerical limitations of section 203(b)(4),''.
                (2) Repeal of temporary reduction in workers' visas.--
            Section 203(e) of the Nicaraguan Adjustment and Central
            American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is
            repealed.

    SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.

        (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended
    to read as follows:
                ``(2)(A)(i) Aliens admitted under section 211(a) on the
            basis of a prior issuance of a visa under section 203(a) to
            their accompanying parent who is an immediate relative.
                ``(ii) In this subparagraph, the term `immediate relative'
            means a child, spouse, or parent of a citizen of the United
            States (and each child of such child, spouse, or parent who is
            accompanying or following to join the child, spouse, or
            parent), except that, in the case of parents, such citizens
            shall be at least 21 years of age.
                ``(iii) An alien who was the spouse of a citizen of the
            United States for not less than 2 years at the time of the
            citizen's death or, if married for less than 2 years at the
            time of the citizen's death, proves by a preponderance of the
            evidence that the marriage was entered into in good faith and
            not solely for the purpose of obtaining an immigration benefit
            and was not legally separated from the citizen at the time of
            the citizen's death, and each child of such alien, shall be
            considered, for purposes of this subsection, to remain an
            immediate relative after the date of the citizen's death if the
            spouse files a petition under section 204(a)(1)(A)(ii) before
            the earlier of--
                        ``(I) 2 years after such date; or
                        ``(II) the date on which the spouse remarries.
                ``(iv) In this clause, an alien who has filed a petition
            under clause (iii) or (iv) of section 204(a)(1)(A) remains an
            immediate relative if the United States citizen spouse or
            parent loses United States citizenship on account of the abuse.
                ``(B) Aliens born to an alien lawfully admitted for
            permanent residence during a temporary visit abroad.''.
        (b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C.
    1154(a)(1)(A)(ii)) is amended by striking ``in the second sentence of
    section 201(b)(2)(A)(i) also'' and inserting ``in section
    201(b)(2)(A)(iii) or an alien child or alien parent described in the
    201(b)(2)(A)(iv)''.

    SEC. 505. SHORTAGE OCCUPATIONS.

        (a) Exception to Direct Numerical Limitations.--Section 201(b)(1)
    (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following new
    subparagraph:
                        ``(F)(i) During the period beginning on the date of
                    the enactment the Comprehensive Immigration Reform Act
                    of 2007, and ending on September 30, 2017, an alien--
                                ``(I) who is otherwise described in section
                            203(b); and
                                ``(II) who is seeking admission to the
                            United States to perform labor in shortage
                            occupations designated by the Secretary of
                            Labor for blanket certification under section
                            212(a)(5)(A) due to the lack of sufficient
                            United States workers able, willing, qualified,
                            and available for such occupations and for
                            which the employment of aliens will not
                            adversely affect the terms and conditions of
                            similarly employed United States workers.
                        ``(ii) During the period described in clause (i),
                    the spouse or dependents of an alien described in
                    clause (i), if accompanying or following to join such
                    alien.''.
        (b) Exception to Nondiscrimination Requirements.--Section
    202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking
    ``201(b)(2)(A)(i)'' and inserting ``201(b)''.
        (c) Exception to Per Country Levels for Family-Sponsored and
    Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)),
    as amended by section 502(1), is further amended by inserting ``,
    except for aliens described in section 201(b),'' after ``any fiscal
    year''.
        (d) Increasing the Domestic Supply of Nurses and Physical
    Therapists.--Not later than January 1, 2007, the Secretary of Health
    and Human Services shall--
                (1) submit to Congress a report on the source of newly
            licensed nurses and physical therapists in each State, which
            report shall--
                        (A) include the past 3 years for which data are
                    available;
                        (B) provide separate data for each occupation and
                    for each State;
                        (C) separately identify those receiving their
                    initial license and those licensed by endorsement from
                    another State;
                        (D) within those receiving their initial license in
                    each year, identify the number who received their
                    professional education in the United States and those
                    who received such education outside the United States;
                    and
                        (E) to the extent possible, identify, by State of
                    residence and country of education, the number of
                    nurses and physical therapists who were educated in any
                    of the 5 countries (other than the United States) from
                    which the most nurses and physical therapists arrived;
                        (F) identify the barriers to increasing the supply
                    of nursing faculty, domestically trained nurses, and
                    domestically trained physical therapists;
                        (G) recommend strategies to be followed by Federal
                    and State governments that would be effective in
                    removing such barriers, including strategies that
                    address barriers to advancement to become registered
                    nurses for other health care workers, such as home
                    health aides and nurses assistants;
                        (H) recommend amendments to Federal legislation
                    that would increase the supply of nursing faculty,
                    domestically trained nurses, and domestically trained
                    physical therapists;
                        (I) recommend Federal grants, loans, and other
                    incentives that would provide increases in nurse
                    educators, nurse training facilities, and other steps
                    to increase the domestic education of new nurses and
                    physical therapists;
                        (J) identify the effects of nurse emigration on the
                    health care systems in their countries of origin; and
                        (K) recommend amendments to Federal law that would
                    minimize the effects of health care shortages in the
                    countries of origin from which immigrant nurses
                    arrived;
                (2) enter into a contract with the National Academy of
            Sciences Institute of Medicine to determine the level of
            Federal investment under titles VII and VIII of the Public
            Health Service Act necessary to eliminate the domestic nursing
            and physical therapist shortage not later than 7 years from the
            date on which the report is published; and
                (3) collaborate with other agencies, as appropriate, in
            working with ministers of health or other appropriate officials
            of the 5 countries from which the most nurses and physical
            therapists arrived, to--
                        (A) address health worker shortages caused by
                    emigration;
                        (B) ensure that there is sufficient human resource
                    planning or other technical assistance needed to reduce
                    further health worker shortages in such countries.

    SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

        (a) Short Title.--This section may be cited as the ``Widows and
    Orphans Act of 2007''.
        (b) New Special Immigrant Category.--
                (1) Certain children and women at risk of harm.--Section
            101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
                        (A) in subparagraph (L), by inserting a semicolon
                    at the end;
                        (B) in subparagraph (M), by striking the period at
                    the end and inserting ``; or''; and
                        (C) by adding at the end the following:
                        ``(N) subject to subsection (j), an immigrant who
                    is not present in the United States--
                                ``(i) who is--
                                        ``(I) referred to a consular,
                                    immigration, or other designated
                                    official by a United States Government
                                    agency, an international organization,
                                    or recognized nongovernmental entity
                                    designated by the Secretary of State
                                    for purposes of such referrals; and
                                        ``(II) determined by such official
                                    to be a minor under 18 years of age (as
                                    determined under subsection (j)(5))--
                                                ``(aa) for whom no parent
                                            or legal guardian is able to
                                            provide adequate care;
                                                ``(bb) who faces a credible
                                            fear of harm related to his or
                                            her age;
                                                ``(cc) who lacks adequate
                                            protection from such harm; and
                                                ``(dd) for whom it has been
                                            determined to be in his or her
                                            best interests to be admitted
                                            to the United States; or
                                ``(ii) who is--
                                        ``(I) referred to a consular or
                                    immigration official by a United States
                                    Government agency, an international
                                    organization or recognized
                                    nongovernmental entity designated by
                                    the Secretary of State for purposes of
                                    such referrals; and
                                        ``(II) determined by such official
                                    to be a female who has--
                                                ``(aa) a credible fear of
                                            harm related to her sex; and
                                                ``(bb) a lack of adequate
                                            protection from such harm.''.
                (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is
            amended by adding at the end the following:
        ``(j)(1) No natural parent or prior adoptive parent of any alien
    provided special immigrant status under subsection (a)(27)(N)(i) shall
    thereafter, by virtue of such parentage, be accorded any right,
    privilege, or status under this Act.
        ``(2)(A) No alien who qualifies for a special immigrant visa under
    subsection (a)(27)(N)(ii) may apply for derivative status or petition
    for any spouse who is represented by the alien as missing, deceased, or
    the source of harm at the time of the alien's application and
    admission. The Secretary of Homeland Security may waive this
    requirement for an alien who demonstrates that the alien's
    representations regarding the spouse were bona fide.
        ``(B) An alien who qualifies for a special immigrant visa under
    subsection (a)(27)(N) may apply for derivative status or petition for
    any sibling under the age of 18 years or children under the age of 18
    years of any such alien, if accompanying or following to join the
    alien. For purposes of this subparagraph, a determination of age shall
    be made using the age of the alien on the date the petition is filed
    with the Department of Homeland Security.
        ``(3) An alien who qualifies for a special immigrant visa under
    subsection (a)(27)(N) shall be treated in the same manner as a refugee
    solely for purposes of section 412.
        ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section
    212(a) shall not be applicable to any alien seeking admission to the
    United States under subsection (a)(27)(N), and the Secretary of
    Homeland Security may waive any other provision of such section (other
    than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph
    (3)) with respect to such an alien for humanitarian purposes, to assure
    family unity, or when it is otherwise in the public interest. Any such
    waiver by the Secretary of Homeland Security shall be in writing and
    shall be granted only on an individual basis following an
    investigation. The Secretary of Homeland Security shall provide for the
    annual reporting to Congress of the number of waivers granted under
    this paragraph in the previous fiscal year and a summary of the reasons
    for granting such waivers.
        ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination
    of age shall be made using the age of the alien on the date on which
    the alien was referred to the consular, immigration, or other
    designated official.
        ``(6) The Secretary of Homeland Security shall waive any
    application fee for a special immigrant visa for an alien described in
    section 101(a)(27)(N).''.
                (3) Expedited process.--Not later than 45 days after the
            date of referral to a consular, immigration, or other
            designated official (as described in section 101(a)(27)(N) of
            the Immigration and Nationality Act, as added by paragraph
            (1))--
                        (A) special immigrant status shall be adjudicated;
                    and
                        (B) if special immigrant status is granted, the
                    alien shall be paroled to the United States pursuant to
                    section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and
                    allowed to apply for adjustment of status to permanent
                    residence under section 245 of that Act (8 U.S.C. 1255)
                    within 1 year after the alien's arrival in the United
                    States.
                (4) Report to congress.--Not later than 1 year after the
            date of the enactment of this Act, the Secretary shall submit a
            report to the Committee on the Judiciary of the Senate and the
            Committee on the Judiciary of the House of Representatives on
            the progress of the implementation of this section and the
            amendments made by this section, including--
                        (A) data related to the implementation of this
                    section and the amendments made by this section;
                        (B) data regarding the number of placements of
                    females and children who faces a credible fear of harm
                    as referred to in section 101(a)(27)(N) of the
                    Immigration and Nationality Act, as added by paragraph
                    (1); and
                        (C) any other information that the Secretary
                    considers appropriate.
                (5) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this subsection and the amendments made by this subsection.
        (c) Requirements for Aliens.--
                (1) Requirement prior to entry into the united states.--
                        (A) Database search.--An alien may not be admitted
                    to the United States unless the Secretary has ensured
                    that a search of each database maintained by an agency
                    or department of the United States has been conducted
                    to determine whether such alien is ineligible to be
                    admitted to the United States on criminal, security, or
                    related grounds.
                        (B) Cooperation and schedule.--The Secretary and
                    the head of each appropriate agency or department of
                    the United States shall work cooperatively to ensure
                    that each database search required by subparagraph (A)
                    is completed not later than 45 days after the date on
                    which an alien files a petition seeking a special
                    immigration visa under section 101(a)(27)(N) of the
                    Immigration and Nationality Act, as added by subsection
                    (b)(1).
                (2) Requirement after entry into the united states.--
                        (A) Requirement to submit fingerprints.--
                                (i) In general.--Not later than 30 days
                            after the date that an alien enters the United
                            States, the alien shall be fingerprinted and
                            submit to the Secretary such fingerprints and
                            any other personal biometric data required by
                            the Secretary.
                                (ii) Other requirements.--The Secretary may
                            prescribe regulations that permit fingerprints
                            submitted by an alien under section 262 of the
                            Immigration and Nationality Act (8 U.S.C. 1302)
                            or any other provision of law to satisfy the
                            requirement to submit fingerprints of clause
                            (i).
                        (B) Database search.--The Secretary shall ensure
                    that a search of each database that contains
                    fingerprints that is maintained by an agency or
                    department of the United States be conducted to
                    determine whether such alien is ineligible for an
                    adjustment of status under any provision of the
                    Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
                    on criminal, security, or related grounds.
                        (C) Cooperation and schedule.--The Secretary and
                    the head of each appropriate agency or department of
                    the United States shall work cooperatively to ensure
                    that each database search required by subparagraph (B)
                    is completed not later than 180 days after the date on
                    which the alien enters the United States.
                        (D) Administrative and judicial review.--
                                (i) In general.--There may be no review of
                            a determination by the Secretary, after a
                            search required by subparagraph (B), that an
                            alien is ineligible for an adjustment of
                            status, under any provision of the Immigration
                            and Nationality Act (8 U.S.C. 1101 et seq.) on
                            criminal, security, or related grounds except
                            as provided in this subparagraph.
                                (ii) Administrative review.--An alien may
                            appeal a determination described in clause (i)
                            through the Administrative Appeals Office of
                            the Bureau of Citizenship and Immigration
                            Services. The Secretary shall ensure that a
                            determination on such appeal is made not later
                            than 60 days after the date that the appeal is
                            filed.
                                (iii) Judicial review.--There may be no
                            judicial review of a determination described in
                            clause (i).

    SEC. 507. STUDENT VISAS.

        (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is
    amended--
                (1) in clause (i)--
                        (A) by striking ``he has no intention of
                    abandoning, who is'' and inserting the following:
                    ``except in the case of an alien described in clause
                    (iv), the alien has no intention of abandoning, who
                    is--
                        ``(I)'';
                        (B) by striking ``consistent with section 214(l)''
                    and inserting ``(except for a graduate program
                    described in clause (iv)) consistent with section
                    214(m)'';
                        (C) by striking the comma at the end and inserting
                    the following: ``; or
                        ``(II) engaged in temporary employment for optional
                    practical training related to the alien's area of
                    study, which practical training shall be authorized for
                    a period or periods of up to 24 months;'';
                (2) in clause (ii)--
                        (A) by inserting ``or (iv)'' after ``clause (i)'';
                    and
                        (B) by striking ``, and'' and inserting a
                    semicolon; and
                (3) by adding at the end the following:
                                ``(iv) an alien described in clause (i) who
                            has been accepted and plans to attend an
                            accredited graduate program in mathematics,
                            engineering, technology, or the sciences in the
                            United States for the purpose of obtaining an
                            advanced degree; and
                                ``(v) an alien who maintains actual
                            residence and place of abode in the alien's
                            country of nationality, who is described in
                            clause (i), except that the alien's actual
                            course of study may involve a distance learning
                            program, for which the alien is temporarily
                            visiting the United States for a period not to
                            exceed 30 days.''.
        (b) Creation of J-STEM Visa Category.--Section 101(a)(15)(J) (8
    U.S.C. 1101(a)(15)(J)) is amended to read as follows:
                        ``(J) an alien with a residence in a foreign
                    country that (except in the case of an alien described
                    in clause (ii)) the alien has no intention of
                    abandoning, who is a bona fide student, scholar,
                    trainee, teacher, professor, research assistant,
                    specialist, or leader in a field of specialized
                    knowledge or skill, or other person of similar
                    description, and who--
                                ``(i) is coming temporarily to the United
                            States as a participant in a program (other
                            than a graduate program described in clause
                            (ii)) designated by the Secretary of State, for
                            the purpose of teaching, instructing or
                            lecturing, studying, observing, conducting
                            research, consulting, demonstrating special
                            skills, or receiving training and who, if
                            coming to the United States to participate in a
                            program under which the alien will receive
                            graduate medical education or training, also
                            meets the requirements of section 212(j), and
                            the alien spouse and minor children of any such
                            alien if accompanying the alien or following to
                            join the alien; or
                                ``(ii) has been accepted and plans to
                            attend an accredited graduate program in the
                            sciences, technology, engineering, or
                            mathematics in the United States for the
                            purpose of obtaining an advanced degree.''.
        (c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b))
    is amended by striking ``subparagraph (L) or (V)'' and inserting
    ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
        (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 U.S.C.
    1184(m)) is amended--
                (1) by inserting before paragraph (1) the following:
        ``(e) Nonimmigrant Elementary, Secondary, and Post-Secondary School
    Students.--''; and
                (2) by adding at the end the following:
        ``(3) A visa issued to an alien under subparagraph (F)(iv) or
    (J)(ii) of section 101(a)(15) shall be valid--
                ``(A) during the intended period of study in a graduate
            program described in such section;
                ``(B) for an additional period, not to exceed 1 year after
            the completion of the graduate program, if the alien is
            actively pursuing an offer of employment related to the
            knowledge and skills obtained through the graduate program; and
                ``(C) for the additional period necessary for the
            adjudication of any application for labor certification,
            employment-based immigrant petition, and application under
            section 245(a)(2) to adjust such alien's status to that of an
            alien lawfully admitted for permanent residence, if such
            application for labor certification or employment-based
            immigrant petition has been filed not later than 1 year after
            the completion of the graduate program.''.
        (e) Waiver of Foreign Residence Requirement.--Section 212(e) (8
    U.S.C. 1182(e)) is amended--
                (1) by inserting ``(1)'' before ``No person'';
                (2) by striking ``admission (i) whose'' and inserting the
            following: ``admission--
                ``(A) whose'';
                (3) by striking ``residence, (ii) who'' and inserting the
            following ``residence;
                ``(B) who'';
                (4) by striking ``engaged, or (iii) who'' and inserting the
            following: ``engaged; or
                ``(C) who'';
                (5) by striking ``training, shall'' and inserting the
            following: ``training,
    ``shall'';
                (6) by striking ``United States: Provided, That upon'' and
            inserting the following: ``United States.
        ``(2) Upon'';''
                (7) by striking ``section 214(l): And provided further,
            That, except'' and inserting the following: ``section 214(l);
        ``(3) Except''; and
                (8) by adding at the end the following:
        ``(4) An alien who has been issued a visa or otherwise provided
    nonimmigrant status under section 101(a)(15)(J)(ii), or who would have
    qualified for such nonimmigrant status if section 101(a)(15)(J)(ii) had
    been enacted before the completion of such alien's graduate studies,
    shall not be subject to the 2-year foreign residency requirement under
    this subsection.''
        (f) Off Campus Work Authorization for Foreign Students.--
                (1) In general.--Aliens admitted as nonimmigrant students
            described in section 101(a)(15)(F) of the Immigration and
            Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an
            off-campus position unrelated to the alien's field of study
            if--
                        (A) the alien has enrolled full-time at the
                    educational institution and is maintaining good
                    academic standing;
                        (B) the employer provides the educational
                    institution and the Secretary of Labor with an
                    attestation that the employer--
                                (i) has spent at least 21 days recruiting
                            United States citizens to fill the position;
                            and
                                (ii) will pay the alien and other similarly
                            situated workers at a rate equal to not less
                            than the greater of--
                                        (I) the actual wage level for the
                                    occupation at the place of employment;
                                    or
                                        (II) the prevailing wage level for
                                    the occupation in the area of
                                    employment; and
                        (C) the alien will not be employed more than--
                                (i) 20 hours per week during the academic
                            term; or
                                (ii) 40 hours per week during vacation
                            periods and between academic terms.
                (2) Disqualification.--If the Secretary of Labor determines
            that an employer has provided an attestation under paragraph
            (1)(B) that is materially false or has failed to pay wages in
            accordance with the attestation, the employer, after notice and
            opportunity for a hearing, shall be disqualified from employing
            an alien student under paragraph (1).
        (g) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is
    amended to read as follows:
        ``(a) Authorization.--
                ``(1) In general.--The status of an alien, who was
            inspected and admitted or paroled into the United States, or
            who has an approved petition for classification under
            subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
            204(a)(1), may be adjusted by the Secretary of Homeland
            Security or the Attorney General, under such regulations as the
            Secretary or the Attorney General may prescribe, to that of an
            alien lawfully admitted for permanent residence if--
                        ``(A) the alien makes an application for such
                    adjustment;
                        ``(B) the alien is eligible to receive an immigrant
                    visa;
                        ``(C) the alien is admissible to the United States
                    for permanent residence; and
                        ``(D) an immigrant visa is immediately available to
                    the alien at the time the application is filed.
                ``(2) Student visas.--Notwithstanding the requirement under
            paragraph (1)(D), an alien may file an application for
            adjustment of status under this section if--
                        ``(A) the alien has been issued a visa or otherwise
                    provided nonimmigrant status under subparagraph (J)(ii)
                    or (F)(iv) of section 101(a)(15), or would have
                    qualified for such nonimmigrant status if subparagraph
                    (J)(ii) or (F)(iv) of section 101(a)(15) had been
                    enacted before the completion of such alien's graduate
                    studies;
                        ``(B) the alien has earned an advanced degree in
                    the sciences, technology, engineering, or mathematics;
                        ``(C) the alien is the beneficiary of a petition
                    filed under subparagraph (E) or (F) of section
                    204(a)(1); and
                        ``(D) a fee of $2,000 is remitted to the Secretary
                    on behalf of the alien.
                ``(3) Limitation.--An application for adjustment of status
            filed under this section may not be approved until an immigrant
            visa number becomes available.
                ``(4) Filing in cases of unavailable visa numbers.--Subject
            to the limitation described in paragraph (3), if a supplemental
            petition fee is paid for a petition under subparagraph (E) or
            (F) of section 204(a)(1), an application under paragraph (1) on
            behalf of an alien that is a beneficiary of the petition
            (including a spouse or child who is accompanying or following
            to join the beneficiary) may be filed without regard to the
            requirement under paragraph (1)(D).
                ``(5) Pending applications.--Subject to the limitation
            described in paragraph (3), if a petition under subparagraph
            (E) or (F) of section 204(a)(1) is pending or approved as of
            the date of enactment of this paragraph, on payment of the
            supplemental petition fee under that section, the alien that is
            the beneficiary of the petition may submit an application for
            adjustment of status under this subsection without regard to
            the requirement under paragraph (1)(D).
                ``(6) Employment authorizations and advanced parole travel
            documentation.--The Attorney General shall--
                        ``(A) provide to any immigrant who has submitted an
                    application for adjustment of status under this
                    subsection not less than 3 increments, the duration of
                    each of which shall be not less than 3 years, for any
                    applicable employment authorization or advanced parole
                    travel document of the immigrant; and
                        ``(B) adjust each applicable fee payment schedule
                    in accordance with the increments provided under
                    subparagraph (A) so that 1 fee for each authorization
                    or document is required for each 3-year increment.''
        (h) Use of Fees.--
                (1) Job training; scholarships.--Section 286(s)(1) (8
            U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of
            the fees collected under section 245(a)(2)(D)'' before the
            period at the end.
                (2) Fraud prevention and detection.--Section 286(v)(1) (8
            U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of
            the fees collected under section 245(a)(2)(D)'' before the
            period at the end.

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

        (a) Aliens With Certain Advanced Degrees Not Subject to Numerical
    Limitations on Employment Based Immigrants.--
                (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
            as amended by section 505, is amended by adding at the end the
            following:
                        ``(G) Aliens who have earned an advanced degree in
                    science, technology, engineering, or math and have been
                    working in a related field in the United States under a
                    nonimmigrant visa during the 3-year period preceding
                    their application for an immigrant visa under section
                    203(b).
                        ``(H) Aliens described in subparagraph (A) or (B)
                    of section 203(b)(1)(A) or who have received a national
                    interest waiver under section 203(b)(2)(B).
                        ``(I) The spouse and minor children of an alien who
                    is admitted as an employment-based immigrant under
                    section 203(b).''.
                (2) Applicability.--The amendment made by paragraph (1)
            shall apply to any visa application--
                        (A) pending on the date of the enactment of this
                    Act; or
                        (B) filed on or after such date of enactment.
        (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C.
    1182(a)(5)(A)(ii)) is amended--
                (1) in subclause (I), by striking ``or'' at the end;
                (2) in subclause (II), by striking the period at the end
            and inserting ``; or''; and
                (3) by adding at the end the following:
                                        ``(III) has an advanced degree in
                                    the sciences, technology, engineering,
                                    or mathematics from an accredited
                                    university in the United States and is
                                    employed in a field related to such
                                    degree.''.
        (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``(beginning with fiscal year
                    1992)''; and
                        (B) in subparagraph (A)--
                                (i) in clause (vii), by striking ``each
                            succeeding fiscal year; or'' and inserting
                            ``each of fiscal years 2004, 2005, 2006, and
                            2007;''; and
                                (ii) by adding after clause (vii) the
                            following:
                                ``(viii) 115,000 in the first fiscal year
                            beginning after the date of the enactment of
                            this clause; and
                                ``(ix) the number calculated under
                            paragraph (9) in each fiscal year after the
                            year described in clause (viii); or'';
                (2) in paragraph (5)--
                        (A) in subparagraph (B), by striking ``or'' at the
                    end;
                        (B) in subparagraph (C), by striking the period at
                    the end and inserting ``; or''; and
                        (C) by adding at the end the following:
                        ``(D) has earned an advanced degree in science,
                    technology, engineering, or math.'';
                (3) by redesignating paragraphs (9), (10), and (11) as
            paragraphs (10), (11), and (12), respectively; and
                (4) by inserting after paragraph (8) the following:
                ``(9) If the numerical limitation in paragraph (1)(A)--
                        ``(A) is reached during a given fiscal year, the
                    numerical limitation under paragraph (1)(A)(ix) for the
                    subsequent fiscal year shall be equal to 120 percent of
                    the numerical limitation of the given fiscal year; or
                        ``(B) is not reached during a given fiscal year,
                    the numerical limitation under paragraph (1)(A)(ix) for
                    the subsequent fiscal year shall be equal to the
                    numerical limitation of the given fiscal year.''.
        (d) Applicability.--The amendment made by subsection (c)(2) shall
    apply to any visa application--
                (1) pending on the date of the enactment of this Act; or
                (2) filed on or after such date of enactment.
        (e) Worldwide Level of Immigrants With Advanced Degrees.--Section
    201 (8 U.S.C. 1151) is amended--
                (1) in subsection (a)(3), by inserting ``and immigrants
            with advanced degrees'' after ``diversity immigrants''; and
                (2) by amending subsection (e) to read as follows:
        ``(e) Worldwide Level of Diversity Immigrants and Immigrants With
    Advanced Degrees.--
                ``(1) Diversity immigrants.--The worldwide level of
            diversity immigrants described in section 203(c)(1) is equal to
            18,333 for each fiscal year.
                ``(2) Immigrants with advanced degrees.--The worldwide
            level of immigrants with advanced degrees described in section
            203(c)(2) is equal to 36,667 for each fiscal year.''.
        (f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C.
    1153(c)) is amended--
                (1) in subsection (c)--
                        (A) in paragraph (1), by striking ``paragraph (2),
                    aliens subject to the worldwide level specified in
                    section 201(e)'' and inserting ``paragraphs (2) and
                    (3), aliens subject to the worldwide level specified in
                    section 201(e)(1)'';
                        (B) by redesignating paragraphs (2) and (3) as
                    paragraphs (3) and (4), respectively;
                        (C) by inserting after paragraph (1) the following:
                ``(2) Aliens who hold an advanced degree in science,
            mathematics, technology, or engineering.--
                        ``(A) In general.--Qualified immigrants who hold a
                    master's or doctorate degree in the life sciences, the
                    physical sciences, mathematics, technology, or
                    engineering from an accredited university in the United
                    States, or an equivalent foreign degree, shall be
                    allotted visas each fiscal year in a number not to
                    exceed the worldwide level specified in section
                    201(e)(2).
                        ``(B) Economic considerations.--Beginning on the
                    date which is 1 year after the date of the enactment of
                    this paragraph, the Secretary of State, in consultation
                    with the Secretary of Commerce and the Secretary of
                    Labor, and after notice and public hearing, shall
                    determine which of the degrees described in
                    subparagraph (A) will provide immigrants with the
                    knowledge and skills that are most needed to meet
                    anticipated workforce needs and protect the economic
                    security of the United States.'';
                        (D) in paragraph (3), as redesignated, by striking
                    ``this subsection'' each place it appears and inserting
                    ``paragraph (1)''; and
                        (E) by amending paragraph (4), as redesignated, to
                    read as follows:
                ``(4) Maintenance of information.--
                        ``(A) Diversity immigrants.--The Secretary of State
                    shall maintain information on the age, occupation,
                    education level, and other relevant characteristics of
                    immigrants issued visas under paragraph (1).
                        ``(B) Immigrants with advanced degrees.--The
                    Secretary of State shall maintain information on the
                    age, degree (including field of study), occupation,
                    work experience, and other relevant characteristics of
                    immigrants issued visas under paragraph (2).''; and
                (2) in subsection (e)--
                        (A) in paragraph (2), by striking ``(c)'' and
                    inserting ``(c)(1)'';
                        (B) by redesignating paragraph (3) as paragraph
                    (4); and
                        (C) by inserting after paragraph (2) the following:
        ``(3) Immigrant visas made available under subsection (c)(2) shall
    be issued as follows:
                ``(A) If the Secretary of State has not made a
            determination under subsection (c)(2)(B), immigrant visas shall
            be issued in a strictly random order established by the
            Secretary for the fiscal year involved.
                ``(B) If the Secretary of State has made a determination
            under subsection (c)(2)(B) and the number of eligible qualified
            immigrants who have a degree selected under such subsection and
            apply for an immigrant visa described in subsection (c)(2) is
            greater than the worldwide level specified in section
            201(e)(2), the Secretary shall issue immigrant visas only to
            such immigrants and in a strictly random order established by
            the Secretary for the fiscal year involved.
                ``(C) If the Secretary of State has made a determination
            under subsection (c)(2)(B) and the number of eligible qualified
            immigrants who have degrees selected under such subsection and
            apply for an immigrant visa described in subsection (c)(2) is
            not greater than the worldwide level specified in section
            201(e)(2), the Secretary shall--
                        ``(i) issue immigrant visas to eligible qualified
                    immigrants with degrees selected in subsection
                    (c)(2)(B); and
                        ``(ii) issue any immigrant visas remaining
                    thereafter to other eligible qualified immigrants with
                    degrees described in subsection (c)(2)(A) in a strictly
                    random order established by the Secretary for the
                    fiscal year involved.''.
        (g) Effective Date.--The amendments made by subsections (e) and (f)
    shall take effect on October 1, 2007.

    SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.

        Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 505
    and 508, is further amended by adding at the end the following:
                ``(J) Aliens who are eligible for a visa under paragraph
            (1) or (3) of section 203(a) and are the children of a citizen
            of the United States who was naturalized pursuant to section
            405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).''.

    SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF
                  EXTRAORDINARY ARTISTIC ABILITY.

        Section 214(c) (8 U.S.C. 1184(c)) is amended--
                (1) by striking ``Attorney General'' each place it appears
            and inserting ``Secretary of Homeland Security''; and
                (2) in paragraph (6)(D)--
                        (A) by Striking ``Any person'' and inserting ``(i)
                    Except as provided in clause (ii), any person''; and
                        (B) adding at the end the following:
                ``(ii) The Secretary of Homeland Security shall adjudicate
            each petition for an alien with extraordinary ability in the
            arts (as described in section 101(a)(15)(O)(i)), an alien
            accompanying such an alien (as described in clauses (ii) and
            (iii) of section 101(a)(15)(O)), or an alien described in
            section 101(a)(15)(P) not later than 30 days after--
                        ``(I) the date on which the petitioner submits the
                    petition with a written advisory opinion, letter of no
                    objection, or request for a waiver; or
                        ``(II) the date on which the 15-day period
                    described in clause (i) has expired, if the petitioner
                    has had an opportunity, as appropriate, to supply
                    rebuttal evidence.
                ``(iii) If a petition described in clause (ii) is not
            adjudicated before the end of the 30-day period described in
            clause (ii) and the petitioner is a qualified nonprofit
            organization or an individual or entity petitioning primarily
            on behalf of a qualified nonprofit organization, the Secretary
            of Homeland Security shall provide the petitioner with the
            premium-processing services referred to in section 286(u),
            without a fee.''.

    SEC. 511. POWERLINE WORKERS.

        Section 214(e) (8 U.S.C. 1184(e)) is amended by adding at the end
    the following new paragraph:
                ``(7) A citizen of Canada who is a powerline worker, who
            has received significant training, and who seeks admission to
            the United States to perform powerline repair and maintenance
            services shall be admitted in the same manner and under the
            same authority as a citizen of Canada described in paragraph
            (2).''.

    SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN
                  REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.

        (a) In General.--Section 902(d) of the Haitian Refugee Immigration
    Fairness Act of 1998 (8 U.S.C. 1255 note) is amended by adding at the
    end the following:
                ``(3) Determinations with respect to children.--
                        ``(A) Use of application filing date.--
                    Determinations made under this subsection as to whether
                    an individual is a child of a parent shall be made
                    using the age and status of the individual on October
                    21, 1998.
                        ``(B) Application submission by parent.--
                    Notwithstanding paragraph (1)(C), an application under
                    this subsection filed based on status as a child may be
                    filed for the benefit of such child by a parent or
                    guardian of the child, if the child is physically
                    present in the United States on such filing date.''.
        (b) New Applications and Motions To Reopen.--
                (1) New applications.--Notwithstanding section 902(a)(1)(A)
            of the Haitian Refugee Immigration Fairness Act of 1998, an
            alien who is eligible for adjustment of status under such Act,
            as amended by subsection (a), may submit an application for
            adjustment of status under such Act not later than the later
            of--
                        (A) 2 years after the date of the enactment of this
                    Act; or
                        (B) 1 year after the date on which final
                    regulations implementing this section, and the
                    amendment made by subsection (a), are promulgated.
                (2) Motions to reopen.--The Secretary shall establish
            procedures for the reopening and reconsideration of
            applications for adjustment of status under the Haitian Refugee
            Immigration Fairness Act of 1998 that are affected by the
            amendment made by subsection (a).
                (3) Relationship of application to certain orders.--Section
            902(a)(3) of the Haitian Refugee Immigration Fairness Act of
            1998 shall apply to an alien present in the United States who
            has been ordered excluded, deported, removed, or ordered to
            depart voluntarily, and who files an application under
            paragraph (1) or a motion under paragraph (2), in the same
            manner as such section 902(a)(3) applied to aliens filing
            applications for adjustment of status under such Act prior to
            April 1, 2000.
        (c) Inadmissibility Determination.--Section 902 of the Haitian
    Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
    amended in subsections (a)(1)(B) and (d)(1)(D) by inserting
    ``(6)(C)(i),'' after ``(6)(A),''.

                          Subtitle B--SKIL Act of 2007

    SEC. 521. SHORT TITLE.

        This subtitle may be cited as the ``Securing Knowledge, Innovation,
    and Leadership Act of 2007'' or the ``SKIL Act of 2007''

    SEC. 522. H-1B VISA HOLDERS.

        (a) In General.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is
    amended--
                (1) in subparagraph (B)--
                        (A) by striking ``nonprofit research'' and
                    inserting ``nonprofit'';
                        (B) by inserting ``Federal, State, or local''
                    before ``governmental''; and
                        (C) by striking ``or'' at the end;
                (2) in subparagraph (C)--
                        (A) by striking ``a United States institution of
                    higher education (as defined in section 101(a) of the
                    Higher Education Act of 1965 (20 U.S.C. 1001(a))),''
                    and inserting ``an institution of higher education in a
                    foreign country,''; and
                        (B) by striking the period at the end and inserting
                    a semicolon;
                (3) by adding at the end, the following new subparagraphs:
                ``(D) has earned a master's or higher degree from a United
            States institution of higher education (as defined in section
            101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a)));
                ``(E) has been awarded medical specialty certification
            based on post-doctoral training and experience in the United
            States; or''.
        (b) Applicability.--The amendments made by subsection (a) shall
    apply to any petition or visa application pending on the date of
    enactment of this Act and any petition or visa application filed on or
    after such date.

    SEC. 523. MARKET-BASED VISA LIMITS.

        Section 214(g) (8 U.S.C. 1184(g)) is amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``(beginning with fiscal year 1992)''; and
                        (B) in subparagraph (A)--
                                (i) in clause (vi) by striking ``and'';
                                (ii) in clause (vii), by striking ``each
                            succeeding fiscal year; or'' and inserting
                            ``each of fiscal years 2004, 2005, 2006, and
                            2007;''; and
                                (iii) by adding after clause (vii) the
                            following:
                                ``(viii) 115,000 in the first fiscal year
                            beginning after the date of the enactment of
                            the SKIL Act of 2007; and
                                ``(ix) the number calculated under
                            paragraph (9) in each fiscal year after the
                            year described in clause (viii); or'';
                (2) in paragraph (8), by striking subparagraphs (B)(iv) and
            (D);
                (3) by redesignating paragraphs (9), (10), and (11) as
            paragraphs (10), (11), and (12), respectively; and
                (4) by inserting after paragraph (8) the following:
                ``(9) If the numerical limitation in paragraph (1)(A)--
                        ``(A) is reached during a given fiscal year, the
                    numerical limitation under paragraph (1)(A)(ix) for the
                    subsequent fiscal year shall be equal to 120 percent of
                    the numerical limitation of the given fiscal year; or
                        ``(B) is not reached during a given fiscal year,
                    the numerical limitation under paragraph (1)(A)(ix) for
                    the subsequent fiscal year shall be equal to the
                    numerical limitation of the given fiscal year.''.

    SEC. 524. UNITED STATES EDUCATED IMMIGRANTS.

        (a) In General.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended
    by adding at the end the following:
                        ``(F) Aliens who have earned a master's or higher
                    degree from an accredited United States university.
                        ``(G) Aliens who have been awarded medical
                    specialty certification based on post-doctoral training
                    and experience in the United States preceding their
                    application for an immigrant visa under section 203(b).
                        ``(H) Aliens who will perform labor in shortage
                    occupations designated by the Secretary of Labor for
                    blanket certification under section 212(a)(5)(A) as
                    lacking sufficient United States workers able, willing,
                    qualified, and available for such occupations and for
                    which the employment of aliens will not adversely
                    affect the terms and conditions of similarly employed
                    United States workers.
                        ``(I) Aliens who have earned a master's degree or
                    higher in science, technology, engineering, or math and
                    have been working in a related field in the United
                    States in a nonimmigrant status during the 3-year
                    period preceding their application for an immigrant
                    visa under section 203(b).
                        ``(J) Aliens described in subparagraph (A) or (B)
                    of section 203(b)(1) or who have received a national
                    interest waiver under section 203(b)(2)(B).
                        ``(K) The spouse and minor children of an alien who
                    is admitted as an employment-based immigrant under
                    section 203(b).''.
        (b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 U.S.C.
    1182(a)(5)(A)(ii)) is amended--
                (1) by striking ``or'' at the end of subclause (I);
                (2) by striking the period at the end of subclause (II) and
            inserting ``; or''; and
                (3) by adding at the end the following:
                                        ``(III) is a member of the
                                    professions and has a master's degree
                                    or higher from an accredited United
                                    States university or has been awarded
                                    medical specialty certification based
                                    on post-doctoral training and
                                    experience in the United States.''.

    SEC. 525. STUDENT VISA REFORM.

        (a) In General.--
                (1) Nonimmigrant classification.--Section 101(a)(15)(F) (8
            U.S.C. 1101(a)(15)(F)) is amended to read as follows:
                ``(F) an alien--
                        ``(i) who--
                                ``(I) is a bona fide student qualified to
                            pursue a full course of study in mathematics,
                            engineering, technology, or the sciences
                            leading to a bachelors or graduate degree and
                            who seeks to enter the United States for the
                            purpose of pursuing such a course of study
                            consistent with section 214(m) at an
                            institution of higher education (as defined by
                            section 101(a) of the Higher Education Act of
                            1965 (20 U.S.C. 1001(a))) in the United States,
                            particularly designated by the alien and
                            approved by the Secretary of Homeland Security,
                            after consultation with the Secretary of
                            Education, which institution or place of study
                            shall have agreed to report to the Secretary
                            the termination of attendance of each
                            nonimmigrant student, and if any such
                            institution of learning or place of study fails
                            to make reports promptly the approval shall be
                            withdrawn; or
                                ``(II) is engaged in temporary employment
                            for optional practical training related to such
                            alien's area of study following completion of
                            the course of study described in subclause (I)
                            for a period or periods of not more than 24
                            months;
                        ``(ii) who--
                                ``(I) has a residence in a foreign country
                            which the alien has no intention of abandoning,
                            who is a bona fide student qualified to pursue
                            a full course of study, and who seeks to enter
                            the United States temporarily and solely for
                            the purpose of pursuing such a course of study
                            consistent with section 214(m) at an
                            established college, university, seminary,
                            conservatory, academic high school, elementary
                            school, or other academic institution or in a
                            language training program in the United States,
                            particularly designated by the alien and
                            approved by the Secretary of Homeland Security,
                            after consultation with the Secretary of
                            Education, which institution or place of study
                            shall have agreed to report to the Secretary
                            the termination of attendance of each
                            nonimmigrant student, and if any such
                            institution of learning or place of study fails
                            to make reports promptly the approval shall be
                            withdrawn; or
                                ``(II) is engaged in temporary employment
                            for optional practical training related to such
                            alien's area of study following completion of
                            the course of study described in subclause (I)
                            for a period or periods of not more than 24
                            months;
                        ``(iii) who is the spouse or minor child of an
                    alien described in clause (i) or (ii) if accompanying
                    or following to join such an alien; or
                        ``(iv) who--
                                ``(I) is a national of Canada or Mexico,
                            who maintains actual residence and place of
                            abode in the country of nationality, who is
                            described in clause (i) or (ii) except that the
                            alien's qualifications for and actual course of
                            study may be full or part-time, and who
                            commutes to the United States institution or
                            place of study from Canada or Mexico; or
                                ``(II) is engaged in temporary employment
                            for optional practical training related to such
                            the student's area of study following
                            completion of the course of study described in
                            subclause (I) for a period or periods of not
                            more than 24 months;''.
                (2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is
            amended by inserting ``(F)(i),'' before ``(L) or (V)''.
                (3) Conforming amendment.--Section 214(m)(1) (8 U.S.C.
            1184(m)(1)) is amended, in the matter preceding subparagraph
            (A), by striking ``(i) or (iii)'' and inserting ``(i), (ii), or
            (iv)''.
        (b) Off Campus Work Authorization for Foreign Students.--
                (1) In general.--Aliens admitted as nonimmigrant students
            described in section 101(a)(15)(F), as amended by subsection
            (a), (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus
            position unrelated to the alien's field of study if--
                        (A) the alien has enrolled full-time at the
                    educational institution and is maintaining good
                    academic standing;
                        (B) the employer provides the educational
                    institution and the Secretary of Labor with an
                    attestation that the employer--
                                (i) has spent at least 21 days recruiting
                            United States citizens to fill the position;
                            and
                                (ii) will pay the alien and other similarly
                            situated workers at a rate equal to not less
                            than the greater of--
                                        (I) the actual wage level for the
                                    occupation at the place of employment;
                                    or
                                        (II) the prevailing wage level for
                                    the occupation in the area of
                                    employment; and
                        (C) the alien will not be employed more than--
                                (i) 20 hours per week during the academic
                            term; or
                                (ii) 40 hours per week during vacation
                            periods and between academic terms.
                (2) Disqualification.--If the Secretary of Labor determines
            that an employer has provided an attestation under paragraph
            (1)(B) that is materially false or has failed to pay wages in
            accordance with the attestation, the employer, after notice and
            opportunity for a hearing, shall be disqualified from employing
            an alien student under paragraph (1).

    SEC. 526. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the
    end the following:
        ``(G) The limitations contained in subparagraph (D) with respect to
    the duration of authorized stay shall not apply to any nonimmigrant
    alien previously issued a visa or otherwise provided nonimmigrant
    status under section 101(a)(15)(L) on whose behalf a petition under
    section 204(b) to accord the alien immigrant status under section
    203(b), or an application for labor certification (if such
    certification is required for the alien to obtain status under such
    section 203(b)) has been filed, if 365 days or more have elapsed since
    such filing. The Secretary of Homeland Security shall extend the stay
    of an alien who qualifies for an exemption under this subparagraph
    until such time as a final decision is made on the alien's lawful
    permanent residence.''.

    SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

        (a) Adjustment of Status.--
                (1) In general.--Section 245(a) (8 U.S.C. 1255(a)) is
            amended to read as follows:
        ``(a) Eligibility.--
                ``(1) In general.--The status of an alien who was inspected
            and admitted or paroled into the United States or the status of
            any other alien having an approved petition for classification
            under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
            section 204(a)(1) may be adjusted by the Secretary of Homeland
            Security or the Attorney General, in the discretion of the
            Secretary or the Attorney General under such regulations as the
            Secretary or Attorney General may prescribe, to that of an
            alien lawfully admitted for permanent residence if--
                        ``(A) the alien makes an application for such
                    adjustment;
                        ``(B) the alien is eligible to receive an immigrant
                    visa and is admissible to the United States for
                    permanent residence; and
                        ``(C) an immigrant visa is immediately available to
                    the alien at the time the application is filed.
                ``(2) Supplemental fee.--An application under paragraph (1)
            that is based on a petition approved or approvable under
            subparagraph (E) or (F) of section 204(a)(1) may be filed
            without regard to the limitation set forth in paragraph (1)(C)
            if a supplemental fee of $500 is paid by the principal alien at
            the time the application is filed. A supplemental fee may not
            be required for any dependent alien accompanying or following
            to join the principal alien.
                ``(3) Visa availability.--An application for adjustment
            filed under this paragraph may not be approved until such time
            as an immigrant visa become available.''.
        (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is
    amended by inserting before the period at the end ``and the fees
    collected under section 245(a)(2).''.

    SEC. 528. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED
                  EMPLOYERS.

        Section 214(c) (8. U.S.C. 1184) is amended by adding at the end the
    following:
        ``(1) Not later than 180 days after the date of the enactment of
    the SKIL Act of 2007, the Secretary of Homeland Security shall
    establish a pre-certification procedure for employers who file multiple
    petitions described in this subsection or section 203(b). Such
    precertification procedure shall enable an employer to avoid repeatedly
    submitting documentation that is common to multiple petitions and
    establish through a single filing criteria relating to the employer and
    the offered employment opportunity.''.

    SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
                  PETITIONS.

        (a) In General.--Pursuant to section 286(u) of the Immigration and
    Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security
    shall establish and collect a fee for premium processing of employment-
    based immigrant petitions.
        (b) Appeals.--Pursuant to such section 286(u), the Secretary of
    Homeland Security shall establish and collect a fee for premium
    processing of an administrative appeal of any decision on a permanent
    employment-based immigrant petition.

    SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

        (a) Prevailing Wage Rate.--
                (1) Requirement to provide.--The Secretary of Labor shall
            provide prevailing wage determinations to employers seeking a
            labor certification for aliens pursuant to part 656 of title
            20, Code of Federal Regulation (or any successor regulation).
            The Secretary of Labor may not delegate this function to any
            agency of a State.
                (2) Schedule for determination.--Except as provided in
            paragraph (3), the Secretary of Labor shall provide a response
            to an employer's request for a prevailing wage determination in
            no more than 20 calendar days from the date of receipt of such
            request. If the Secretary of Labor fails to reply during such
            20-day period, then the wage proposed by the employer shall be
            the valid prevailing wage rate.
                (3) Use of surveys.--The Secretary of Labor shall accept an
            alternative wage survey provided by the employer unless the
            Secretary of Labor determines that the wage component of the
            Occupational Employment Statistics Survey is more accurate for
            the occupation in the labor market area.
        (b) Placement of Job Order.--The Secretary of Labor shall maintain
    a website with links to the official website of each workforce agency
    of a State, and such official website shall contain instructions on the
    filing of a job order in order to satisfy the job order requirements of
    section 656.17(e)(1) of title 20, Code of Federal Regulation (or any
    successor regulation).
        (c) Technical Corrections.--The Secretary of Labor shall establish
    a process by which employers seeking certification under section
    212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)),
    as amended by section 524(b), may make technical corrections to
    applications in order to avoid requiring employers to conduct
    additional recruitment to correct an initial technical error. A
    technical error shall include any error that would not have a material
    effect on the validity of the employer's recruitment of able, willing,
    and qualified United States workers.
        (d) Administrative Appeals.--Motions to reconsider, and
    administrative appeals of, a denial of a permanent labor certification
    application, shall be decided by the Secretary of Labor not later than
    60 days after the date of the filing of such motion or such appeal.
        (e) Applications Under Previous System.--Not later than 180 days
    after the date of the enactment of this Act, the Secretary of Labor
    shall process and issue decisions on all applications for permanent
    alien labor certification that were filed prior to March 28, 2005.
        (f) Effective Date.--The provisions of this section shall take
    effect 90 days after the date of enactment of this Act, whether or not
    the Secretary of Labor has amended the regulations at part 656 of title
    20, Code of Federal Regulation to implement such changes.

    SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

        Section 103 (8 U.S.C. 1103) is amended by adding at the end the
    following:
        ``(i) Requirement for Background Checks.--Notwithstanding any other
    provision of law, until appropriate background and security checks, as
    determined by the Secretary of Homeland Security, have been completed,
    and the information provided to and assessed by the official with
    jurisdiction to grant or issue the benefit or documentation, on an in
    camera basis as may be necessary with respect to classified, law
    enforcement, or other information that cannot be disclosed publicly,
    the Secretary of Homeland Security, the Attorney General, or any court
    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.
        ``(j) Requirement To Resolve Fraud Allegations.--Notwithstanding
    any other provision of law, 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 Act has been investigated and resolved, the
    Secretary of Homeland Security and the Attorney General may not be
    required to--
                ``(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.
        ``(k) Prohibition of Judicial Enforcement.--Notwithstanding any
    other provision of law, no court may require any act described in
    subsection (i) or (j) to be completed by a certain time or award any
    relief for the failure to complete such acts.''.

    SEC. 532. VISA REVALIDATION.

        (a) In General.--Section 222 (8 U.S.C. 1202) is amended by adding
    at the end the following:
        ``(i) The Secretary of State shall permit an alien granted a
    nonimmigrant visa under subparagraph E, H, I, L, O, or P of section
    101(a)(15) to apply for a renewal of such visa within the United States
    if--
                ``(1) such visa expired during the 12-month period ending
            on the date of such application;
                ``(2) the alien is seeking a nonimmigrant visa under the
            same subparagraph under which the alien had previously received
            a visa; and
                ``(3) the alien has complied with the immigration laws and
            regulations of the United States.''.
        (b) Conforming Amendment.--Section 222(h) of such Act is amended,
    in the matter preceding subparagraph (1), by inserting ``and except as
    provided under subsection (i),'' after ``Act''.

    Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina
                                    Victims

    SEC. 541. SHORT TITLE.

        This subtitle may be cited as the ``Hurricane Katrina Victims
    Immigration Benefits Preservation Act''.

    SEC. 542. DEFINITIONS.

        In this subtitle:
                (1) Application of definitions from the immigration and
            nationality act.--Except as otherwise specifically provided in
            this subtitle, the definitions in the Immigration and
            Nationality Act shall apply in the administration of this
            subtitle.
                (2) Direct result of a specified hurricane disaster.--The
            term ``direct result of a specified hurricane disaster''--
                        (A) means physical damage, disruption of
                    communications or transportation, forced or voluntary
                    evacuation, business closures, or other circumstances
                    directly caused by Hurricane Katrina (on or after
                    August 26, 2005) or Hurricane Rita (on or after
                    September 21, 2005); and
                        (B) does not include collateral or consequential
                    economic effects in or on the United States or global
                    economies.

    SEC. 543. SPECIAL IMMIGRANT STATUS.

        (a) Provision of Status.--
                (1) In general.--For purposes of the Immigration and
            Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may
            provide an alien described in subsection (b) with the status of
            a special immigrant under section 101(a)(27) of such Act (8
            U.S.C. 1101(a)(27)), if the alien--
                        (A) files with the Secretary a petition under
                    section 204 of such Act (8 U.S.C. 1154) for
                    classification under section 203(b)(4) of such Act (8
                    U.S.C. 1153(b)(4));
                        (B) is otherwise eligible to receive an immigrant
                    visa; and
                        (C) is otherwise admissible to the United States
                    for permanent residence.
                (2) Inapplicable provision.--In determining admissibility
            under paragraph (1)(C), the grounds for inadmissibility
            specified in section 212(a)(4) of such Act (8 U.S.C.
            1182(a)(4)) shall not apply.
        (b) Aliens Described.--
                (1) Principal aliens.--An alien is described in this
            subsection if--
                        (A) the alien was the beneficiary of--
                                (i) a petition that was filed with the
                            Secretary on or before August 26, 2005--
                                        (I) under section 204 of the
                                    Immigration and Nationality Act (8
                                    U.S.C. 1154) to classify the alien as a
                                    family-sponsored immigrant under
                                    section 203(a) of such Act (8 U.S.C.
                                    1153(a)) or as an employment-based
                                    immigrant under section 203(b) of such
                                    Act (8 U.S.C. 1153(b)); or
                                        (II) under section 214(d) of such
                                    Act (8 U.S.C. 1184(d)) to authorize the
                                    issuance of a nonimmigrant visa to the
                                    alien under section 101(a)(15)(K) of
                                    such Act (8 U.S.C. 1101(a)(15)(K)); or
                                (ii) an application for labor certification
                            under section 212(a)(5)(A) of such Act (8
                            U.S.C. 1182(a)(5)(A)) that was filed under
                            regulations of the Secretary of Labor on or
                            before such date; and
                        (B) such petition or application was revoked or
                    terminated (or otherwise rendered null), before or
                    after its approval, solely due to--
                                (i) the death or disability of the
                            petitioner, applicant, or alien beneficiary as
                            a direct result of a specified hurricane
                            disaster; or
                                (ii) loss of employment as a direct result
                            of a specified hurricane disaster.
                (2) Spouses and children.--
                        (A) In general.--An alien is described in this
                    subsection if--
                                (i) the alien, as of August 26, 2005, was
                            the spouse or child of a principal alien
                            described in paragraph (1); and
                                (ii) the alien--
                                        (I) is accompanying such principal
                                    alien; or
                                        (II) is following to join such
                                    principal alien not later than August
                                    26, 2007.
                        (B) Construction.--In construing the terms
                    ``accompanying'' and ``following to join'' in
                    subparagraph (A)(ii), the death of a principal alien
                    described in paragraph (1)(B)(i) shall be disregarded.
                (3) Grandparents or legal guardians of orphans.--An alien
            is described in this subsection if the alien is a grandparent
            or legal guardian of a child whose parents died as a direct
            result of a specified hurricane disaster, if either of the
            deceased parents was, as of August 26, 2005, a citizen or
            national of the United States or an alien lawfully admitted for
            permanent residence in the United States.
        (c) Priority Date.--Immigrant visas made available under this
    section shall be issued to aliens in the order in which a petition on
    behalf of each such alien is filed with the Secretary under subsection
    (a)(1), except that if an alien was assigned a priority date with
    respect to a petition described in subsection (b)(1)(A)(i), the alien
    may maintain that priority date.
        (d) Numerical Limitations.--In applying sections 201 through 203 of
    the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal
    year, aliens eligible to be provided status under this section shall be
    treated as special immigrants who are not described in subparagraph
    (A), (B), (C), or (K) of section 101(a)(27) of such Act (8 U.S.C.
    1101(a)(27)).

    SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.

        (a) Automatic Extension of Nonimmigrant Status.--
                (1) In general.--Notwithstanding section 214 of the
            Immigration and Nationality Act (8 U.S.C. 1184), an alien
            described in paragraph (2) who was lawfully present in the
            United States as a nonimmigrant on August 26, 2005, may, unless
            otherwise determined by the Secretary in the Secretary's
            discretion, lawfully remain in the United States in the same
            nonimmigrant status until the later of--
                        (A) the date on which such lawful nonimmigrant
                    status would have otherwise terminated absent the
                    enactment of this subsection; or
                        (B) 1 year after the death or onset of disability
                    described in paragraph (2).
                (2) Aliens described.--
                        (A) Principal aliens.--An alien is described in
                    this paragraph if the alien was disabled as a direct
                    result of a specified hurricane disaster.
                        (B) Spouses and children.--An alien is described in
                    this paragraph if the alien, as of August 26, 2005, was
                    the spouse or child of--
                                (i) a principal alien described in
                            subparagraph (A); or
                                (ii) an alien who died as a direct result
                            of a specified hurricane disaster.
                (3) Authorized employment.--During the period in which a
            principal alien or alien spouse is in lawful nonimmigrant
            status under paragraph (1), the alien may be provided an
            ``employment authorized'' endorsement or other appropriate
            document signifying authorization of employment.
        (b) New Deadlines for Extension or Change of Nonimmigrant Status.--
                (1) Filing delays.--
                        (A) In general.--If an alien, who was lawfully
                    present in the United States as a nonimmigrant on
                    August 26, 2005, was prevented from filing a timely
                    application for an extension or change of nonimmigrant
                    status as a direct result of a specified hurricane
                    disaster, the alien's application may be considered
                    timely filed if it is filed not later 1 year after the
                    application would have otherwise been due.
                        (B) Circumstances preventing timely action.--For
                    purposes of subparagraph (A), circumstances preventing
                    an alien from timely acting are--
                                (i) office closures;
                                (ii) mail or courier service cessations or
                            delays;
                                (iii) other closures, cessations, or delays
                            affecting case processing or travel necessary
                            to satisfy legal requirements;
                                (iv) mandatory evacuation and relocation;
                            or
                                (v) other circumstances, including medical
                            problems or financial hardship.
                (2) Departure delays.--
                        (A) In general.--If an alien, who was lawfully
                    present in the United States as a nonimmigrant on
                    August 26, 2005, is unable to timely depart the United
                    States as a direct result of a specified hurricane
                    disaster, the alien shall not be considered to have
                    been unlawfully present in the United States during the
                    period beginning on August 26, 2005, and ending on the
                    date of the alien's departure, if such departure
                    occurred on or before February 28, 2006.
                        (B) Circumstances preventing timely action.--For
                    purposes of subparagraph (A), circumstances preventing
                    an alien from timely acting are--
                                (i) office closures;
                                (ii) transportation cessations or delays;
                                (iii) other closures, cessations, or delays
                            affecting case processing or travel necessary
                            to satisfy legal requirements;
                                (iv) mandatory evacuation and relocation;
                            or
                                (v) other circumstances, including medical
                            problems or financial hardship.
        (c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8 U.S.C.
    1154(a)(1)(I)(ii)(II)), is amended to read as follows:
        ``(II) An immigrant visa made available under subsection 203(c) for
    fiscal year 1998, or for a subsequent fiscal year, may be issued, or
    adjustment of status under section 245(a) based upon the availability
    of such visa may be granted, to an eligible qualified alien who has
    properly applied for such visa or adjustment in the fiscal year for
    which the alien was selected notwithstanding the end of such fiscal
    year. Such visa or adjustment of status shall be counted against the
    worldwide level set forth in subsection 201(e) for the fiscal year for
    which the alien was selected.''.
        (d) Extension of Filing Period.--If an alien is unable to timely
    file an application to register or reregister for Temporary Protected
    Status under section 244 of the Immigration and Nationality Act (8
    U.S.C. 1254a) as a direct result of a specified hurricane disaster, the
    alien's application may be considered timely filed if it is filed not
    later than 90 days after it otherwise would have been due.
        (e) Voluntary Departure.--
                (1) In general.--Notwithstanding section 240B of the
            Immigration and Nationality Act (8 U.S.C. 1229c), if a period
            for voluntary departure under such section expired during the
            period beginning on August 26, 2005, and ending on December 31,
            2005, and the alien was unable to voluntarily depart before the
            expiration date as a direct result of a specified hurricane
            disaster, such voluntary departure period is deemed extended
            for an additional 60 days.
                (2) Circumstances preventing departure.--For purposes of
            this subsection, circumstances preventing an alien from
            voluntarily departing the United States are--
                        (A) office closures;
                        (B) transportation cessations or delays;
                        (C) other closures, cessations, or delays affecting
                    case processing or travel necessary to satisfy legal
                    requirements;
                        (D) mandatory evacuation and removal; and
                        (E) other circumstances, including medical problems
                    or financial hardship.
        (f) Current Nonimmigrant Visa Holders.--
                (1) In general.--An alien, who was lawfully present in the
            United States on August 26, 2005, as a nonimmigrant under
            section 101(a)(15)(H) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)) and lost employment as a direct result
            of a specified hurricane disaster may accept new employment
            upon the filing by a prospective employer of a new petition on
            behalf of such nonimmigrant not later than August 26, 2006.
                (2) Continuation of employment authorization.--Employment
            authorization shall continue for such alien until the new
            petition is adjudicated. If the new petition is denied, such
            employment shall cease.
                (3) Savings provision.--Nothing in this subsection shall be
            construed to limit eligibility for portability under section
            214(n) of the Immigration and Nationality Act (8 U.S.C.
            1184(n)).

    SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND
                  CHILDREN.

        (a) Treatment as Immediate Relatives.--
                (1) Spouses.--Notwithstanding the second sentence of
            section 201(b)(2)(A)(i) of the Immigration and Nationality Act
            (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was
            the spouse of a citizen of the United States at the time of the
            citizen's death and was not legally separated from the citizen
            at the time of the citizen's death, if the citizen died as a
            direct result of a specified hurricane disaster, the alien (and
            each child of the alien) may be considered, for purposes of
            section 201(b) of such Act, to remain an immediate relative
            after the date of the citizen's death if the alien files a
            petition under section 204(a)(1)(A)(ii) of such Act not later
            than 2 years after such date and only until the date on which
            the alien remarries. For purposes of such section
            204(a)(1)(A)(ii), an alien granted relief under this paragraph
            shall be considered an alien spouse described in the second
            sentence of section 201(b)(2)(A)(i) of such Act.
                (2) Children.--
                        (A) In general.--In the case of an alien who was
                    the child of a citizen of the United States at the time
                    of the citizen's death, if the citizen died as a direct
                    result of a specified hurricane disaster, the alien may
                    be considered, for purposes of section 201(b) of the
                    Immigration and Nationality Act (8 U.S.C. 1151(b)), to
                    remain an immediate relative after the date of the
                    citizen's death (regardless of subsequent changes in
                    age or marital status), but only if the alien files a
                    petition under subparagraph (B) not later than 2 years
                    after such date.
                        (B) Petitions.--An alien described in subparagraph
                    (A) may file a petition with the Secretary for
                    classification of the alien under section
                    201(b)(2)(A)(i) of the Immigration and Nationality Act
                    (8 U.S.C. 1151(b)(2)(A)(i)), which shall be considered
                    a petition filed under section 204(a)(1)(A) of such Act
                    (8 U.S.C. 1154(a)(1)(A)).
        (b) Spouses, Children, Unmarried Sons and Daughters of Lawful
    Permanent Resident Aliens.--
                (1) In general.--Any spouse, child, or unmarried son or
            daughter of an alien described in paragraph (3) who is included
            in a petition for classification as a family-sponsored
            immigrant under section 203(a)(2) of the Immigration and
            Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such
            alien before August 26, 2005, may be considered (if the spouse,
            child, son, or daughter has not been admitted or approved for
            lawful permanent residence by such date) a valid petitioner for
            preference status under such section with the same priority
            date as that assigned before the death described in paragraph
            (3)(A). No new petition shall be required to be filed. Such
            spouse, child, son, or daughter may be eligible for deferred
            action and work authorization.
                (2) Self-petitions.--Any spouse, child, or unmarried son or
            daughter of an alien described in paragraph (3) who is not a
            beneficiary of a petition for classification as a family-
            sponsored immigrant under section 203(a)(2) of the Immigration
            and Nationality Act may file a petition for such classification
            with the Secretary, if the spouse, child, son, or daughter was
            present in the United States on August 26, 2005. Such spouse,
            child, son, or daughter may be eligible for deferred action and
            work authorization.
                (3) Aliens described.--An alien is described in this
            paragraph if the alien--
                        (A) died as a direct result of a specified
                    hurricane disaster; and
                        (B) on the day of such death, was lawfully admitted
                    for permanent residence in the United States.
        (c) Applications for Adjustment of Status by Surviving Spouses and
    Children of Employment-Based Immigrants.--
                (1) In general.--Any alien who was, on August 26, 2005, the
            spouse or child of an alien described in paragraph (2), and who
            applied for adjustment of status before the death described in
            paragraph (2)(A), may have such application adjudicated as if
            such death had not occurred.
                (2) Aliens described.--An alien is described in this
            paragraph if the alien--
                        (A) died as a direct result of a specified
                    hurricane disaster; and
                        (B) on the day before such death, was--
                                (i) an alien lawfully admitted for
                            permanent residence in the United States by
                            reason of having been allotted a visa under
                            section 203(b) of the Immigration and
                            Nationality Act (8 U.S.C. 1153(b)); or
                                (ii) an applicant for adjustment of status
                            to that of an alien described in clause (i),
                            and admissible to the United States for
                            permanent residence.
        (d) Applications by Surviving Spouses and Children of Refugees and
    Asylees.--
                (1) In general.--Any alien who, on August 26, 2005, was the
            spouse or child of an alien described in paragraph (2), may
            have his or her eligibility to be admitted under section
            207(c)(2)(A) or 208(b)(3)(A) of the Immigration and Nationality
            Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) considered as if
            the alien's death had not occurred.
                (2) Aliens described.--An alien is described in this
            paragraph if the alien--
                        (A) died as a direct result of a specified
                    hurricane disaster; and
                        (B) on the day before such death, was--
                                (i) an alien admitted as a refugee under
                            section 207 of the Immigration and Nationality
                            Act (8 U.S.C. 1157); or
                                (ii) granted asylum under section 208 of
                            such Act (8 U.S.C. 1158).
        (e) Waiver of Public Charge Grounds.--In determining the
    admissibility of any alien accorded an immigration benefit under this
    section, the grounds for inadmissibility specified in section 212(a)(4)
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not
    apply.

    SEC. 546. RECIPIENT OF PUBLIC BENEFITS.

        An alien shall not be inadmissible under section 212(a)(4) of the
    Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) or deportable
    under section 237(a)(5) of such Act (8 U.S.C. 1227(a)(5)) on the basis
    that the alien received any public benefit as a direct result of a
    specified hurricane disaster.

    SEC. 547. AGE-OUT PROTECTION.

        In administering the immigration laws, the Secretary and the
    Attorney General may grant any application or benefit notwithstanding
    the applicant or beneficiary (including a derivative beneficiary of the
    applicant or beneficiary) reaching an age that would render the alien
    ineligible for the benefit sought, if the alien's failure to meet the
    age requirement occurred as a direct result of a specified hurricane
    disaster.

    SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION.

        (a) In General.--The Secretary may suspend or modify any
    requirement under section 274A(b) of the Immigration and Nationality
    Act (8 U.S.C. 1324a(b)) or subtitle A of title IV of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
    1324a note), either generally or with respect to particular persons,
    class of persons, geographic areas, or economic sectors, to the extent
    to which the Secretary determines necessary or appropriate to respond
    to national emergencies or disasters.
        (b) Notification.--If the Secretary suspends or modifies any
    requirement under section 274A(b) of the Immigration and Nationality
    Act pursuant to subsection (a), the Secretary shall send notice of such
    decision, including the reasons for the suspension or modification,
    to--
                (1) the Committee on the Judiciary of the Senate; and
                (2) the Committee of the Judiciary of the House of
            Representatives.
        (c) Sunset Date.--The authority under subsection (a) shall expire
    on August 26, 2008.

    SEC. 549. NATURALIZATION.

        The Secretary may, with respect to applicants for naturalization in
    any district of the United States Citizenship and Immigration Services
    affected by a specified hurricane disaster, administer the provisions
    of Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et
    seq.) notwithstanding any provision of such title relating to the
    jurisdiction of an eligible court to administer the oath of allegiance,
    or requiring residence to be maintained or any action to be taken in
    any specific district or State within the United States.

    SEC. 550. DISCRETIONARY AUTHORITY.

        The Secretary or the Attorney General may waive violations of the
    immigration laws committed, on or before March 1, 2006, by an alien--
                (1) who was in lawful status on August 26, 2005; and
                (2) whose failure to comply with the immigration laws was a
            direct result of a specified hurricane disaster.

    SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS.

        The Secretary shall establish appropriate evidentiary standards for
    demonstrating, for purposes of this subtitle, that a specified
    hurricane disaster directly resulted in--
                (1) death;
                (2) disability; or
                (3) loss of employment due to physical damage to, or
            destruction of, a business.

    SEC. 552. IDENTIFICATION DOCUMENTS.

        (a) Temporary Identification.--The Secretary shall have the
    authority to instruct any Federal agency to issue temporary
    identification documents to individuals affected by a specified
    hurricane disaster. Such documents shall be acceptable for purposes of
    identification under any Federal law or regulation until August 26,
    2007.
        (b) Issuance.--An agency may not issue identity documents under
    this section after January 1, 2007.
        (c) No Compulsion To Accept or Carry Identification Documents.--
    Nationals of the United States shall not be compelled to accept or
    carry documents issued under this section.
        (d) No Proof of Citizenship.--Identity documents issued under this
    section shall not constitute proof of citizenship or immigration
    status.

    SEC. 553. WAIVER OF REGULATIONS.

        The Secretary shall carry out the provisions of this subtitle as
    expeditiously as possible. The Secretary is not required to promulgate
    regulations before implementing this subtitle. The requirements of
    chapter 5 of title 5, United States Code (commonly referred to as the
    ``Administrative Procedure Act'') or any other law relating to rule
    making, information collection, or publication in the Federal Register,
    shall not apply to any action to implement this subtitle to the extent
    the Secretary of Homeland Security, the Secretary of Labor, or the
    Secretary of State determine that compliance with such requirement
    would impede the expeditious implementation of such Act.

    SEC. 554. NOTICES OF CHANGE OF ADDRESS.

        (a) In General.--If a notice of change of address otherwise
    required to be submitted to the Secretary by an alien described in
    subsection (b) relates to a change of address occurring during the
    period beginning on August 26, 2005, and ending on the date of the
    enactment of this Act, the alien may submit such notice.
        (b) Aliens Described.--An alien is described in this subsection if
    the alien--
                (1) resided, on August 26, 2005, within a district of the
            United States that was declared by the President to be affected
            by a specified hurricane disaster; and
                (2) is required, under section 265 of the Immigration and
            Nationality Act (8 U.S.C. 1305) or any other provision of law,
            to notify the Secretary in writing of a change of address.

    SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

        (a) In General.--The nonimmigrant status of an alien described in
    subsection (b) shall be deemed to have been maintained during the
    period beginning on August 26, 2005, and ending on September 15, 2006,
    if, on September 15, 2006, the alien is enrolled in a course of study,
    or participating in a designated exchange visitor program, sufficient
    to satisfy the terms and conditions of the alien's nonimmigrant status
    on August 26, 2005.
        (b) Aliens Described.--An alien is described in this subsection if
    the alien--
                (1) was, on August 26, 2005, lawfully present in the United
            States in the status of a nonimmigrant described in
            subparagraph (F), (J), or (M) of section 101(a)(15) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
                (2) fails to satisfy a term or condition of such status as
            a direct result of a specified hurricane disaster.

         TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED
                                  INDIVIDUALS

      Subtitle A--Access to Earned Adjustment and Mandatory Departure and
                                    Reentry

    SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND
                  REENTRY.

        (a) Short Title.--This section may be cited as the ``Immigrant
    Accountability Act of 2007''.
        (b) Adjustment of Status.--
                (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et
            seq.) is amended by inserting after section 245A the following:

    ``SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

        ``(a) Adjustment of Status.--
                ``(1) Principal aliens.--Notwithstanding any other
            provision of law, including section 244(h) of this Act, the
            Secretary of Homeland Security shall adjust to the status of an
            alien lawfully admitted for permanent residence, an alien who
            satisfies the following requirements:
                        ``(A) Application.--The alien shall file an
                    application establishing eligibility for adjustment of
                    status and pay the fine required under subsection (m)
                    and any additional amounts owed under that subsection.
                        ``(B) Continuous physical presence.--
                                ``(i) In general.--The alien shall
                            establish that the alien--
                                        ``(I) was physically present in the
                                    United States on or before the date
                                    that is 5 years before April 5, 2006;
                                        ``(II) was not legally present in
                                    the United States on April 5, 2006,
                                    under any classification set forth in
                                    section 101(a)(15); and
                                        ``(III) did not depart from the
                                    United States during the 5-year period
                                    ending on April 5, 2006, except for
                                    brief, casual, and innocent departures.
                                ``(ii) Legally present.--For purposes of
                            this subparagraph, an alien who has violated
                            any conditions of his or her visa shall be
                            considered not to be legally present in the
                            United States.
                        ``(C) Admissible under immigration laws.--The alien
                    shall establish that the alien is not inadmissible
                    under section 212(a) except for any provision of that
                    section that is waived under subsection (b) of this
                    section.
                        ``(D) Employment in united states.--
                                ``(i) In general.--The alien shall have
                            been employed in the United States, in the
                            aggregate, for--
                                        ``(I) at least 3 years during the
                                    5-year period ending on April 5, 2006;
                                    and
                                        ``(II) at least 6 years after the
                                    date of enactment of the Immigrant
                                    Accountability Act of 2007.
                                ``(ii) Exceptions.--
                                        ``(I) The employment requirement in
                                    clause (i)(I) shall not apply to an
                                    individual who is under 20 years of age
                                    on the date of enactment of the
                                    Immigrant Accountability Act of 2007.
                                        ``(II) The employment requirement
                                    in clause (i)(II) shall be reduced for
                                    an individual who cannot demonstrate
                                    employment based on a physical or
                                    mental disability or as a result of
                                    pregnancy.
                                        ``(III) The employment requirement
                                    in clause (i)(II) shall be reduced for
                                    an individual who is under 20 years of
                                    age on the date of enactment of the
                                    Immigrant Accountability Act of 2007 by
                                    a period of time equal to the time
                                    period beginning on such date of
                                    enactment and ending on the date on
                                    which the individual reaches 20 years
                                    of age.
                                        ``(IV) The employment requirements
                                    in clause (i) shall be reduced by 1
                                    year for each year of full time post-
                                    secondary study in the United States
                                    during the relevant period.
                                        ``(V) The employment requirement
                                    under clause (i)(I) shall not apply to
                                    any individual who is 65 years of age
                                    or older on the date of the enactment
                                    of the Immigrant Accountability Act of
                                    2007.
                                ``(iii) Portability.--An alien shall not be
                            required to complete the employment
                            requirements in clause (i) with the same
                            employer.
                                ``(iv) Evidence of employment.--
                                        ``(I) Conclusive documents.--For
                                    purposes of satisfying the requirements
                                    in clause (i), the alien shall submit
                                    at least 2 of the following documents
                                    for each period of employment, which
                                    shall be considered conclusive evidence
                                    of such employment:
                                                ``(aa) Records maintained
                                            by the Social Security
                                            Administration.
                                                ``(bb) Records maintained
                                            by an employer, such as pay
                                            stubs, time sheets, or
                                            employment work verification.
                                                ``(cc) Records maintained
                                            by the Internal Revenue
                                            Service.
                                                ``(dd) Records maintained
                                            by a union or day labor center.
                                                ``(ee) Records maintained
                                            by any other government agency,
                                            such as worker compensation
                                            records, disability records, or
                                            business licensing records.
                                        ``(II) Other documents.--An alien
                                    who is unable to submit a document
                                    described in subclause (I) may satisfy
                                    the requirement in clause (i) by
                                    submitting to the Secretary at least 2
                                    other types of reliable documents that
                                    provide evidence of employment for each
                                    required period of employment,
                                    including--
                                                ``(aa) bank records;
                                                ``(bb) business records;
                                                ``(cc) sworn affidavits
                                            from non-relatives who have
                                            direct knowledge of the alien's
                                            work, including the name,
                                            address, and phone number of
                                            the affiant, the nature and
                                            duration of the relationship
                                            between the affiant and the
                                            alien, and other verification
                                            information; or
                                                ``(dd) remittance records.
                                ``(v) Burden of proof.--An alien applying
                            for adjustment of status under this subsection
                            has the burden of proving by a preponderance of
                            the evidence that the alien has satisfied the
                            employment requirements in clause (i). Once the
                            burden is met, the burden shall shift to the
                            Secretary of Homeland Security to disprove the
                            alien's evidence with a showing which negates
                            the reasonableness of the inference to be drawn
                            from the evidence.
                        ``(E) Payment of income taxes.--
                                ``(i) In general.--Not later than the date
                            on which status is adjusted under this section,
                            the alien establishes the payment of any
                            applicable Federal tax liability by
                            establishing that--
                                        ``(I) no such tax liability exists;
                                        ``(II) all outstanding liabilities
                                    have been paid; or
                                        ``(III) the alien has entered into
                                    an agreement for payment of all
                                    outstanding liabilities with the
                                    Internal Revenue Service.
                                ``(ii) Applicable federal tax liability.--
                            For purposes of clause (i), the term
                            `applicable Federal tax liability' means
                            liability for Federal taxes, including
                            penalties and interest, owed for any year
                            during the period of employment required by
                            subparagraph (D)(i) for which the statutory
                            period for assessment of any deficiency for
                            such taxes has not expired.
                                ``(iii) IRS cooperation.--The Secretary of
                            the Treasury shall establish rules and
                            procedures under which the Commissioner of
                            Internal Revenue shall provide documentation to
                            an alien upon request to establish the payment
                            of all taxes required by this subparagraph.
                                ``(iv) In general.--The alien may satisfy
                            such requirement by establishing that--
                                        ``(I) no such tax liability exists;
                                        ``(II) all outstanding liabilities
                                    have been met; or
                                        ``(III) the alien has entered into
                                    an agreement for payment of all
                                    outstanding liabilities with the
                                    Internal Revenue Service and with the
                                    department of revenue of each State to
                                    which taxes are owed.
                                ``(v) Limitation.--Provided further that an
                            alien required to pay taxes under this
                            subparagraph, or who otherwise satisfies the
                            requirements of clause (i), shall not be
                            allowed to collect any tax refund for any
                            taxable year before 2006, or to file any claim
                            for the Earned Income Tax Credit, or any other
                            tax credit otherwise allowable under the tax
                            code, prior to such taxable year.
                        ``(F) Basic citizenship skills.--
                                ``(i) In general.--Except as provided in
                            clause (ii), the alien shall demonstrate that
                            the alien meets the requirements of section
                            312(a) (relating to English proficiency and
                            understanding of United States history and
                            Government).
                                ``(ii) Exceptions.--
                                        ``(I) Mandatory.--The requirements
                                    of clause (i) shall not apply to any
                                    person who is unable to comply with
                                    those requirements because of a
                                    physical or developmental disability or
                                    mental impairment.
                                        ``(II) Discretionary.--The
                                    Secretary of Homeland Security may
                                    waive all or part of the requirements
                                    of clause (i) in the case of an alien
                                    who is 65 years of age or older as of
                                    the date of the filing of the
                                    application for adjustment of status.
                        ``(G) Security and law enforcement clearances.--The
                    alien shall submit fingerprints in accordance with
                    procedures established by the Secretary of Homeland
                    Security. Such fingerprints shall be submitted to
                    relevant Federal agencies to be checked against
                    existing databases for information relating to
                    criminal, national security, or other law enforcement
                    actions that would render the alien ineligible for
                    adjustment of status under this subsection. The
                    relevant Federal agencies shall work to ensure that
                    such clearances are completed within 90 days of the
                    submission of fingerprints. An appeal of a security
                    clearance determination by the Secretary of Homeland
                    Security shall be processed through the Department of
                    Homeland Security.
                        ``(H) Military selective service.--The alien shall
                    establish that if the alien is within the age period
                    required under the Military Selective Service Act (50
                    U.S.C. App. 451 et seq.) that such alien has registered
                    under that Act.
                        ``(I) Adjustment of status.--The Secretary may not
                    adjust the status of an alien under this section to
                    that of lawful permanent resident until the Secretary
                    determines that the priority dates have become current
                    for the class of aliens whose family-based or
                    employment-based petitions for permanent residence were
                    pending on the date of the enactment of the Immigrant
                    Accountability Act of 2007.
                ``(2) Spouses and children.--
                        ``(A) In general.--
                                ``(i) Adjustment of status.--
                            Notwithstanding any other provision of law, the
                            Secretary of Homeland Security shall, if
                            otherwise eligible under subparagraph (B),
                            adjust the status to that of a lawful permanent
                            resident for--
                                        ``(I) the spouse, or child who was
                                    under 21 years of age on the date of
                                    enactment of the Immigrant
                                    Accountability Act of 2007, of an alien
                                    who adjusts status or is eligible to
                                    adjust status to that of a permanent
                                    resident under paragraph (1); or
                                        ``(II) an alien who, within 5 years
                                    preceding the date of enactment of the
                                    Immigrant Accountability Act of 2007,
                                    was the spouse or child of an alien who
                                    adjusts status to that of a permanent
                                    resident under paragraph (1), if--
                                                ``(aa) the termination of
                                            the qualifying relationship was
                                            connected to domestic violence;
                                            or
                                                ``(bb) the spouse or child
                                            has been battered or subjected
                                            to extreme cruelty by the
                                            spouse or parent who adjusts
                                            status or is eligible to adjust
                                            status to that of a permanent
                                            resident under paragraph (1).
                                ``(ii) Application of other law.--In acting
                            on applications filed under this paragraph with
                            respect to aliens who have been battered or
                            subjected to extreme cruelty, the Secretary of
                            Homeland Security shall apply the provisions of
                            section 204(a)(1)(J) and the protections,
                            prohibitions, and penalties under section 384
                            of the Illegal Immigration Reform and Immigrant
                            Responsibility Act of 1996 (8 U.S.C. 1367).
                        ``(B) Grounds of inadmissibility not applicable.--
                    In establishing admissibility to the United States, the
                    spouse or child described in subparagraph (A) shall
                    establish that they are not inadmissible under section
                    212(a), except for any provision of that section that
                    is waived under subsection (b) of this section.
                        ``(C) Security and law enforcement clearance.--The
                    spouse or child, if that child is 14 years of age or
                    older, described in subparagraph (A) shall submit
                    fingerprints in accordance with procedures established
                    by the Secretary of Homeland Security. Such
                    fingerprints shall be submitted to relevant Federal
                    agencies to be checked against existing databases for
                    information relating to criminal, national security, or
                    other law enforcement actions that would render the
                    alien ineligible for adjustment of status under this
                    subsection. The relevant Federal agencies shall work to
                    ensure that such clearances are completed within 90
                    days of the submission of fingerprints. An appeal of a
                    denial by the Secretary of Homeland Security shall be
                    processed through the Department of Homeland Security.
                ``(3) Nonapplicability of numerical limitations.--When an
            alien is granted lawful permanent resident status under this
            subsection, the number of immigrant visas authorized to be
            issued under any provision of this Act shall not be reduced.
        ``(b) Grounds of Inadmissibility.--
                ``(1) Applicable provisions.--In the determination of an
            alien's admissibility under paragraphs (1)(C) and (2) of
            subsection (a), the following provisions of section 212(a)
            shall apply and may not be waived by the Secretary of Homeland
            Security under paragraph (3)(A):
                        ``(A) Paragraph (1) (relating to health).
                        ``(B) Paragraph (2) (relating to criminals).
                        ``(C) Paragraph (3) (relating to security and
                    related grounds).
                        ``(D) Subparagraphs (A) and (C) of paragraph (10)
                    (relating to polygamists and child abductors).
                ``(2) Grounds of inadmissibility not applicable.--The
            provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F),
            (6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and
            (10)(B) of section 212(a) shall not apply to an alien who is
            applying for adjustment of status under subsection (a).
                ``(3) Waiver of other grounds.--
                        ``(A) In general.--Except as provided in paragraph
                    (1), the Secretary of Homeland Security may waive any
                    provision of section 212(a) in the case of individual
                    aliens for humanitarian purposes, to ensure family
                    unity, or when it is otherwise in the public interest.
                        ``(B) Construction.--Nothing in this paragraph
                    shall be construed as affecting the authority of the
                    Secretary of Homeland Security, other than under this
                    subparagraph, to waive the provisions of section
                    212(a).
                ``(4) Special rule for determination of public charge.--An
            alien is not ineligible for adjustment of status under
            subsection (a) by reason of a ground of inadmissibility under
            section 212(a)(4) if the alien establishes a history of
            employment in the United States evidencing self-support without
            public cash assistance.
                ``(5) Special rule for individuals where there is no
            commercial purpose.--An alien is not ineligible for adjustment
            of status under subsection (a) by reason of a ground of
            inadmissibility under section 212(a)(6)(E) if the alien
            establishes that the action referred to in that section was
            taken for humanitarian purposes, to ensure family unity, or was
            otherwise in the public interest.
                ``(6) Applicability of other provisions.--Section 241(a)(5)
            and section 240B(d) shall not apply with respect to an alien
            who is applying for adjustment of status under subsection (a).
                ``(7) Ineligibility.--
                        ``(A) In general.--An alien is ineligible for
                    adjustment to lawful permanent resident status under
                    this section if--
                                ``(i) the alien has been ordered removed
                            from the United States--
                                        ``(I) for overstaying the period of
                                    authorized admission under section 217;
                                        ``(II) under section 235 or 238; or
                                        ``(III) pursuant to a final order
                                    of removal under section 240;
                                ``(ii) the alien failed to depart the
                            United States during the period of a voluntary
                            departure order issued under section 240B;
                                ``(iii) the alien is subject to section
                            241(a)(5);
                                ``(iv) the Secretary of Homeland Security
                            determines that--
                                        ``(I) the alien, having been
                                    convicted by a final judgment of a
                                    serious crime, constitutes a danger to
                                    the community of the United States;
                                        ``(II) there are reasonable grounds
                                    for believing that the alien has
                                    committed a serious crime outside the
                                    United States prior to the arrival of
                                    the alien in the United States; or
                                        ``(III) there are reasonable
                                    grounds for regarding the alien as a
                                    danger to the security of the United
                                    States; or
                                ``(v) the alien has been convicted of a
                            felony or 3 or more misdemeanors.
                        ``(B) Exception.--Notwithstanding subparagraph (A),
                    an alien who has not been ordered removed from the
                    United States shall remain eligible for adjustment to
                    lawful permanent resident status under this section if
                    the alien's ineligibility under subparagraph (A) is
                    solely related to the alien's--
                                ``(i) entry into the United States without
                            inspection;
                                ``(ii) remaining in the United States
                            beyond the period of authorized admission; or
                                ``(iii) failure to maintain legal status
                            while in the United States.
                        ``(C) Waiver.--The Secretary may, in the
                    Secretary's sole and unreviewable discretion, waive the
                    application of subparagraph (A) if the alien was
                    ordered removed on the basis that the alien--
                                ``(i)(I) entered without inspection;
                                ``(II) failed to maintain status; or
                                ``(III) was ordered removed under
                            212(a)(6)(C)(i) prior to April 7, 2006; and
                                ``(ii)(I) demonstrates that the alien did
                            not receive notice of removal proceedings in
                            accordance with paragraph (1) or (2) of section
                            239(a);
                                ``(II) establishes that the alien's failure
                            to appear was due to exceptional circumstances
                            beyond the control of the alien; or
                                ``(III) the alien's departure from the
                            United States now would result in extreme
                            hardship to the alien's spouse, parent, or
                            child who is a citizen of the United States or
                            an alien lawfully admitted for permanent
                            residence.
        ``(c) Treatment of Applicants.--
                ``(1) In general.--An alien who files an application under
            subsection (a)(1)(A) for adjustment of status, including a
            spouse or child who files for adjustment of status under
            subsection (b)--
                        ``(A) shall be granted employment authorization
                    pending final adjudication of the alien's application
                    for adjustment of status;
                        ``(B) shall be granted permission to travel abroad
                    pursuant to regulation pending final adjudication of
                    the alien's application for adjustment of status;
                        ``(C) shall not be detained, determined
                    inadmissible or deportable, or removed pending final
                    adjudication of the alien's application for adjustment
                    of status, unless the alien commits an act which
                    renders the alien ineligible for such adjustment of
                    status; and
                        ``(D) shall not be considered an unauthorized alien
                    as defined in section 274A(i) until such time as
                    employment authorization under subparagraph (A) is
                    denied.
                ``(2) Document of authorization.--The Secretary of Homeland
            Security shall provide each alien described in paragraph (1)
            with a counterfeit-resistant document of authorization that--
                        ``(A) meets all current requirements established by
                    the Secretary of Homeland Security for travel
                    documents, including the requirements under section 403
                    of the Illegal Immigration Reform and Immigrant
                    Responsibility Act of 1996 (8 U.S.C. 1324a note); and
                        ``(B) reflects the benefits and status set forth in
                    paragraph (1).
                ``(3) Security and law enforcement clearance.--Before an
            alien is granted employment authorization or permission to
            travel under paragraph (1), the alien shall be required to
            undergo a name check against existing databases for information
            relating to criminal, national security, or other law
            enforcement actions. The relevant Federal agencies shall work
            to ensure that such name checks are completed not later than 90
            days after the date on which the name check is requested.
                ``(4) Termination of proceedings.--An alien in removal
            proceedings who establishes prima facie eligibility for
            adjustment of status under subsection (a) shall be entitled to
            termination of the proceedings pending the outcome of the
            alien's application, unless the removal proceedings are based
            on criminal or national security grounds.
        ``(d) Confidentiality of Information.--
                ``(1) In general.--Except as otherwise provided in this
            section, no Federal agency or bureau, nor any officer or
            employee of such agency or bureau, may--
                        ``(A) use the information furnished by the
                    applicant pursuant to an application filed under
                    paragraph (1) or (2) of subsection (a) for any purpose
                    other than to make a determination on the application;
                        ``(B) make any publication through which the
                    information furnished by any particular applicant can
                    be identified; or
                        ``(C) permit anyone other than the sworn officers
                    and employees of such agency, bureau, or approved
                    entity, as approved by the Secretary of Homeland
                    Security, to examine individual applications that have
                    been filed.
                ``(2) Required disclosures.--The Secretary of Homeland
            Security and the Secretary of State shall provide the
            information furnished pursuant to an application filed under
            paragraph (1) or (2) of subsection (a), and any other
            information derived from such furnished information, to a duly
            recognized law enforcement entity in connection with a criminal
            investigation or prosecution or a national security
            investigation or prosecution, in each instance about an
            individual suspect or group of suspects, when such information
            is requested in writing by such entity.
                ``(3) Criminal penalty.--Any person who knowingly uses,
            publishes, or permits information to be examined in violation
            of this subsection shall be fined not more than $10,000.
        ``(e) Penalties for False Statements in Applications.--
                ``(1) Criminal penalty.--
                        ``(A) Violation.--It shall be unlawful for any
                    person to--
                                ``(i) file or assist in filing an
                            application for adjustment of status under this
                            section and knowingly and willfully falsify,
                            conceal, or cover up a material fact or make
                            any false, fictitious, or fraudulent statements
                            or representations, or make or use any false
                            writing or document knowing the same to contain
                            any false, fictitious, or fraudulent statement
                            or entry; or
                                ``(ii) create or supply a false writing or
                            document for use in making such an application.
                        ``(B) Penalty.--Any person who violates
                    subparagraph (A) shall be fined in accordance with
                    title 18, United States Code, or imprisoned not more
                    than 5 years, or both.
                ``(2) Inadmissibility.--An alien who is convicted of a
            crime under paragraph (1) shall be considered to be
            inadmissible to the United States.
                ``(3) Exception.--Notwithstanding paragraphs (1) and (2),
            any alien or other entity (including an employer or union) that
            submits an employment record that contains incorrect data that
            the alien used in order to obtain such employment, shall not
            have violated this subsection.
        ``(f) Ineligibility for Public Benefits.--For purposes of section
    403 of the Personal Responsibility and Work Opportunity Reconciliation
    Act of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted in
    accordance with subsection (a) shall not be eligible for any Federal
    means-tested public benefit unless the alien meets the alien
    eligibility criteria for such benefit under title IV of such Act (8
    U.S.C. 1601 et seq.).
        ``(g) Relationships of Application to Certain Orders.--
                ``(1) In general.--An alien who is present in the United
            States and has been ordered excluded, deported, removed, or to
            depart voluntarily from the United States or is subject to
            reinstatement of removal under any provision of this Act may,
            notwithstanding such order, apply for adjustment of status
            under subsection (a). Such an alien shall not be required, as a
            condition of submitting or granting such application, to file a
            separate motion to reopen, reconsider, or vacate the exclusion,
            deportation, removal or voluntary departure order. If the
            Secretary of Homeland Security grants the application, the
            order shall be canceled. If the Secretary of Homeland Security
            renders a final administrative decision to deny the
            application, such order shall be effective and enforceable.
            Nothing in this paragraph shall affect the review or stay of
            removal under subsection (j).
                ``(2) Stay of removal.--The filing of an application
            described in paragraph (1) shall stay the removal or detainment
            of the alien pending final adjudication of the application,
            unless the removal or detainment of the alien is based on
            criminal or national security grounds.
        ``(h) Application of Other Provisions.--Nothing in this section
    shall preclude an alien who may be eligible to be granted adjustment of
    status under subsection (a) from seeking such status under any other
    provision of law for which the alien may be eligible.
        ``(i) Administrative and Judicial Review.--
                ``(1) In general.--Except as provided in this subsection,
            there shall be no administrative or judicial review of a
            determination respecting an application for adjustment of
            status under subsection (a).
                ``(2) Administrative review.--
                        ``(A) Single level of administrative appellate
                    review.--The Secretary of Homeland Security shall
                    establish an appellate authority to provide for a
                    single level of administrative appellate review of a
                    determination respecting an application for adjustment
                    of status under subsection (a).
                        ``(B) Standard for review.--Administrative
                    appellate review referred to in subparagraph (A) shall
                    be based solely upon the administrative record
                    established at the time of the determination on the
                    application and upon the presentation of additional or
                    newly discovered evidence during the time of the
                    pending appeal.
                ``(3) Judicial review.--
                        ``(A) Direct review.--A person whose application
                    for adjustment of status under subsection (a) is denied
                    after administrative appellate review under paragraph
                    (2) may seek review of such denial, in accordance with
                    chapter 7 of title 5, United States Code, before the
                    United States district court for the district in which
                    the person resides.
                        ``(B) Review after removal proceedings.--There
                    shall be judicial review in the Federal courts of
                    appeal of the denial of an application for adjustment
                    of status under subsection (a) in conjunction with
                    judicial review of an order of removal, deportation, or
                    exclusion, but only if the validity of the denial has
                    not been upheld in a prior judicial proceeding under
                    subparagraph (A). Notwithstanding any other provision
                    of law, the standard for review of such a denial shall
                    be governed by subparagraph (C).
                        ``(C) Standard for judicial review.--Judicial
                    review of a denial of an application under this section
                    shall be based solely upon the administrative record
                    established at the time of the review. The findings of
                    fact and other determinations contained in the record
                    shall be conclusive unless the applicant can establish
                    abuse of discretion or that the findings are directly
                    contrary to clear and convincing facts contained in the
                    record, considered as a whole.
                ``(4) Stay of removal.--Aliens seeking administrative or
            judicial review under this subsection shall not be removed from
            the United States until a final decision is rendered
            establishing ineligibility under this section, unless such
            removal is based on criminal or national security grounds.
        ``(j) Dissemination of Information on Adjustment Program.--During
    the 12 months following the issuance of final regulations in accordance
    with subsection (o), the Secretary of Homeland Security, in cooperation
    with approved entities, approved by the Secretary of Homeland Security,
    shall broadly disseminate information respecting adjustment of status
    under this section and the requirements to be satisfied to obtain such
    status. The Secretary of Homeland Security shall also disseminate
    information to employers and labor unions to advise them of the rights
    and protections available to them and to workers who file applications
    under this section. Such information shall be broadly disseminated, in
    the languages spoken by the top 15 source countries of the aliens who
    would qualify for adjustment of status under this section, including to
    television, radio, and print media such aliens would have access to.
        ``(k) Employer Protections.--
                ``(1) Immigration status of alien.--Employers of aliens
            applying for conditional nonimmigrant or conditional
            nonimmigrant dependent classification or adjustment of status
            under this section, the AgJOBS Act of 2007, or the DREAM Act of
            2007 shall not be subject to civil or criminal tax liability
            for activities relating directly to the employment of such
            alien that occurred before receiving employment authorization
            under this section, the AgJOBS Act of 2007, or the DREAM Act of
            2007.
                ``(2) Provision of employment records.--Employers that
            provide unauthorized aliens with copies of employment records
            or other evidence of employment pursuant to an application for
            adjustment of status under this section or any other
            application or petition pursuant to other provisions of the
            immigration laws, shall not be subject to civil and criminal
            liability pursuant to section 274A for employing such
            unauthorized aliens.
                ``(3) Applicability of other law.--Nothing in this
            subsection shall be used to shield an employer from liability
            pursuant to section 274B or any other labor and employment law
            provisions.
        ``(l) Authorization of Funds; Fines.--
                ``(1) Authorization of appropriations.--There are
            authorized to be appropriated to the Department of Homeland
            Security such sums as are necessary to commence the processing
            of applications filed under this section.
                ``(2) Fine.--An alien who files an application under this
            section shall pay a fine commensurate with levels charged by
            the Department of Homeland Security for other applications for
            adjustment of status.
                ``(3) Additional amounts owed.--Prior to the adjudication
            of an application for adjustment of status filed under this
            section, the alien shall pay an amount equaling $2,000, but
            such amount shall not be required from an alien under the age
            of 18.
                ``(4) Use of amounts collected.--The Secretary of Homeland
            Security shall deposit payments received under paragraphs (2)
            and (3) in the Immigration Examinations Fee Account, and these
            payments in such account shall be available, without fiscal
            year limitation, such that--
                        ``(A) 80 percent of such funds shall be available
                    to the Department of Homeland Security for border
                    security purposes;
                        ``(B) 10 percent of such funds shall be available
                    to the Department of Homeland Security for implementing
                    and processing applications under this section; and
                        ``(C) 10 percent of such funds shall be available
                    to the Department of Homeland Security and the
                    Department of State to cover administrative and other
                    expenses incurred in connection with the review of
                    applications filed by immediate relatives of aliens
                    applying for adjustment of status under this section.
                ``(5) State impact assistance fee.--
                        ``(A) In general.--In addition to any other amounts
                    required to be paid under this subsection, an alien
                    shall submit, at the time the alien files an
                    application under this section, a State impact
                    assistance fee equal to--
                                ``(i) $750 for the principal alien; and
                                ``(ii) $100 for the spouse and each child
                            described in subsection (a)(2).
                        ``(B) Use of fee.--The fees collected under
                    subparagraph (A) shall be deposited in the State Impact
                    Assistance Account established under section 286(x).
        ``(m) Mandatory Departure and Reentry.--Any alien who was
    physically present in the United States on January 7, 2004, who seeks
    to adjust status under this section, but does not satisfy the
    requirements of subparagraph (B) or (D) of subsection (a)(1), shall be
    eligible to depart the United States and to seek admission as a
    nonimmigrant or an immigrant alien described in section 245C.
        ``(n) Issuance of Regulations.--Not later than 120 days after the
    date of enactment of the Immigrant Accountability Act of 2007, the
    Secretary of Homeland Security shall issue regulations to implement
    this section.''.
                (2) Table of contents.--The table of contents (8 U.S.C.
            1101 et seq.) is amended by inserting after the item relating
            to section 245A the following:

    ``245B. Access to Earned Adjustment.''.
        (c) Mandatory Departure and Reentry.--
                (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et
            seq.), as amended by subsection (b)(1), is further amended by
            inserting after section 245B the following:

    ``SEC. 245C. MANDATORY DEPARTURE AND REENTRY.

        ``(a) In General.--The Secretary of Homeland Security may grant
    Deferred Mandatory Departure status to aliens who are in the United
    States illegally to allow such aliens time to depart the United States
    and to seek admission as a nonimmigrant or immigrant alien.
        ``(b) Requirements.--Notwithstanding section 244(h), an alien
    desiring an adjustment of status under subsection (a) shall meet the
    following requirements:
                ``(1) Presence.--The alien shall establish that the alien--
                        ``(A) was physically present in the United States
                    on January 7, 2004;
                        ``(B) has been continuously in the United States
                    since such date, except for brief, casual, and innocent
                    departures; and
                        ``(C) was not legally present in the United States
                    on that date under any classification set forth in
                    section 101(a)(15).
                ``(2) Employment.--
                        ``(A) In general.--The alien shall establish that
                    the alien--
                                ``(i) was employed in the United States,
                            whether full time, part time, seasonally, or
                            self-employed, before January 7, 2004; and
                                ``(ii) has been continuously employed in
                            the United States since that date, except for
                            brief periods of unemployment lasting not
                            longer than 60 days.
                        ``(B) Evidence of employment.--
                                ``(i) In general.--An alien may
                            conclusively establish employment status in
                            compliance with subparagraph (A) by submitting
                            to the Secretary of Homeland Security records
                            demonstrating such employment maintained by--
                                        ``(I) the Social Security
                                    Administration, Internal Revenue
                                    Service, or by any other Federal,
                                    State, or local government agency;
                                        ``(II) an employer; or
                                        ``(III) a labor union, day labor
                                    center, or an organization that assists
                                    workers in matters related to
                                    employment.
                                ``(ii) Other documents.--An alien who is
                            unable to submit a document described in
                            subclauses (I) through (III) of clause (i) may
                            satisfy the requirement in subparagraph (A) by
                            submitting to the Secretary at least 2 other
                            types of reliable documents that provide
                            evidence of employment, including--
                                        ``(I) bank records;
                                        ``(II) business records;
                                        ``(III) sworn affidavits from
                                    nonrelatives who have direct knowledge
                                    of the alien's work, including the
                                    name, address, and phone number of the
                                    affiant, the nature and duration of the
                                    relationship between the affiant and
                                    the alien, and other verification
                                    information; or
                                        ``(IV) remittance records.
                                ``(iii) Intent of congress.--It is the
                            intent of Congress that the requirement in this
                            subsection be interpreted and implemented in a
                            manner that recognizes and takes into account
                            the difficulties encountered by aliens in
                            obtaining evidence of employment due to the
                            undocumented status of the alien.
                                ``(iv) Burden of proof.--An alien who is
                            applying for adjustment of status under this
                            section has the burden of proving by a
                            preponderance of the evidence that the alien
                            has satisfied the requirements of this
                            subsection. An alien may meet such burden of
                            proof by producing sufficient evidence to
                            demonstrate such employment as a matter of
                            reasonable inference.
                        ``(C) Exemption.--The employment requirement under
                    subparagraph (A) shall not apply to any individual who
                    is 65 years of age or older on the date of the
                    enactment of the Immigrant Accountability Act of 2007.
                ``(3) Admissibility.--
                        ``(A) In general.--The alien shall establish that
                    such alien--
                                ``(i) is admissible to the United States,
                            except as provided as in (B); and
                                ``(ii) has not assisted in the persecution
                            of any person or persons on account of race,
                            religion, nationality, membership in a
                            particular social group, or political opinion.
                        ``(B) Grounds not applicable.--The provisions of
                    paragraphs (5), (6)(A), (7), and (9)(B) of section
                    212(a) shall not apply.
                        ``(C) Waiver.--The Secretary of Homeland Security
                    may waive any other provision of section 212(a), or a
                    ground of ineligibility under paragraph (4), in the
                    case of individual aliens for humanitarian purposes, to
                    assure family unity, or when it is otherwise in the
                    public interest.
                ``(4) Ineligibility.--
                        ``(A) In general.--The alien is ineligible for
                    Deferred Mandatory Departure status if the alien--
                                ``(i) has been ordered removed from the
                            United States--
                                        ``(I) for overstaying the period of
                                    authorized admission under section 217;
                                        ``(II) under section 235 or 238; or
                                        ``(III) pursuant to a final order
                                    of removal under section 240;
                                ``(ii) the alien failed to depart the
                            United States during the period of a voluntary
                            departure order issued under section 240B;
                                ``(iii) the alien is subject to section
                            241(a)(5);
                                ``(iv) the Secretary of Homeland Security
                            determines that--
                                        ``(I) the alien, having been
                                    convicted by a final judgment of a
                                    serious crime, constitutes a danger to
                                    the community of the United States;
                                        ``(II) there are reasonable grounds
                                    for believing that the alien has
                                    committed a serious crime outside the
                                    United States prior to the arrival of
                                    the alien in the United States; or
                                        ``(III) there are reasonable
                                    grounds for regarding the alien as a
                                    danger to the security of the United
                                    States; or
                                ``(v) the alien has been convicted of a
                            felony or 3 or more misdemeanors.
                        ``(B) Exception.--Notwithstanding subparagraph (A),
                    an alien who has not been ordered removed from the
                    United States shall remain eligible for adjustment to
                    lawful permanent resident status under this section if
                    the alien's ineligibility under subparagraph (A) is
                    solely related to the alien's--
                                ``(i) entry into the United States without
                            inspection;
                                ``(ii) remaining in the United States
                            beyond the period of authorized admission; or
                                ``(iii) failure to maintain legal status
                            while in the United States.
                        ``(C) Waiver.--The Secretary may, in the
                    Secretary's sole and unreviewable discretion, waive the
                    application of subparagraph (A) if the alien was
                    ordered removed on the basis that the alien--
                                ``(i)(I) entered without inspection;
                                ``(II) failed to maintain status; or
                                ``(III) was ordered removed under
                            212(a)(6)(C)(i) prior to April 7, 2006; and
                                ``(ii)(I) demonstrates that the alien did
                            not receive notice of removal proceedings in
                            accordance with paragraph (1) or (2) of section
                            239(a);
                                ``(II) establishes that the alien's failure
                            to appear was due to exceptional circumstances
                            beyond the control of the alien; or
                                ``(III) the alien's departure from the
                            United States now would result in extreme
                            hardship to the alien's spouse, parent, or
                            child who is a citizen of the United States or
                            an alien lawfully admitted for permanent
                            residence.
                ``(5) Medical examination.--The alien may be required, at
            the alien's expense, to undergo such a medical examination
            (including a determination of immunization status) as is
            appropriate and conforms to generally accepted professional
            standards of medical practice.
                ``(6) Termination.--The Secretary of Homeland Security may
            terminate an alien's Deferred Mandatory Departure status if--
                        ``(A) the Secretary of Homeland Security determines
                    that the alien was not in fact eligible for such
                    status; or
                        ``(B) the alien commits an act that makes the alien
                    removable from the United States.
                ``(7) Application content and waiver.--
                        ``(A) Application form.--The Secretary of Homeland
                    Security shall create an application form that an alien
                    shall be required to complete as a condition of
                    obtaining Deferred Mandatory Departure status.
                        ``(B) Content.--In addition to any other
                    information that the Secretary requires to determine an
                    alien's eligibility for Deferred Mandatory Departure,
                    the Secretary shall require an alien to answer
                    questions concerning the alien's physical and mental
                    health, criminal history, gang membership, renunciation
                    of gang affiliation, immigration history, involvement
                    with groups or individuals that have engaged in
                    terrorism, genocide, persecution, or who seek the
                    overthrow of the United States Government, voter
                    registration history, claims to United States
                    citizenship, and tax history.
                        ``(C) Waiver.--The Secretary of Homeland Security
                    shall require an alien to include with the application
                    a waiver of rights that explains to the alien that, in
                    exchange for the discretionary benefit of obtaining
                    Deferred Mandatory Departure status, the alien agrees
                    to waive any right to judicial review or to contest any
                    removal action, other than on the basis of an
                    application for asylum or restriction of removal
                    pursuant to the provisions contained in section 208 or
                    241(b)(3), or under the Convention Against Torture and
                    Other Cruel, Inhuman or Degrading Treatment or
                    Punishment, done at New York December 10, 1984, or
                    cancellation of removal pursuant to section 240A(a).
                        ``(D) Knowledge.--The Secretary of Homeland
                    Security shall require an alien to include with the
                    application a signed certification in which the alien
                    certifies that the alien has read and understood all of
                    the questions and statements on the application form,
                    and that the alien certifies under penalty of perjury
                    under the laws of the United States that the
                    application, and any evidence submitted with it, are
                    all true and correct, and that the applicant authorizes
                    the release of any information contained in the
                    application and any attached evidence for law
                    enforcement purposes.
        ``(c) Implementation and Application Time Periods.--
                ``(1) In general.--The Secretary of Homeland Security shall
            ensure that the application process is secure and incorporates
            antifraud protection. The Secretary of Homeland Security shall
            interview an alien to determine eligibility for Deferred
            Mandatory Departure status and shall utilize biometric
            authentication at time of document issuance.
                ``(2) Initial receipt of applications.--The Secretary of
            Homeland Security shall begin accepting applications for
            Deferred Mandatory Departure status not later than 3 months
            after the date on which the application form is first made
            available.
                ``(3) Application.--An alien must submit an initial
            application for Deferred Mandatory Departure status not later
            than 6 months after the date on which the application form is
            first made available. An alien that fails to comply with this
            requirement is ineligible for Deferred Mandatory Departure
            status. The provisions under subsections (e) and (f) of section
            245B shall apply to applications filed under this section.
                ``(4) Completion of processing.--The Secretary of Homeland
            Security shall ensure that all applications for Deferred
            Mandatory Departure status are processed not later than 12
            months after the date on which the application form is first
            made available.
        ``(d) Security and Law Enforcement Background Checks.--An alien may
    not be granted Deferred Mandatory Departure status unless the alien
    submits biometric data in accordance with procedures established by the
    Secretary of Homeland Security. The Secretary of Homeland Security may
    not grant Deferred Mandatory Departure status until all appropriate
    background checks are completed to the satisfaction of the Secretary of
    Homeland Security.
        ``(e) Acknowledgment.--
                ``(1) In general.--An alien who applies for Deferred
            Mandatory Departure status shall submit to the Secretary of
            Homeland Security--
                        ``(A) an acknowledgment made in writing and under
                    oath that the alien--
                                ``(i) is unlawfully present in the United
                            States and subject to removal or deportation,
                            as appropriate, under this Act; and
                                ``(ii) understands the terms of the terms
                            of Deferred Mandatory Departure;
                        ``(B) any Social Security account number or card in
                    the possession of the alien or relied upon by the
                    alien;
                        ``(C) any false or fraudulent documents in the
                    alien's possession.
                ``(2) Use of information.--None of the documents or other
            information provided in accordance with paragraph (1) may be
            used in a criminal proceeding against the alien providing such
            documents or information.
        ``(f) Mandatory Departure.--
                ``(1) In general.--The Secretary of Homeland Security shall
            grant Deferred Mandatory Departure status to an alien who meets
            the requirements of this section for a period not to exceed 3
            years.
                ``(2) Registration at time of departure.--An alien granted
            Deferred Mandatory Departure shall--
                        ``(A) depart from the United States before the
                    expiration of the period of Deferred Mandatory
                    Departure status;
                        ``(B) register with the Secretary of Homeland
                    Security at the time of departure; and
                        ``(C) surrender any evidence of Deferred Mandatory
                    Departure status at the time of departure.
                ``(3) Application for readmission.--
                        ``(A) In general.--An alien under this section may
                    apply for admission to the United States as an
                    immigrant or nonimmigrant while in the United States or
                    from any location outside of the United States, but may
                    not be granted admission until the alien has departed
                    from the United States in accordance with paragraph
                    (2).
                        ``(B) Approval.--The Secretary may approve an
                    application under subparagraph (A) during the period in
                    which the alien is present in the United States under
                    Deferred Mandatory Departure status.
                        ``(C) US-visit.--An alien in Deferred Mandatory
                    Departure status who is seeking admission as a
                    nonimmigrant or immigrant alien may exit the United
                    States and immediately reenter the United States at any
                    land port of entry at which the US-VISIT exit and entry
                    system can process such alien for admission into the
                    United States.
                        ``(D) Interview requirements.--Notwithstanding any
                    other provision of law, any admission requirement
                    involving in-person interviews at a consulate of the
                    United States shall be waived for aliens granted
                    Deferred Mandatory Departure status under this section.
                        ``(E) Waiver of numerical limitations.--The
                    numerical limitations under section 214 shall not apply
                    to any alien who is admitted as a nonimmigrant under
                    this paragraph.
                ``(4) Effect of readmission on spouse or child.--The spouse
            or child of an alien granted Deferred Mandatory Departure and
            subsequently granted an immigrant or nonimmigrant visa before
            departing the United States shall be--
                        ``(A) deemed to have departed under this section
                    upon the successful admission of the principal alien;
                    and
                        ``(B) eligible for the derivative benefits
                    associated with the immigrant or nonimmigrant visa
                    granted to the principal alien without regard to
                    numerical caps related to such visas.
                ``(5) Waivers.--The Secretary of Homeland Security may
            waive the departure requirement under this subsection if the
            alien--
                        ``(A) is granted an immigrant or nonimmigrant visa;
                    and
                        ``(B) can demonstrate that the departure of the
                    alien would create a substantial hardship on the alien
                    or an immediate family member of the alien.
                ``(6) Return in legal status.--An alien who complies with
            the terms of Deferred Mandatory Departure status and who
            departs before the expiration of such status--
                        ``(A) shall not be subject to section 212(a)(9)(B);
                        ``(B) if otherwise eligible, may immediately seek
                    admission as a nonimmigrant or immigrant; and
                        ``(C) is eligible to be employed by an employer in
                    the United States regardless of whether the employer
                    has complied with the requirements of section
                    218B(b)(7).
                ``(7) Failure to depart.--An alien who fails to depart the
            United States prior to the expiration of Mandatory Deferred
            Departure status is not eligible and may not apply for or
            receive any immigration relief or benefit under this Act or any
            other law for a period of 10 years, with the exception of
            section 208 or 241(b)(3) or the Convention Against Torture and
            Other Cruel, Inhuman or Degrading Treatment or Punishment, done
            at New York December 10, 1984, in the case of an alien who
            indicates either an intention to apply for asylum under section
            208 or a fear of persecution or torture.
                ``(8) Penalties for delayed departure.--An alien who fails
            to depart immediately shall be subject to--
                        ``(A) no fine if the alien departs not later than 1
                    year after the grant of Deferred Mandatory Departure;
                        ``(B) a fine of $2,000 if the alien does not depart
                    within 2 years after the grant of Deferred Mandatory
                    Departure; and
                        ``(C) a fine of $3,000 if the alien does not depart
                    within 3 years after the grant of Deferred Mandatory
                    Departure.
        ``(g) Evidence of Deferred Mandatory Departure Status.--Evidence of
    Deferred Mandatory Departure status shall be machine-readable and
    tamper-resistant, shall allow for biometric authentication, and shall
    comply with the requirements under section 403 of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
    1324a note). The Secretary of Homeland Security is authorized to
    incorporate integrated-circuit technology into the document. The
    Secretary of Homeland Security shall consult with the Forensic Document
    Laboratory in designing the document. The document may serve as a
    travel, entry, and work authorization document during the period of its
    validity. The document may be accepted by an employer as evidence of
    employment authorization and identity under section 274A(c).
        ``(h) Terms of Status.--
                ``(1) Reporting.--During the period of Deferred Mandatory
            Departure, an alien shall comply with all registration
            requirements under section 264.
                ``(2) Travel.--
                        ``(A) An alien granted Deferred Mandatory Departure
                    is not subject to section 212(a)(9) for any unlawful
                    presence that occurred prior to the Secretary of
                    Homeland Security granting the alien Deferred Mandatory
                    Departure status.
                        ``(B) Under regulations established by the
                    Secretary of Homeland Security, an alien granted
                    Deferred Mandatory Departure--
                                ``(i) may travel outside of the United
                            States and may be readmitted if the period of
                            Deferred Mandatory Departure status has not
                            expired; and
                                ``(ii) must establish at the time of
                            application for admission that the alien is
                            admissible under section 212.
                        ``(C) Effect on period of authorized admission.--
                    Time spent outside the United States under subparagraph
                    (B) shall not extend the period of Deferred Mandatory
                    Departure status.
                ``(3) Benefits.--During the period in which an alien is
            granted Deferred Mandatory Departure under this section--
                        ``(A) the alien shall not be considered to be
                    permanently residing in the United States under the
                    color of law and shall be treated as a nonimmigrant
                    admitted under section 214; and
                        ``(B) the alien may be deemed ineligible for public
                    assistance by a State (as defined in section
                    101(a)(36)) or any political subdivision thereof which
                    furnishes such assistance.
        ``(i) Prohibition on Change of Status or Adjustment of Status.--
                ``(1) In general.--Before leaving the United States, an
            alien granted Deferred Mandatory Departure status may not apply
            to change status under section 248.
                ``(2) Adjustment of status.--An alien may not adjust to an
            immigrant classification under this section until after the
            earlier of--
                        ``(A) the consideration of all applications filed
                    under section 201, 202, or 203 before the date of
                    enactment of this section; or
                        ``(B) 8 years after the date of enactment of this
                    section.
        ``(j) Application Fee.--
                ``(1) In general.--An alien seeking a grant of Deferred
            Mandatory Departure status shall submit, in addition to any
            other fees authorized by law, an application fee of $1,000.
                ``(2) Use of fee.--The fees collected under paragraph (1)
            shall be available for use by the Secretary of Homeland
            Security for activities to identify, locate, or remove illegal
            aliens.
                ``(3) State impact assistance fee.--
                        ``(A) In general.--In addition to any other amounts
                    required to be paid under this subsection, an alien
                    seeking Deferred Mandatory Departure status shall
                    submit, at the time the alien files an application
                    under this section, a State impact assistance fee equal
                    to $750.
                        ``(B) Use of fee.--The fees collected under
                    subparagraph (A) shall be deposited in the State Impact
                    Assistance Account established under section 286(x).
        ``(k) Family Members.--
                ``(1) In general.--Subject to subsection (f)(4), the spouse
            or child of an alien granted Deferred Mandatory Departure
            status is subject to the same terms and conditions as the
            principal alien.
                ``(2) Application fee.--
                        ``(A) In general.--The spouse or child of an alien
                    seeking Deferred Mandatory Departure status shall
                    submit, in addition to any other fee authorized by law,
                    an additional fee of $500.
                        ``(B) Use of fee.--The fees collected under
                    subparagraph (A) shall be available for use by the
                    Secretary of Homeland Security for activities to
                    identify, locate, or remove aliens who are removable
                    under section 237.
                ``(3) State impact assistance fee.--
                        ``(A) In general.--In addition to any other amounts
                    required to be paid under this subsection, the spouse
                    and each child of an alien seeking Deferred Mandatory
                    Departure status shall submit a State impact assistance
                    fee equal to $100.
                        ``(B) Use of fee.--The fees collected under
                    subparagraph (A) shall be deposited in the State Impact
                    Assistance Account established under section 286(x).
        ``(l) Employment.--
                ``(1) In general.--An alien who has applied for or has been
            granted Deferred Mandatory Departure status may be employed in
            the United States.
                ``(2) Continuous employment.--An alien granted Deferred
            Mandatory Departure status must be employed while in the United
            States. An alien who fails to be employed for 60 days is
            ineligible for hire until the alien has departed the United
            States and reentered. The Secretary of Homeland Security may
            reauthorize an alien for employment without requiring the
            alien's departure from the United States.
        ``(m) Enumeration of Social Security Number.--The Secretary of
    Homeland Security, in coordination with the Commissioner of the Social
    Security system, shall implement a system to allow for the enumeration
    of a Social Security number and production of a Social Security card at
    the time the Secretary of Homeland Security grants an alien Deferred
    Mandatory Departure status.
        ``(n) Penalties for False Statements in Application for Deferred
    Mandatory Departure.--
                ``(1) Criminal penalty.--
                        ``(A) Violation.--It shall be unlawful for any
                    person--
                                ``(i) to file or assist in filing an
                            application for adjustment of status under this
                            section and knowingly and willfully falsify,
                            misrepresent, conceal, or cover up a material
                            fact or make any false, fictitious, or
                            fraudulent statements or representations, or
                            make or use any false writing or document
                            knowing the same to contain any false,
                            fictitious, or fraudulent statement or entry;
                            or
                                ``(ii) to create or supply a false writing
                            or document for use in making such an
                            application.
                        ``(B) Penalty.--Any person who violates
                    subparagraph (A) shall be fined in accordance with
                    title 18, United States Code, imprisoned not more than
                    5 years, or both.
                ``(2) Inadmissibility.--An alien who is convicted of a
            crime under paragraph (1) shall be considered to be
            inadmissible to the United States on the ground described in
            section 212(a)(6)(C)(i).
        ``(o) Relation to Cancellation of Removal.--With respect to an
    alien granted Deferred Mandatory Departure status under this section,
    the period of such status shall not be counted as a period of physical
    presence in the United States for purposes of section 240A(a), unless
    the Secretary of Homeland Security determines that extreme hardship
    exists.
        ``(p) Waiver of Rights.--An alien is not eligible for Deferred
    Mandatory Departure status, unless the alien has waived any right under
    subsection (b)(7)(C), other than on the basis of an application for
    asylum, restriction of removal, or protection under the Convention
    Against Torture and Other Cruel, Inhuman or Degrading Treatment or
    Punishment, done at New York December 10, 1984, or cancellation of
    removal pursuant to section 240A(a), any action for deportation or
    removal of the alien that is instituted against the alien subsequent to
    a grant of Deferred Mandatory Departure status.
        ``(q) Denial of Discretionary Relief.--The determination of whether
    an alien is eligible for a grant of Deferred Mandatory Departure status
    is solely within the discretion of the Secretary of Homeland Security.
    Notwithstanding any other provision of law, no court shall have
    jurisdiction to review--
                ``(1) any judgment regarding the granting of relief under
            this section; or
                ``(2) any other decision or action of the Secretary of
            Homeland Security the authority for which is specified under
            this section to be in the discretion of the Secretary, other
            than the granting of relief under section 208(a).
        ``(r) Judicial Review.--
                ``(1) Limitations on relief.--Without regard to the nature
            of the action or claim and without regard to the identity of
            the party or parties bringing the action, no court may--
                        ``(A) enter declaratory, injunctive, or other
                    equitable relief in any action pertaining to--
                                ``(i) an order or notice denying an alien a
                            grant of Deferred Mandatory Departure status or
                            any other benefit arising from such status; or
                                ``(ii) an order of removal, exclusion, or
                            deportation entered against an alien after a
                            grant of Deferred Mandatory Departure status;
                            or
                        ``(B) certify a class under Rule 23 of the Federal
                    Rules of Civil Procedure in any action for which
                    judicial review is authorized under a subsequent
                    paragraph of this subsection.
                ``(2) Challenges to validity.--
                        ``(A) In general.--Any right or benefit not
                    otherwise waived or limited pursuant this section is
                    available in an action instituted in the United States
                    District Court for the District of Columbia, but shall
                    be limited to determinations of--
                                ``(i) whether such section, or any
                            regulation issued to implement such section,
                            violates the Constitution of the United States;
                            or
                                ``(ii) whether such a regulation, or a
                            written policy directive, written policy
                            guideline, or written procedure issued by or
                            under the authority of the Secretary of
                            Homeland Security to implement such section, is
                            not consistent with applicable provisions of
                            this section or is otherwise in violation of
                            law.''.
                (2) Table of contents.--The table of contents (8 U.S.C.
            1101 et seq.), as amended by this subsection (b)(2), is further
            amended by inserting after the item relating to section 245B
            the following:

    ``245C. Mandatory Departure and Reentry.''.
                (3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8
            U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6
            months in the case of an alien granted Deferred Mandatory
            Departure status under section 245C)'' after ``imposed''.
                (4) Statutory construction.--Nothing in this subsection, or
            any amendment made by this subsection, shall be construed to
            create any substantive or procedural right or benefit that is
            legally enforceable by any party against the United States or
            its agencies or officers or any other person.
                (5) Authorization of appropriations.--There are authorized
            to be appropriated such amounts as may be necessary for
            facilities, personnel (including consular officers), training,
            technology, and processing necessary to carry out the
            amendments made by this subsection.
        (d) Correction of Social Security Records.--Section 208(e)(1) of
    the Social Security Act (42 U.S.C. 408(e)(1)) is amended--
                (1) in subparagraph (B)(ii), by striking ``or'' at the end;
                (2) in subparagraph (C), by inserting ``or'' at the end;
                (3) by inserting after subparagraph (C) the following:
                        ``(D) whose status is adjusted to that of lawful
                    permanent resident under section 245B of the
                    Immigration and Nationality Act,''; and
                (4) by striking ``1990.'' and inserting ``1990, or in the
            case of an alien described in subparagraph (D), if such conduct
            is alleged to have occurred prior to the date on which the
            alien became lawfully admitted for temporary residence.''.
        (e) State Impact Assistance Account.--Section 286 (8 U.S.C. 1356)
    is amended by inserting after subsection (w) the following:
        ``(x) State Impact Assistance Account.--
                ``(1) Establishment.--There is established in the general
            fund of the Treasury a separate account, which shall be known
            as the `State Impact Assistance Account'.
                ``(2) Source of funds.--Notwithstanding any other provision
            under this Act, there shall be deposited as offsetting receipts
            into the State Impact Assistance Account all State impact
            assistance fees collected under section 245B(m)(5) and
            subsections (j)(3) and (k)(3) of section 245C.
                ``(3) Use of funds.--Amounts deposited into the State
            Impact Assistance Account may only be used to carry out the
            State Impact Assistance Grant Program established under
            paragraph (4).
                ``(4) State impact assistance grant program.--
                        ``(A) Establishment.--The Secretary of Health and
                    Human Services, in consultation with the Secretary of
                    Education, shall establish the State Impact Assistance
                    Grant Program (referred to in this section as the
                    `Program'), under which the Secretary may award grants
                    to States to provide health and education services to
                    noncitizens in accordance with this paragraph.
                        ``(B) State allocations.--The Secretary of Health
                    and Human Services shall annually allocate the amounts
                    available in the State Impact Assistance Account among
                    the States as follows:
                                ``(i) Noncitizen population.--Eighty
                            percent of such amounts shall be allocated so
                            that each State receives the greater of--
                                        ``(I) $5,000,000; or
                                        ``(II) after adjusting for
                                    allocations under subclause (I), the
                                    percentage of the amount to be
                                    distributed under this clause that is
                                    equal to the noncitizen resident
                                    population of the State divided by the
                                    noncitizen resident population of all
                                    States, based on the most recent data
                                    available from the Bureau of the
                                    Census.
                                ``(ii) High growth rates.--Twenty percent
                            of such amounts shall be allocated among the 20
                            States with the largest growth rates in
                            noncitizen resident population, as determined
                            by the Secretary of Health and Human Services,
                            so that each such State receives the percentage
                            of the amount distributed under this clause
                            that is equal to--
                                        ``(I) the growth rate in the
                                    noncitizen resident population of the
                                    State during the most recent 3-year
                                    period for which data is available from
                                    the Bureau of the Census; divided by
                                        ``(II) the average growth rate in
                                    noncitizen resident population for the
                                    20 States during such 3-year period.
                                ``(iii) Legislative appropriations.--The
                            use of grant funds allocated to States under
                            this paragraph shall be subject to
                            appropriation by the legislature of each State
                            in accordance with the terms and conditions
                            under this paragraph.
                        ``(C) Funding for local government.--
                                ``(i) Distribution criteria.--Grant funds
                            received by States under this paragraph shall
                            be distributed to units of local government
                            based on need and function.
                                ``(ii) Minimum distribution.--Except as
                            provided in clause (iii), a State shall
                            distribute not less than 30 percent of the
                            grant funds received under this paragraph to
                            units of local government not later than 180
                            days after receiving such funds.
                                ``(iii) Exception.--If an eligible unit of
                            local government that is available to carry out
                            the activities described in subparagraph (D)
                            cannot be found in a State, the State does not
                            need to comply with clause (ii).
                                ``(iv) Unexpended funds.--Any grant funds
                            distributed by a State to a unit of local
                            government that remain unexpended as of the end
                            of the grant period shall revert to the State
                            for redistribution to another unit of local
                            government.
                        ``(D) Use of funds.--States and units of local
                    government shall use grant funds received under this
                    paragraph to provide health services, educational
                    services, and related services to noncitizens within
                    their jurisdiction directly, or through contracts with
                    eligible services providers, including--
                                ``(i) health care providers;
                                ``(ii) local educational agencies; and
                                ``(iii) charitable and religious
                            organizations.
                        ``(E) State defined.--In this paragraph, the term
                    `State' means each of the several States of the United
                    States, the District of Columbia, the Commonwealth of
                    Puerto Rico, the Virgin Islands, Guam, American Samoa,
                    and the Commonwealth of the Northern Mariana Islands.
                        ``(F) Certification.--In order to receive a payment
                    under this section, the State shall provide the
                    Secretary of Health and Human Services with a
                    certification that the State's proposed uses of the
                    fund are consistent with (D).
                        ``(G) Annual report.--The Secretary of Health and
                    Human Services shall inform the States annually of the
                    amount of funds available to each State under the
                    Program.''.

       Subtitle B--Agricultural Job Opportunities, Benefits, and Security

    SEC. 611. SHORT TITLE.

        This subtitle may be cited as the ``Agricultural Job Opportunities,
    Benefits, and Security Act of 2007'' or the ``AgJOBS Act of 2007''.

    SEC. 612. DEFINITIONS.

        In this subtitle:
                (1) Agricultural employment.--The term ``agricultural
            employment'' means any service or activity that is considered
            to be agricultural under section 3(f) of the Fair Labor
            Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor
            under section 3121(g) of the Internal Revenue Code of 1986 (26
            U.S.C. 3121(g)). For purposes of this paragraph, agricultural
            employment includes employment under section
            101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)(ii)(a)).
                (2) Blue card status.--The term ``blue card status'' means
            the status of an alien who has been lawfully admitted into the
            United States for temporary residence under section 613(a).
                (3) Employer.--The term ``employer'' means any person or
            entity, including any farm labor contractor and any
            agricultural association, that employs workers in agricultural
            employment.
                (4) Job opportunity.--The term ``job opportunity'' means a
            job opening for temporary full-time employment at a place in
            the United States to which United States workers can be
            referred.
                (5) Temporary.--A worker is employed on a ``temporary''
            basis where the employment is intended not to exceed 10 months.
                (6) United states worker.--The term ``United States
            worker'' means any worker, whether a United States citizen or
            national, a lawfully admitted permanent resident alien, or any
            other alien, who is authorized to work in the job opportunity
            within the United States, except an alien admitted or otherwise
            provided status under section 101(a)(15)(H)(ii)(a) of the
            Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)(H)(ii)(a)).
                (7) Work day.--The term ``work day'' means any day in which
            the individual is employed 5.75 or more hours in agricultural
            employment.

     CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
                                    WORKERS

    SEC. 613. AGRICULTURAL WORKERS.

        (a) Blue Card Program.--
                (1) In general.--Notwithstanding any other provision of
            law, the Secretary shall confer blue card status upon an alien
            who qualifies under this subsection if the Secretary determines
            that the alien--
                        (A) has performed agricultural employment in the
                    United States for at least 863 hours or 150 work days
                    during the 24-month period ending on December 31, 2005;
                        (B) applied for such status during the 18-month
                    application period beginning on the first day of the
                    seventh month that begins after the date of enactment
                    of this Act; and
                        (C) is otherwise admissible to the United States
                    under section 212 of the Immigration and Nationality
                    Act (8 U.S.C. 1182), except as otherwise provided under
                    subsection (e)(2).
                (2) Authorized travel.--An alien in blue card status has
            the right to travel abroad (including commutation from a
            residence abroad) in the same manner as an alien lawfully
            admitted for permanent residence.
                (3) Authorized employment.--An alien in blue card status
            shall be provided an ``employment authorized'' endorsement or
            other appropriate work permit, in the same manner as an alien
            lawfully admitted for permanent residence.
                (4) Termination of blue card status.--
                        (A) In general.--The Secretary may terminate blue
                    card status granted under this subsection only upon a
                    determination under this subtitle that the alien is
                    deportable.
                        (B) Grounds for termination of blue card status.--
                    Before any alien becomes eligible for adjustment of
                    status under subsection (c), the Secretary may deny
                    adjustment to permanent resident status and provide for
                    termination of the blue card status granted such alien
                    under paragraph (1) if--
                                (i) the Secretary finds, by a preponderance
                            of the evidence, that the adjustment to blue
                            card status was the result of fraud or willful
                            misrepresentation (as described in section
                            212(a)(6)(C)(i) of the Immigration and
                            Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                                (ii) the alien--
                                        (I) commits an act that makes the
                                    alien inadmissible to the United States
                                    as an immigrant, except as provided
                                    under subsection (e)(2);
                                        (II) is convicted of a felony or 3
                                    or more misdemeanors committed in the
                                    United States; or
                                        (III) is convicted of an offense,
                                    an element of which involves bodily
                                    injury, threat of serious bodily
                                    injury, or harm to property in excess
                                    of $500.
                (5) Record of employment.--
                        (A) In general.--Each employer of a worker granted
                    status under this subsection shall annually--
                                (i) provide a written record of employment
                            to the alien; and
                                (ii) provide a copy of such record to the
                            Secretary.
                        (B) Sunset.--The obligation under subparagraph (A)
                    shall terminate on the date that is 6 years after the
                    date of the enactment of this Act.
                (6) Required features of blue card.--The Secretary shall
            provide each alien granted blue card status and the spouse and
            children of each such alien residing in the United States with
            a card that contains--
                        (A) an encrypted, machine-readable, electronic
                    identification strip that is unique to the alien to
                    whom the card is issued;
                        (B) biometric identifiers, including fingerprints
                    and a digital photograph; and
                        (C) physical security features designed to prevent
                    tampering, counterfeiting, or duplication of the card
                    for fraudulent purposes.
                (7) Fine.--An alien granted blue card status shall pay a
            fine to the Secretary in an amount equal to $100.
                (8) Maximum number.--The Secretary may issue not more than
            1,500,000 blue cards during the 5-year period beginning on the
            date of the enactment of this Act.
        (b) Rights of Aliens Granted Blue Card Status.--
                (1) In general.--Except as otherwise provided under this
            subsection, an alien in blue card status shall be considered to
            be an alien lawfully admitted for permanent residence for
            purposes of any law other than any provision of the Immigration
            and Nationality Act (8 U.S.C. 1101 et seq.).
                (2) Delayed eligibility for certain federal public
            benefits.--An alien in blue card status shall not be eligible,
            by reason of such status, for any form of assistance or benefit
            described in section 403(a) of the Personal Responsibility and
            Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a))
            until 5 years after the date on which the Secretary confers
            blue card status upon that alien.
                (3) Terms of employment respecting aliens admitted under
            this section.--
                        (A) Prohibition.--No alien granted blue card status
                    may be terminated from employment by any employer
                    during the period of blue card status except for just
                    cause.
                        (B) Treatment of complaints.--
                                (i) Establishment of process.--The
                            Secretary shall establish a process for the
                            receipt, initial review, and disposition of
                            complaints by aliens granted blue card status
                            who allege that they have been terminated
                            without just cause. No proceeding shall be
                            conducted under this subparagraph with respect
                            to a termination unless the Secretary
                            determines that the complaint was filed not
                            later than 6 months after the date of the
                            termination.
                                (ii) Initiation of arbitration.--If the
                            Secretary finds that a complaint has been filed
                            in accordance with clause (i) and there is
                            reasonable cause to believe that the
                            complainant was terminated without just cause,
                            the Secretary shall initiate binding
                            arbitration proceedings by requesting the
                            Federal Mediation and Conciliation Service to
                            appoint a mutually agreeable arbitrator from
                            the roster of arbitrators maintained by such
                            Service for the geographical area in which the
                            employer is located. The procedures and rules
                            of such Service shall be applicable to the
                            selection of such arbitrator and to such
                            arbitration proceedings. The Secretary shall
                            pay the fee and expenses of the arbitrator,
                            subject to the availability of appropriations
                            for such purpose.
                                (iii) Arbitration proceedings.--The
                            arbitrator shall conduct the proceeding in
                            accordance with the policies and procedures
                            promulgated by the American Arbitration
                            Association applicable to private arbitration
                            of employment disputes. The arbitrator shall
                            make findings respecting whether the
                            termination was for just cause. The arbitrator
                            may not find that the termination was for just
                            cause unless the employer so demonstrates by a
                            preponderance of the evidence. If the
                            arbitrator finds that the termination was not
                            for just cause, the arbitrator shall make a
                            specific finding of the number of days or hours
                            of work lost by the employee as a result of the
                            termination. The arbitrator shall have no
                            authority to order any other remedy, including,
                            but not limited to, reinstatement, back pay, or
                            front pay to the affected employee. Within 30
                            days from the conclusion of the arbitration
                            proceeding, the arbitrator shall transmit the
                            findings in the form of a written opinion to
                            the parties to the arbitration and the
                            Secretary. Such findings shall be final and
                            conclusive, and no official or court of the
                            United States shall have the power or
                            jurisdiction to review any such findings.
                                (iv) Effect of arbitration findings.--If
                            the Secretary receives a finding of an
                            arbitrator that an employer has terminated an
                            alien granted blue card status without just
                            cause, the Secretary shall credit the alien for
                            the number of days or hours of work lost for
                            purposes of the requirement of subsection
                            (c)(1).
                                (v) Treatment of attorney's fees.--The
                            parties shall bear the cost of their own
                            attorney's fees involved in the litigation of
                            the complaint.
                                (vi) Nonexclusive remedy.--The complaint
                            process provided for in this subparagraph is in
                            addition to any other rights an employee may
                            have in accordance with applicable law.
                                (vii) Effect on other actions or
                            proceedings.--Any finding of fact or law,
                            judgment, conclusion, or final order made by an
                            arbitrator in the proceeding before the
                            Secretary shall not be conclusive or binding in
                            any separate or subsequent action or proceeding
                            between the employee and the employee's current
                            or prior employer brought before an arbitrator,
                            administrative agency, court, or judge of any
                            State or the United States, regardless of
                            whether the prior action was between the same
                            or related parties or involved the same facts,
                            except that the arbitrator's specific finding
                            of the number of days or hours of work lost by
                            the employee as a result of the employment
                            termination may be referred to the Secretary
                            pursuant to clause (iv).
                        (C) Civil penalties.--
                                (i) In general.--If the Secretary finds,
                            after notice and opportunity for a hearing,
                            that an employer of an alien granted blue card
                            status has failed to provide the record of
                            employment required under subsection (a)(5) or
                            has provided a false statement of material fact
                            in such a record, the employer shall be subject
                            to a civil money penalty in an amount not to
                            exceed $1,000 per violation.
                                (ii) Limitation.--The penalty applicable
                            under clause (i) for failure to provide records
                            shall not apply unless the alien has provided
                            the employer with evidence of employment
                            authorization granted under this section.
        (c) Adjustment to Permanent Residence.--
                (1) Agricultural workers.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary shall adjust the status of an alien
                    granted blue card status to that of an alien lawfully
                    admitted for permanent residence if the Secretary
                    determines that the following requirements are
                    satisfied:
                                (i) Qualifying employment.--The alien has
                            performed at least--
                                        (I) 5 years of agricultural
                                    employment in the United States, for at
                                    least 100 work days or 575 hours, but
                                    in no case less than 575 hours per
                                    year, during the 5-year period
                                    beginning on the date of the enactment
                                    of this Act; or
                                        (II) 3 years of agricultural
                                    employment in the United States, for at
                                    least 150 work days or 863 hours, but
                                    in no case less than 863 hours per
                                    year, during the 5-year period
                                    beginning on the date of the enactment
                                    of this Act.
                                (ii) Proof.--An alien may demonstrate
                            compliance with the requirement under clause
                            (i) by submitting--
                                        (I) the record of employment
                                    described in subsection (a)(5); or
                                        (II) such documentation as may be
                                    submitted under subsection (d)(3).
                                (iii) Extraordinary circumstances.--In
                            determining whether an alien has met the
                            requirement under clause (i)(I), the Secretary
                            may credit the alien with not more than 12
                            additional months to meet the requirement under
                            clause (i) if the alien was unable to work in
                            agricultural employment due to--
                                        (I) pregnancy, injury, or disease,
                                    if the alien can establish such
                                    pregnancy, disabling injury, or disease
                                    through medical records;
                                        (II) illness, disease, or other
                                    special needs of a minor child, if the
                                    alien can establish such illness,
                                    disease, or special needs through
                                    medical records; or
                                        (III) severe weather conditions
                                    that prevented the alien from engaging
                                    in agricultural employment for a
                                    significant period of time.
                                (iv) Application period.--The alien applies
                            for adjustment of status not later than 7 years
                            after the date of the enactment of this Act.
                                (v) Fine.--The alien pays a fine to the
                            Secretary in an amount equal to $400.
                        (B) Grounds for denial of adjustment of status.--
                    The Secretary may deny an alien adjustment to permanent
                    resident status, and provide for termination of the
                    blue card status granted such alien, if--
                                (i) the Secretary finds by a preponderance
                            of the evidence that the adjustment to blue
                            card status was the result of fraud or willful
                            misrepresentation, as described in section
                            212(a)(6)(C)(i) of the Immigration and
                            Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                                (ii) the alien--
                                        (I) commits an act that makes the
                                    alien inadmissible to the United States
                                    under section 212 of the Immigration
                                    and Nationality Act (8 U.S.C. 1182),
                                    except as provided under subsection
                                    (e)(2);
                                        (II) is convicted of a felony or 3
                                    or more misdemeanors committed in the
                                    United States; or
                                        (III) is convicted of a single
                                    misdemeanor for which the actual
                                    sentence served is 6 months or longer.
                        (C) Grounds for removal.--Any alien granted blue
                    card status who does not apply for adjustment of status
                    under this subsection before the expiration of the
                    application period described in subparagraph (A)(iv),
                    or who fails to meet the other requirements of
                    subparagraph (A) by the end of the applicable period,
                    is deportable and may be removed under section 240 of
                    the Immigration and Nationality Act (8 U.S.C. 1229a).
                        (D) Payment of taxes.--
                                (i) In general.--Not later than the date on
                            which an alien's status is adjusted under this
                            subsection, the alien shall establish the
                            payment of any applicable Federal tax liability
                            by establishing that--
                                        (I) no such tax liability exists;
                                        (II) all outstanding liabilities
                                    have been paid; or
                                        (III) the alien has entered into an
                                    agreement for payment of all
                                    outstanding liabilities with the
                                    Internal Revenue Service.
                                (ii) Applicable federal tax liability.--For
                            purposes of clause (i), the term ``applicable
                            Federal tax liability'' means liability for
                            Federal taxes, including penalties and
                            interest, owed for any year during the period
                            of employment required under paragraph (1)(A)
                            for which the statutory period for assessment
                            of any deficiency for such taxes has not
                            expired.
                                (iii) IRS cooperation.--The Secretary of
                            the Treasury shall establish rules and
                            procedures under which the Commissioner of
                            Internal Revenue shall provide documentation to
                            an alien upon request to establish the payment
                            of all taxes required by this subparagraph.
                (2) Spouses and minor children.--
                        (A) In general.--Notwithstanding any other
                    provision of law, the Secretary shall confer the status
                    of lawful permanent resident on the spouse and minor
                    child of an alien granted status under paragraph (1),
                    including any individual who was a minor child on the
                    date such alien was granted blue card status, if the
                    spouse or minor child applies for such status, or if
                    the principal alien includes the spouse or minor child
                    in an application for adjustment of status to that of a
                    lawful permanent resident.
                        (B) Treatment of spouses and minor children before
                    adjustment of status.--
                                (i) Removal.--The spouse and any minor
                            child of an alien granted blue card status may
                            not be removed while such alien maintains such
                            status, except as provided in subparagraph (C).
                                (ii) Travel.--The spouse and any minor
                            child of an alien granted blue card status may
                            travel outside the United States in the same
                            manner as an alien lawfully admitted for
                            permanent residence.
                                (iii) Employment.--The spouse of an alien
                            granted blue card status may apply to the
                            Secretary for a work permit to authorize such
                            spouse to engage in any lawful employment in
                            the United States while such alien maintains
                            blue card status.
                        (C) Grounds for denial of adjustment of status and
                    removal.--The Secretary may deny an alien spouse or
                    child adjustment of status under subparagraph (A) and
                    may remove such spouse or child under section 240 of
                    the Immigration and Nationality Act (8 U.S.C. 1229a) if
                    the spouse or child--
                                (i) commits an act that makes the alien
                            spouse or child inadmissible to the United
                            States under section 212 of such Act (8 U.S.C.
                            1182), except as provided under subsection
                            (e)(2);
                                (ii) is convicted of a felony or 3 or more
                            misdemeanors committed in the United States; or
                                (iii) is convicted of a single misdemeanor
                            for which the actual sentence served is 6
                            months or longer.
        (d) Applications.--
                (1) To whom may be made.--The Secretary shall provide
            that--
                        (A) applications for blue card status may be
                    filed--
                                (i) with the Secretary, but only if the
                            applicant is represented by an attorney or a
                            non-profit religious, charitable, social
                            service, or similar organization recognized by
                            the Board of Immigration Appeals under section
                            292.2 of title 8, Code of Federal Regulations;
                            or
                                (ii) with a qualified designated entity
                            (designated under paragraph (2)), but only if
                            the applicant consents to the forwarding of the
                            application to the Secretary; and
                        (B) applications for adjustment of status under
                    subsection (c) shall be filed directly with the
                    Secretary.
                (2) Designation of entities to receive applications.--
                        (A) In general.--For purposes of receiving
                    applications under subsection (a), the Secretary--
                                (i) shall designate qualified farm labor
                            organizations and associations of employers;
                            and
                                (ii) may designate such other persons as
                            the Secretary determines are qualified and have
                            substantial experience, demonstrate competence,
                            and have traditional long-term involvement in
                            the preparation and submission of applications
                            for adjustment of status under section 209,
                            210, or 245 of the Immigration and Nationality
                            Act, Public Law 89-732, Public Law 95-145, or
                            the Immigration Reform and Control Act of 1986.
                        (B) References.--Organizations, associations, and
                    persons designated under subparagraph (A) are referred
                    to in this subtitle as ``qualified designated
                    entities''.
                (3) Proof of eligibility.--
                        (A) In general.--An alien may establish that the
                    alien meets the requirement of subsection (a)(1)(A) or
                    (c)(1)(A) through government employment records or
                    records supplied by employers or collective bargaining
                    organizations, and other reliable documentation as the
                    alien may provide. The Secretary shall establish
                    special procedures to properly credit work in cases in
                    which an alien was employed under an assumed name.
                        (B) Documentation of work history.--
                                (i) Burden of proof.--An alien applying for
                            status under subsection (a)(1) or (c)(1) has
                            the burden of proving by a preponderance of the
                            evidence that the alien has worked the
                            requisite number of hours or days (as required
                            under subsection (a)(1)(A) or (c)(1)(A)).
                                (ii) Timely production of records.--If an
                            employer or farm labor contractor employing
                            such an alien has kept proper and adequate
                            records respecting such employment, the alien's
                            burden of proof under clause (i) may be met by
                            securing timely production of those records
                            under regulations to be promulgated by the
                            Secretary.
                                (iii) Sufficient evidence.--An alien can
                            meet the burden of proof under clause (i) to
                            establish that the alien has performed the work
                            described in subsection (a)(1)(A) or (c)(1)(A)
                            by producing sufficient evidence to show the
                            extent of that employment as a matter of just
                            and reasonable inference.
                (4) Treatment of applications by qualified designated
            entities.--Each qualified designated entity shall agree to
            forward to the Secretary applications filed with it in
            accordance with paragraph (1)(A)(ii) but shall not forward to
            the Secretary applications filed with it unless the applicant
            has consented to such forwarding. No such entity may make a
            determination required by this section to be made by the
            Secretary. Upon the request of the alien, a qualified
            designated entity shall assist the alien in obtaining
            documentation of the work history of the alien.
                (5) Limitation on access to information.--Files and records
            prepared for purposes of this subsection by qualified
            designated entities operating under this subsection are
            confidential and the Secretary shall not have access to such
            files or records relating to an alien without the consent of
            the alien, except as allowed by a court order issued pursuant
            to paragraph (6).
                (6) Confidentiality of information.--
                        (A) In general.--Except as otherwise provided in
                    this subsection, neither the Secretary, nor any other
                    official or employee of the Department, or a bureau or
                    agency of the Department, may--
                                (i) use the information furnished by the
                            applicant pursuant to an application filed
                            under this section, the information provided to
                            the applicant by a person designated under
                            paragraph (2)(A), or any information provided
                            by an employer or former employer, for any
                            purpose other than to make a determination on
                            the application, or for enforcement of
                            paragraph (7);
                                (ii) make any publication whereby the
                            information furnished by any particular
                            individual can be identified; or
                                (iii) permit anyone other than the sworn
                            officers and employees of the Department, or a
                            bureau or agency of the Department, or, with
                            respect to applications filed with a qualified
                            designated entity, that qualified designated
                            entity, to examine individual applications.
                        (B) Required disclosures.--The Secretary shall
                    provide the information furnished under this section,
                    or any other information derived from such furnished
                    information, to--
                                (i) a duly recognized law enforcement
                            entity in connection with a criminal
                            investigation or prosecution, if such
                            information is requested in writing by such
                            entity; or
                                (ii) an official coroner, for purposes of
                            affirmatively identifying a deceased
                            individual, whether or not the death of such
                            individual resulted from a crime.
                        (C) Construction.--
                                (i) In general.--Nothing in this paragraph
                            shall be construed to limit the use, or
                            release, for immigration enforcement purposes
                            or law enforcement purposes of information
                            contained in files or records of the Department
                            pertaining to an application filed under this
                            section, other than information furnished by an
                            applicant pursuant to the application, or any
                            other information derived from the application,
                            that is not available from any other source.
                                (ii) Criminal convictions.--Information
                            concerning whether the applicant has at any
                            time been convicted of a crime may be used or
                            released for immigration enforcement or law
                            enforcement purposes.
                        (D) Crime.--Any person who knowingly uses,
                    publishes, or permits information to be examined in
                    violation of this paragraph shall be subject to a fine
                    in an amount not to exceed $10,000.
                (7) Penalties for false statements in applications.--
                        (A) Criminal penalty.--Any person who--
                                (i) files an application for status under
                            subsection (a) or (c) and knowingly and
                            willfully falsifies, conceals, or covers up a
                            material fact or makes any false, fictitious,
                            or fraudulent statements or representations, or
                            makes or uses any false writing or document
                            knowing the same to contain any false,
                            fictitious, or fraudulent statement or entry;
                            or
                                (ii) creates or supplies a false writing or
                            document for use in making such an application,
                    shall be fined in accordance with title 18, United
                    States Code, imprisoned not more than 5 years, or both.
                        (B) Inadmissibility.--An alien who is convicted of
                    a crime under subparagraph (A) shall be considered to
                    be inadmissible to the United States on the ground
                    described in section 212(a)(6)(C)(i) of the Immigration
                    and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
                (8) Eligibility for legal services.--Section 504(a)(11) of
            Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
            construed to prevent a recipient of funds under the Legal
            Services Corporation Act (42 U.S.C. 2996 et seq.) from
            providing legal assistance directly related to an application
            for adjustment of status under this section.
                (9) Application fees.--
                        (A) Fee schedule.--The Secretary shall provide for
                    a schedule of fees that--
                                (i) shall be charged for the filing of
                            applications for status under subsections (a)
                            and (c); and
                                (ii) may be charged by qualified designated
                            entities to help defray the costs of services
                            provided to such applicants.
                        (B) Prohibition on excess fees by qualified
                    designated entities.--A qualified designated entity may
                    not charge any fee in excess of, or in addition to, the
                    fees authorized under subparagraph (A)(ii) for services
                    provided to applicants.
                        (C) Disposition of fees.--
                                (i) In general.--There is established in
                            the general fund of the Treasury a separate
                            account, which shall be known as the
                            ``Agricultural Worker Immigration Status
                            Adjustment Account''. Notwithstanding any other
                            provision of law, there shall be deposited as
                            offsetting receipts into the account all fees
                            collected under subparagraph (A)(i).
                                (ii) Use of fees for application
                            processing.--Amounts deposited in the
                            ``Agricultural Worker Immigration Status
                            Adjustment Account'' shall remain available to
                            the Secretary until expended for processing
                            applications for status under subsections (a)
                            and (c).
        (e) Waiver of Numerical Limitations and Certain Grounds for
    Inadmissibility.--
                (1) Numerical limitations do not apply.--The numerical
            limitations of sections 201 and 202 of the Immigration and
            Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the
            adjustment of aliens to lawful permanent resident status under
            this section.
                (2) Waiver of certain grounds of inadmissibility.--In the
            determination of an alien's eligibility for status under
            subsection (a)(1)(C) or an alien's eligibility for adjustment
            of status under subsection (c)(1)(B)(ii)(I), the following
            rules shall apply:
                        (A) Grounds of exclusion not applicable.--The
                    provisions of paragraphs (5), (6)(A), (7), and (9) of
                    section 212(a) of the Immigration and Nationality Act
                    (8 U.S.C. 1182(a)) shall not apply.
                        (B) Waiver of other grounds.--
                                (i) In general.--Except as provided in
                            clause (ii), the Secretary may waive any other
                            provision of such section 212(a) in the case of
                            individual aliens for humanitarian purposes, to
                            ensure family unity, or if otherwise in the
                            public interest.
                                (ii) Grounds that may not be waived.--
                            Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4)
                            of such section 212(a) may not be waived by the
                            Secretary under clause (i).
                                (iii) Construction.--Nothing in this
                            subparagraph shall be construed as affecting
                            the authority of the Secretary other than under
                            this subparagraph to waive provisions of such
                            section 212(a).
                        (C) Special rule for determination of public
                    charge.--An alien is not ineligible for status under
                    this section by reason of a ground of inadmissibility
                    under section 212(a)(4) of the Immigration and
                    Nationality Act (8 U.S.C. 1182(a)(4)) if the alien
                    demonstrates a history of employment in the United
                    States evidencing self-support without reliance on
                    public cash assistance.
        (f) Temporary Stay of Removal and Work Authorization for Certain
    Applicants.--
                (1) Before application period.--Effective on the date of
            enactment of this Act, the Secretary shall provide that, in the
            case of an alien who is apprehended before the beginning of the
            application period described in subsection (a)(1)(B) and who
            can establish a nonfrivolous case of eligibility for blue card
            status (but for the fact that the alien may not apply for such
            status until the beginning of such period), until the alien has
            had the opportunity during the first 30 days of the application
            period to complete the filing of an application for blue card
            status, the alien--
                        (A) may not be removed; and
                        (B) shall be granted authorization to engage in
                    employment in the United States and be provided an
                    ``employment authorized'' endorsement or other
                    appropriate work permit for such purpose.
                (2) During application period.--The Secretary shall provide
            that, in the case of an alien who presents a nonfrivolous
            application for blue card status during the application period
            described in subsection (a)(1)(B), including an alien who files
            such an application within 30 days of the alien's apprehension,
            and until a final determination on the application has been
            made in accordance with this section, the alien--
                        (A) may not be removed; and
                        (B) shall be granted authorization to engage in
                    employment in the United States and be provided an
                    ``employment authorized'' endorsement or other
                    appropriate work permit for such purpose.
        (g) Administrative and Judicial Review.--
                (1) In general.--There shall be no administrative or
            judicial review of a determination respecting an application
            for status under subsection (a) or (c) except in accordance
            with this subsection.
                (2) Administrative review.--
                        (A) Single level of administrative appellate
                    review.--The Secretary shall establish an appellate
                    authority to provide for a single level of
                    administrative appellate review of such a
                    determination.
                        (B) Standard for review.--Such administrative
                    appellate review shall be based solely upon the
                    administrative record established at the time of the
                    determination on the application and upon such
                    additional or newly discovered evidence as may not have
                    been available at the time of the determination.
                (3) Judicial review.--
                        (A) Limitation to review of removal.--There shall
                    be judicial review of such a determination only in the
                    judicial review of an order of removal under section
                    242 of the Immigration and Nationality Act (8 U.S.C.
                    1252).
                        (B) Standard for judicial review.--Such judicial
                    review shall be based solely upon the administrative
                    record established at the time of the review by the
                    appellate authority and the findings of fact and
                    determinations contained in such record shall be
                    conclusive unless the applicant can establish abuse of
                    discretion or that the findings are directly contrary
                    to clear and convincing facts contained in the record
                    considered as a whole.
        (h) Dissemination of Information on Adjustment Program.--Beginning
    not later than the first day of the application period described in
    subsection (a)(1)(B), the Secretary, in cooperation with qualified
    designated entities, shall broadly disseminate information respecting
    the benefits that aliens may receive under this section and the
    requirements to be satisfied to obtain such benefits.
        (i) Regulations.--The Secretary shall issue regulations to
    implement this section not later than the first day of the seventh
    month that begins after the date of enactment of this Act.
        (j) Effective Date.--This section shall take effect on the date
    that regulations are issued implementing this section on an interim or
    other basis.
        (k) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section $40,000,000 for
    each of the fiscal years 2008 through 2012.

    SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

        (a) In General.--Section 208(d)(1) of the Social Security Act (42
    U.S.C. 408(d)(1)) is amended--
                (1) in subparagraph (B)(ii), by striking ``or'' at the end;
                (2) in subparagraph (C), by inserting ``or'' at the end;
                (3) by inserting after subparagraph (C) the following:
                ``(D) who is granted blue card status under the AgJOBS Act
            of 2007,''; and
                (4) by striking ``1990.'' and inserting ``1990, or in the
            case of an alien described in subparagraph (D), if such conduct
            is alleged to have occurred before the date on which the alien
            was granted blue card status.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on the first day of the seventh month that begins after the
    date of the enactment of this Act.

                    CHAPTER 2--REFORM OF H-2A WORKER PROGRAM

    SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

        (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended--
                (1) by striking section 218 and inserting the following:

    ``SEC. 218. H-2A EMPLOYER APPLICATIONS.

        ``(a) Applications to the Secretary of Labor.--
                ``(1) In general.--No alien may be admitted to the United
            States as an H-2A worker, or otherwise provided status as an H-
            2A worker, unless the employer has filed with the Secretary of
            Labor an application containing--
                        ``(A) the assurances described in subsection (b);
                        ``(B) a description of the nature and location of
                    the work to be performed;
                        ``(C) the anticipated period (expected beginning
                    and ending dates) for which the workers will be needed;
                    and
                        ``(D) the number of job opportunities in which the
                    employer seeks to employ the workers.
                ``(2) Accompanied by job offer.--Each application filed
            under paragraph (1) shall be accompanied by a copy of the job
            offer describing the wages and other terms and conditions of
            employment and the bona fide occupational qualifications that
            shall be possessed by a worker to be employed in the job
            opportunity in question.
        ``(b) Assurances for Inclusion in Applications.--The assurances
    referred to in subsection (a)(1) are the following:
                ``(1) Job opportunities covered by collective bargaining
            agreements.--With respect to a job opportunity that is covered
            under a collective bargaining agreement:
                        ``(A) Union contract described.--The job
                    opportunity is covered by a union contract which was
                    negotiated at arm's length between a bona fide union
                    and the employer.
                        ``(B) Strike or lockout.--The specific job
                    opportunity for which the employer is requesting an H-
                    2A worker is not vacant because the former occupant is
                    on strike or being locked out in the course of a labor
                    dispute.
                        ``(C) Notification of bargaining representatives.--
                    The employer, at the time of filing the application,
                    has provided notice of the filing under this paragraph
                    to the bargaining representative of the employer's
                    employees in the occupational classification at the
                    place or places of employment for which aliens are
                    sought.
                        ``(D) Temporary or seasonal job opportunities.--The
                    job opportunity is temporary or seasonal.
                        ``(E) Offers to united states workers.--The
                    employer has offered or will offer the job to any
                    eligible United States worker who applies and is
                    equally or better qualified for the job for which the
                    nonimmigrant is, or the nonimmigrants are, sought and
                    who will be available at the time and place of need.
                        ``(F) Provision of insurance.--If the job
                    opportunity is not covered by the State workers'
                    compensation law, the employer will provide, at no cost
                    to the worker, insurance covering injury and disease
                    arising out of, and in the course of, the worker's
                    employment which will provide benefits at least equal
                    to those provided under the State's workers'
                    compensation law for comparable employment.
                ``(2) Job opportunities not covered by collective
            bargaining agreements.--With respect to a job opportunity that
            is not covered under a collective bargaining agreement:
                        ``(A) Strike or lockout.--The specific job
                    opportunity for which the employer is requesting an H-
                    2A worker is not vacant because the former occupant is
                    on strike or being locked out in the course of a labor
                    dispute.
                        ``(B) Temporary or seasonal job opportunities.--The
                    job opportunity is temporary or seasonal.
                        ``(C) Benefit, wage, and working conditions.--The
                    employer will provide, at a minimum, the benefits,
                    wages, and working conditions required by section 218E
                    to all workers employed in the job opportunities for
                    which the employer has applied under subsection (a) and
                    to all other workers in the same occupation at the
                    place of employment.
                        ``(D) Nondisplacement of united states workers.--
                    The employer did not displace and will not displace a
                    United States worker employed by the employer during
                    the period of employment and for a period of 30 days
                    preceding the period of employment in the occupation at
                    the place of employment for which the employer seeks
                    approval to employ H-2A workers.
                        ``(E) Requirements for placement of nonimmigrant
                    with other employers.--The employer will not place the
                    nonimmigrant with another employer unless--
                                ``(i) the nonimmigrant performs duties in
                            whole or in part at 1 or more work sites owned,
                            operated, or controlled by such other employer;
                                ``(ii) there are indicia of an employment
                            relationship between the nonimmigrant and such
                            other employer; and
                                ``(iii) the employer has inquired of the
                            other employer as to whether, and has no actual
                            knowledge or notice that, during the period of
                            employment and for a period of 30 days
                            preceding the period of employment, the other
                            employer has displaced or intends to displace a
                            United States worker employed by the other
                            employer in the occupation at the place of
                            employment for which the employer seeks
                            approval to employ H-2A workers.
                        ``(F) Statement of liability.--The application form
                    shall include a clear statement explaining the
                    liability under subparagraph (E) of an employer if the
                    other employer described in such subparagraph displaces
                    a United States worker as described in such
                    subparagraph.
                        ``(G) Provision of insurance.--If the job
                    opportunity is not covered by the State workers'
                    compensation law, the employer will provide, at no cost
                    to the worker, insurance covering injury and disease
                    arising out of and in the course of the worker's
                    employment which will provide benefits at least equal
                    to those provided under the State's workers'
                    compensation law for comparable employment.
                        ``(H) Employment of united states workers.--
                                ``(i) Recruitment.--The employer has taken
                            or will take the following steps to recruit
                            United States workers for the job opportunities
                            for which the H-2A nonimmigrant is, or H-2A
                            nonimmigrants are, sought:
                                        ``(I) Contacting former workers.--
                                    The employer shall make reasonable
                                    efforts through the sending of a letter
                                    by United States Postal Service mail,
                                    or otherwise, to contact any United
                                    States worker the employer employed
                                    during the previous season in the
                                    occupation at the place of intended
                                    employment for which the employer is
                                    applying for workers and has made the
                                    availability of the employer's job
                                    opportunities in the occupation at the
                                    place of intended employment known to
                                    such previous workers, unless the
                                    worker was terminated from employment
                                    by the employer for a lawful job-
                                    related reason or abandoned the job
                                    before the worker completed the period
                                    of employment of the job opportunity
                                    for which the worker was hired.
                                        ``(II) Filing a job offer with the
                                    local office of the state employment
                                    security agency.--Not later than 28
                                    days before the date on which the
                                    employer desires to employ an H-2A
                                    worker in a temporary or seasonal
                                    agricultural job opportunity, the
                                    employer shall submit a copy of the job
                                    offer described in subsection (a)(2) to
                                    the local office of the State
                                    employment security agency which serves
                                    the area of intended employment and
                                    authorize the posting of the job
                                    opportunity on `America's Job Bank' or
                                    other electronic job registry, except
                                    that nothing in this subclause shall
                                    require the employer to file an
                                    interstate job order under section 653
                                    of title 20, Code of Federal
                                    Regulations.
                                        ``(III) Advertising of job
                                    opportunities.--Not later than 14 days
                                    before the date on which the employer
                                    desires to employ an H-2A worker in a
                                    temporary or seasonal agricultural job
                                    opportunity, the employer shall
                                    advertise the availability of the job
                                    opportunities for which the employer is
                                    seeking workers in a publication in the
                                    local labor market that is likely to be
                                    patronized by potential farm workers.
                                        ``(IV) Emergency procedures.--The
                                    Secretary of Labor shall, by
                                    regulation, provide a procedure for
                                    acceptance and approval of applications
                                    in which the employer has not complied
                                    with the provisions of this
                                    subparagraph because the employer's
                                    need for H-2A workers could not
                                    reasonably have been foreseen.
                                ``(ii) Job offers.--The employer has
                            offered or will offer the job to any eligible
                            United States worker who applies and is equally
                            or better qualified for the job for which the
                            nonimmigrant is, or nonimmigrants are, sought
                            and who will be available at the time and place
                            of need.
                                ``(iii) Period of employment.--The employer
                            will provide employment to any qualified United
                            States worker who applies to the employer
                            during the period beginning on the date on
                            which the foreign worker departs for the
                            employer's place of employment and ending on
                            the date on which 50 percent of the period of
                            employment for which the foreign worker who is
                            in the job was hired has elapsed, subject to
                            the following requirements:
                                        ``(I) Prohibition.--No person or
                                    entity shall willfully and knowingly
                                    withhold United States workers before
                                    the arrival of H-2A workers in order to
                                    force the hiring of United States
                                    workers under this clause.
                                        ``(II) Complaints.--Upon receipt of
                                    a complaint by an employer that a
                                    violation of subclause (I) has
                                    occurred, the Secretary of Labor shall
                                    immediately investigate. The Secretary
                                    of Labor shall, within 36 hours of the
                                    receipt of the complaint, issue
                                    findings concerning the alleged
                                    violation. If the Secretary of Labor
                                    finds that a violation has occurred,
                                    the Secretary of Labor shall
                                    immediately suspend the application of
                                    this clause with respect to that
                                    certification for that date of need.
                                        ``(III) Placement of united states
                                    workers.--Before referring a United
                                    States worker to an employer during the
                                    period described in the matter
                                    preceding subclause (I), the Secretary
                                    of Labor shall make all reasonable
                                    efforts to place the United States
                                    worker in an open job acceptable to the
                                    worker, if there are other job offers
                                    pending with the job service that offer
                                    similar job opportunities in the area
                                    of intended employment.
                                ``(iv) Statutory construction.--Nothing in
                            this subparagraph shall be construed to
                            prohibit an employer from using such legitimate
                            selection criteria relevant to the type of job
                            that are normal or customary to the type of job
                            involved so long as such criteria are not
                            applied in a discriminatory manner.
        ``(c) Applications by Associations on Behalf of Employer Members.--
                ``(1) In general.--An agricultural association may file an
            application under subsection (a) on behalf of 1 or more of its
            employer members that the association certifies in its
            application has or have agreed in writing to comply with the
            requirements of this section and sections 218E through 218G.
                ``(2) Treatment of associations acting as employers.--If an
            association filing an application under paragraph (1) is a
            joint or sole employer of the temporary or seasonal
            agricultural workers requested on the application, the
            certifications granted under subsection (e)(2)(B) to the
            association may be used for the certified job opportunities of
            any of its producer members named on the application, and such
            workers may be transferred among such producer members to
            perform the agricultural services of a temporary or seasonal
            nature for which the certifications were granted.
        ``(d) Withdrawal of Applications.--
                ``(1) In general.--An employer may withdraw an application
            filed pursuant to subsection (a), except that if the employer
            is an agricultural association, the association may withdraw an
            application filed pursuant to subsection (a) with respect to 1
            or more of its members. To withdraw an application, the
            employer or association shall notify the Secretary of Labor in
            writing, and the Secretary of Labor shall acknowledge in
            writing the receipt of such withdrawal notice. An employer who
            withdraws an application under subsection (a), or on whose
            behalf an application is withdrawn, is relieved of the
            obligations undertaken in the application.
                ``(2) Limitation.--An application may not be withdrawn
            while any alien provided status under section
            101(a)(15)(H)(ii)(a) pursuant to such application is employed
            by the employer.
                ``(3) Obligations under other statutes.--Any obligation
            incurred by an employer under any other law or regulation as a
            result of the recruitment of United States workers or H-2A
            workers under an offer of terms and conditions of employment
            required as a result of making an application under subsection
            (a) is unaffected by withdrawal of such application.
        ``(e) Review and Approval of Applications.--
                ``(1) Responsibility of employers.--The employer shall make
            available for public examination, within 1 working day after
            the date on which an application under subsection (a) is filed,
            at the employer's principal place of business or work site, a
            copy of each such application (and such accompanying documents
            as are necessary).
                ``(2) Responsibility of the secretary of labor.--
                        ``(A) Compilation of list.--The Secretary of Labor
                    shall compile, on a current basis, a list (by employer
                    and by occupational classification) of the applications
                    filed under this subsection. Such list shall include
                    the wage rate, number of workers sought, period of
                    intended employment, and date of need. The Secretary of
                    Labor shall make such list available for examination in
                    the District of Columbia.
                        ``(B) Review of applications.--The Secretary of
                    Labor shall review such an application only for
                    completeness and obvious inaccuracies. Unless the
                    Secretary of Labor finds that the application is
                    incomplete or obviously inaccurate, the Secretary of
                    Labor shall certify that the intending employer has
                    filed with the Secretary of Labor an application as
                    described in subsection (a). Such certification shall
                    be provided within 7 days of the filing of the
                    application.''; and
                (2) by inserting after section 218D, as added by section
            601 of this Act, the following:

    ``SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.

        ``(a) Preferential Treatment of Aliens Prohibited.--Employers
    seeking to hire United States workers shall offer the United States
    workers no less than the same benefits, wages, and working conditions
    that the employer is offering, intends to offer, or will provide to H-
    2A workers. Conversely, no job offer may impose on United States
    workers any restrictions or obligations which will not be imposed on
    the employer's H-2A workers.
        ``(b) Minimum Benefits, Wages, and Working Conditions.--Except in
    cases where higher benefits, wages, or working conditions are required
    by the provisions of subsection (a), in order to protect similarly
    employed United States workers from adverse effects with respect to
    benefits, wages, and working conditions, every job offer which shall
    accompany an application under section 218(b)(2) shall include each of
    the following benefit, wage, and working condition provisions:
                ``(1) Requirement to provide housing or a housing
            allowance.--
                        ``(A) In general.--An employer applying under
                    section 218(a) for H-2A workers shall offer to provide
                    housing at no cost to all workers in job opportunities
                    for which the employer has applied under that section
                    and to all other workers in the same occupation at the
                    place of employment, whose place of residence is beyond
                    normal commuting distance.
                        ``(B) Type of housing.--In complying with
                    subparagraph (A), an employer may, at the employer's
                    election, provide housing that meets applicable Federal
                    standards for temporary labor camps or secure housing
                    that meets applicable local standards for rental or
                    public accommodation housing or other substantially
                    similar class of habitation, or in the absence of
                    applicable local standards, State standards for rental
                    or public accommodation housing or other substantially
                    similar class of habitation. In the absence of
                    applicable local or State standards, Federal temporary
                    labor camp standards shall apply.
                        ``(C) Family housing.--When it is the prevailing
                    practice in the occupation and area of intended
                    employment to provide family housing, family housing
                    shall be provided to workers with families who request
                    it.
                        ``(D) Workers engaged in the range production of
                    livestock.--The Secretary of Labor shall issue
                    regulations that address the specific requirements for
                    the provision of housing to workers engaged in the
                    range production of livestock.
                        ``(E) Limitation.--Nothing in this paragraph shall
                    be construed to require an employer to provide or
                    secure housing for persons who were not entitled to
                    such housing under the temporary labor certification
                    regulations in effect on June 1, 1986.
                        ``(F) Charges for housing.--
                                ``(i) Charges for public housing.--If
                            public housing provided for migrant
                            agricultural workers under the auspices of a
                            local, county, or State government is secured
                            by an employer, and use of the public housing
                            unit normally requires charges from migrant
                            workers, such charges shall be paid by the
                            employer directly to the appropriate individual
                            or entity affiliated with the housing's
                            management.
                                ``(ii) Deposit charges.--Charges in the
                            form of deposits for bedding or other similar
                            incidentals related to housing shall not be
                            levied upon workers by employers who provide
                            housing for their workers. An employer may
                            require a worker found to have been responsible
                            for damage to such housing which is not the
                            result of normal wear and tear related to
                            habitation to reimburse the employer for the
                            reasonable cost of repair of such damage.
                        ``(G) Housing allowance as alternative.--
                                ``(i) In general.--If the requirement under
                            clause (ii) is satisfied, the employer may
                            provide a reasonable housing allowance instead
                            of offering housing under subparagraph (A).
                            Upon the request of a worker seeking assistance
                            in locating housing, the employer shall make a
                            good faith effort to assist the worker in
                            identifying and locating housing in the area of
                            intended employment. An employer who offers a
                            housing allowance to a worker, or assists a
                            worker in locating housing which the worker
                            occupies, pursuant to this clause shall not be
                            deemed a housing provider under section 203 of
                            the Migrant and Seasonal Agricultural Worker
                            Protection Act (29 U.S.C. 1823) solely by
                            virtue of providing such housing allowance. No
                            housing allowance may be used for housing which
                            is owned or controlled by the employer.
                                ``(ii) Certification.--The requirement of
                            this clause is satisfied if the Governor of the
                            State certifies to the Secretary of Labor that
                            there is adequate housing available in the area
                            of intended employment for migrant farm
                            workers, and H-2A workers, who are seeking
                            temporary housing while employed at farm work.
                            Such certification shall expire after 3 years
                            unless renewed by the Governor of the State.
                                ``(iii) Amount of allowance.--
                                        ``(I) Nonmetropolitan counties.--If
                                    the place of employment of the workers
                                    provided an allowance under this
                                    subparagraph is a nonmetropolitan
                                    county, the amount of the housing
                                    allowance under this subparagraph shall
                                    be equal to the statewide average fair
                                    market rental for existing housing for
                                    nonmetropolitan counties for the State,
                                    as established by the Secretary of
                                    Housing and Urban Development pursuant
                                    to section 8(c) of the United States
                                    Housing Act of 1937 (42 U.S.C.
                                    1437f(c)), based on a 2 bedroom
                                    dwelling unit and an assumption of 2
                                    persons per bedroom.
                                        ``(II) Metropolitan counties.--If
                                    the place of employment of the workers
                                    provided an allowance under this
                                    paragraph is in a metropolitan county,
                                    the amount of the housing allowance
                                    under this subparagraph shall be equal
                                    to the statewide average fair market
                                    rental for existing housing for
                                    metropolitan counties for the State, as
                                    established by the Secretary of Housing
                                    and Urban Development pursuant to
                                    section 8(c) of the United States
                                    Housing Act of 1937 (42 U.S.C.
                                    1437f(c)), based on a 2-bedroom
                                    dwelling unit and an assumption of 2
                                    persons per bedroom.
                ``(2) Reimbursement of transportation.--
                        ``(A) To place of employment.--A worker who
                    completes 50 percent of the period of employment of the
                    job opportunity for which the worker was hired shall be
                    reimbursed by the employer for the cost of the worker's
                    transportation and subsistence from the place from
                    which the worker came to work for the employer (or
                    place of last employment, if the worker traveled from
                    such place) to the place of employment.
                        ``(B) From place of employment.--A worker who
                    completes the period of employment for the job
                    opportunity involved shall be reimbursed by the
                    employer for the cost of the worker's transportation
                    and subsistence from the place of employment to the
                    place from which the worker, disregarding intervening
                    employment, came to work for the employer, or to the
                    place of next employment, if the worker has contracted
                    with a subsequent employer who has not agreed to
                    provide or pay for the worker's transportation and
                    subsistence to such subsequent employer's place of
                    employment.
                        ``(C) Limitation.--
                                ``(i) Amount of reimbursement.--Except as
                            provided in clause (ii), the amount of
                            reimbursement provided under subparagraph (A)
                            or (B) to a worker or alien shall not exceed
                            the lesser of--
                                        ``(I) the actual cost to the worker
                                    or alien of the transportation and
                                    subsistence involved; or
                                        ``(II) the most economical and
                                    reasonable common carrier
                                    transportation charges and subsistence
                                    costs for the distance involved.
                                ``(ii) Distance traveled.--No reimbursement
                            under subparagraph (A) or (B) shall be required
                            if the distance traveled is 100 miles or less,
                            or the worker is not residing in employer-
                            provided housing or housing secured through an
                            allowance as provided in paragraph (1)(G).
                        ``(D) Early termination.--If the worker is laid off
                    or employment is terminated for contract impossibility
                    (as described in paragraph (4)(D)) before the
                    anticipated ending date of employment, the employer
                    shall provide the transportation and subsistence
                    required by subparagraph (B) and, notwithstanding
                    whether the worker has completed 50 percent of the
                    period of employment, shall provide the transportation
                    reimbursement required by subparagraph (A).
                        ``(E) Transportation between living quarters and
                    work site.--The employer shall provide transportation
                    between the worker's living quarters and the employer's
                    work site without cost to the worker, and such
                    transportation will be in accordance with applicable
                    laws and regulations.
                ``(3) Required wages.--
                        ``(A) In general.--An employer applying for workers
                    under section 218(a) shall offer to pay, and shall pay,
                    all workers in the occupation for which the employer
                    has applied for workers, not less (and is not required
                    to pay more) than the greater of the prevailing wage in
                    the occupation in the area of intended employment or
                    the adverse effect wage rate. No worker shall be paid
                    less than the greater of the hourly wage prescribed
                    under section 6(a)(1) of the Fair Labor Standards Act
                    of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
                    minimum wage.
                        ``(B) Limitation.--Effective on the date of the
                    enactment of the AgJOBS Act of 2007, and continuing for
                    3 years thereafter, no adverse effect wage rate for a
                    State may be more than the adverse effect wage rate for
                    that State in effect on January 1, 2003, as established
                    by section 655.107 of title 20, Code of Federal
                    Regulations.
                        ``(C) Required wages after 3-year freeze.--
                                ``(i) First adjustment.--If Congress does
                            not set a new wage standard applicable to this
                            section before the first March 1 that is not
                            less than 3 years after the date of enactment
                            of this section, the adverse effect wage rate
                            for each State beginning on such March 1 shall
                            be the wage rate that would have resulted if
                            the adverse effect wage rate in effect on
                            January 1, 2003, had been annually adjusted,
                            beginning on March 1, 2006, by the lesser of--
                                        ``(I) the 12-month percentage
                                    change in the Consumer Price Index for
                                    All Urban Consumers between December of
                                    the second preceding year and December
                                    of the preceding year; and
                                        ``(II) 4 percent.
                                ``(ii) Subsequent annual adjustments.--
                            Beginning on the first March 1 that is not less
                            than 4 years after the date of enactment of
                            this section, and each March 1 thereafter, the
                            adverse effect wage rate then in effect for
                            each State shall be adjusted by the lesser of--
                                        ``(I) the 12-month percentage
                                    change in the Consumer Price Index for
                                    All Urban Consumers between December of
                                    the second preceding year and December
                                    of the preceding year; and
                                        ``(II) 4 percent.
                        ``(D) Deductions.--The employer shall make only
                    those deductions from the worker's wages that are
                    authorized by law or are reasonable and customary in
                    the occupation and area of employment. The job offer
                    shall specify all deductions not required by law which
                    the employer will make from the worker's wages.
                        ``(E) Frequency of pay.--The employer shall pay the
                    worker not less frequently than twice monthly, or in
                    accordance with the prevailing practice in the area of
                    employment, whichever is more frequent.
                        ``(F) Hours and earnings statements.--The employer
                    shall furnish to the worker, on or before each payday,
                    in 1 or more written statements--
                                ``(i) the worker's total earnings for the
                            pay period;
                                ``(ii) the worker's hourly rate of pay,
                            piece rate of pay, or both;
                                ``(iii) the hours of employment which have
                            been offered to the worker (broken out by hours
                            offered in accordance with and over and above
                            the three-quarters guarantee described in
                            paragraph (4);
                                ``(iv) the hours actually worked by the
                            worker;
                                ``(v) an itemization of the deductions made
                            from the worker's wages; and
                                ``(vi) if piece rates of pay are used, the
                            units produced daily.
                        ``(G) Report on wage protections.--Not later than
                    December 31, 2008, the Comptroller General of the
                    United States shall prepare and transmit to the
                    Secretary of Labor, the Committee on the Judiciary of
                    the Senate, and Committee on the Judiciary of the House
                    of Representatives, a report that addresses--
                                ``(i) whether the employment of H-2A or
                            unauthorized aliens in the United States
                            agricultural work force has depressed United
                            States farm worker wages below the levels that
                            would otherwise have prevailed if alien farm
                            workers had not been employed in the United
                            States;
                                ``(ii) whether an adverse effect wage rate
                            is necessary to prevent wages of United States
                            farm workers in occupations in which H-2A
                            workers are employed from falling below the
                            wage levels that would have prevailed in the
                            absence of the employment of H-2A workers in
                            those occupations;
                                ``(iii) whether alternative wage standards,
                            such as a prevailing wage standard, would be
                            sufficient to prevent wages in occupations in
                            which H-2A workers are employed from falling
                            below the wage level that would have prevailed
                            in the absence of H-2A employment;
                                ``(iv) whether any changes are warranted in
                            the current methodologies for calculating the
                            adverse effect wage rate and the prevailing
                            wage; and
                                ``(v) recommendations for future wage
                            protection under this section.
                        ``(H) Commission on wage standards.--
                                ``(i) Establishment.--There is established
                            the Commission on Agricultural Wage Standards
                            under the H-2A program (in this subparagraph
                            referred to as the `Commission').
                                ``(ii) Composition.--The Commission shall
                            consist of 10 members as follows:
                                        ``(I) 4 representatives of
                                    agricultural employers and 1
                                    representative of the Department of
                                    Agriculture, each appointed by the
                                    Secretary of Agriculture.
                                        ``(II) 4 representatives of
                                    agricultural workers and 1
                                    representative of the Department of
                                    Labor, each appointed by the Secretary
                                    of Labor.
                                ``(iii) Functions.--The Commission shall
                            conduct a study that shall address--
                                        ``(I) whether the employment of H-
                                    2A or unauthorized aliens in the United
                                    States agricultural workforce has
                                    depressed United States farm worker
                                    wages below the levels that would
                                    otherwise have prevailed if alien farm
                                    workers had not been employed in the
                                    United States;
                                        ``(II) whether an adverse effect
                                    wage rate is necessary to prevent wages
                                    of United States farm workers in
                                    occupations in which H-2A workers are
                                    employed from falling below the wage
                                    levels that would have prevailed in the
                                    absence of the employment of H-2A
                                    workers in those occupations;
                                        ``(III) whether alternative wage
                                    standards, such as a prevailing wage
                                    standard, would be sufficient to
                                    prevent wages in occupations in which
                                    H-2A workers are employed from falling
                                    below the wage level that would have
                                    prevailed in the absence of H-2A
                                    employment;
                                        ``(IV) whether any changes are
                                    warranted in the current methodologies
                                    for calculating the adverse effect wage
                                    rate and the prevailing wage rate; and
                                        ``(V) recommendations for future
                                    wage protection under this section.
                                ``(iv) Final report.--Not later than
                            December 31, 2008, the Commission shall submit
                            a report to the Congress setting forth the
                            findings of the study conducted under clause
                            (iii).
                                ``(v) Termination date.--The Commission
                            shall terminate upon submitting its final
                            report.
                ``(4) Guarantee of employment.--
                        ``(A) Offer to worker.--The employer shall
                    guarantee to offer the worker employment for the hourly
                    equivalent of at least three-fourths of the work days
                    of the total period of employment, beginning with the
                    first work day after the arrival of the worker at the
                    place of employment and ending on the expiration date
                    specified in the job offer. For purposes of this
                    subparagraph, the hourly equivalent means the number of
                    hours in the work days as stated in the job offer and
                    shall exclude the worker's Sabbath and Federal
                    holidays. If the employer affords the United States or
                    H-2A worker less employment than that required under
                    this paragraph, the employer shall pay such worker the
                    amount which the worker would have earned had the
                    worker, in fact, worked for the guaranteed number of
                    hours.
                        ``(B) Failure to work.--Any hours which the worker
                    fails to work, up to a maximum of the number of hours
                    specified in the job offer for a work day, when the
                    worker has been offered an opportunity to do so, and
                    all hours of work actually performed (including
                    voluntary work in excess of the number of hours
                    specified in the job offer in a work day, on the
                    worker's Sabbath, or on Federal holidays) may be
                    counted by the employer in calculating whether the
                    period of guaranteed employment has been met.
                        ``(C) Abandonment of employment, termination for
                    cause.--If the worker voluntarily abandons employment
                    before the end of the contract period, or is terminated
                    for cause, the worker is not entitled to the `three-
                    fourths guarantee' described in subparagraph (A).
                        ``(D) Contract impossibility.--If, before the
                    expiration of the period of employment specified in the
                    job offer, the services of the worker are no longer
                    required for reasons beyond the control of the employer
                    due to any form of natural disaster, including but not
                    limited to a flood, hurricane, freeze, earthquake,
                    fire, drought, plant or animal disease or pest
                    infestation, or regulatory drought, before the
                    guarantee in subparagraph (A) is fulfilled, the
                    employer may terminate the worker's employment. In the
                    event of such termination, the employer shall fulfill
                    the employment guarantee in subparagraph (A) for the
                    work days that have elapsed from the first work day
                    after the arrival of the worker to the termination of
                    employment. In such cases, the employer will make
                    efforts to transfer the United States worker to other
                    comparable employment acceptable to the worker. If such
                    transfer is not effected, the employer shall provide
                    the return transportation required in paragraph (2)(D).
                ``(5) Motor vehicle safety.--
                        ``(A) Mode of transportation subject to coverage.--
                                ``(i) In general.--Except as provided in
                            clauses (iii) and (iv), this subsection applies
                            to any H-2A employer that uses or causes to be
                            used any vehicle to transport an H-2A worker
                            within the United States.
                                ``(ii) Defined term.--In this paragraph,
                            the term `uses or causes to be used'--
                                        ``(I) applies only to
                                    transportation provided by an H-2A
                                    employer to an H-2A worker, or by a
                                    farm labor contractor to an H-2A worker
                                    at the request or direction of an H-2A
                                    employer; and
                                        ``(II) does not apply to--
                                                ``(aa) transportation
                                            provided, or transportation
                                            arrangements made, by an H-2A
                                            worker, unless the employer
                                            specifically requested or
                                            arranged such transportation;
                                            or
                                                ``(bb) car pooling
                                            arrangements made by H-2A
                                            workers themselves, using 1 of
                                            the workers' own vehicles,
                                            unless specifically requested
                                            by the employer directly or
                                            through a farm labor
                                            contractor.
                                ``(iii) Clarification.--Providing a job
                            offer to an H-2A worker that causes the worker
                            to travel to or from the place of employment,
                            or the payment or reimbursement of the
                            transportation costs of an H-2A worker by an H-
                            2A employer, shall not constitute an
                            arrangement of, or participation in, such
                            transportation.
                                ``(iv) Agricultural machinery and equipment
                            excluded.--This subsection does not apply to
                            the transportation of an H-2A worker on a
                            tractor, combine, harvester, picker, or other
                            similar machinery or equipment while such
                            worker is actually engaged in the planting,
                            cultivating, or harvesting of agricultural
                            commodities or the care of livestock or poultry
                            or engaged in transportation incidental
                            thereto.
                                ``(v) Common carriers excluded.--This
                            subsection does not apply to common carrier
                            motor vehicle transportation in which the
                            provider holds itself out to the general public
                            as engaging in the transportation of passengers
                            for hire and holds a valid certification of
                            authorization for such purposes from an
                            appropriate Federal, State, or local agency.
                        ``(B) Applicability of standards, licensing, and
                    insurance requirements.--
                                ``(i) In general.--When using, or causing
                            to be used, any vehicle for the purpose of
                            providing transportation to which this
                            subparagraph applies, each employer shall--
                                        ``(I) ensure that each such vehicle
                                    conforms to the standards prescribed by
                                    the Secretary of Labor under section
                                    401(b) of the Migrant and Seasonal
                                    Agricultural Worker Protection Act (29
                                    U.S.C. 1841(b)) and other applicable
                                    Federal and State safety standards;
                                        ``(II) ensure that each driver has
                                    a valid and appropriate license, as
                                    provided by State law, to operate the
                                    vehicle; and
                                        ``(III) have an insurance policy or
                                    a liability bond that is in effect
                                    which insures the employer against
                                    liability for damage to persons or
                                    property arising from the ownership,
                                    operation, or causing to be operated,
                                    of any vehicle used to transport any H-
                                    2A worker.
                                ``(ii) Amount of insurance required.--The
                            level of insurance required shall be determined
                            by the Secretary of Labor pursuant to
                            regulations to be issued under this subsection.
                                ``(iii) Effect of workers' compensation
                            coverage.--If the employer of any H-2A worker
                            provides workers' compensation coverage for
                            such worker in the case of bodily injury or
                            death as provided by State law, the following
                            adjustments in the requirements of subparagraph
                            (B)(i)(III) relating to having an insurance
                            policy or liability bond apply:
                                        ``(I) No insurance policy or
                                    liability bond shall be required of the
                                    employer, if such workers are
                                    transported only under circumstances
                                    for which there is coverage under such
                                    State law.
                                        ``(II) An insurance policy or
                                    liability bond shall be required of the
                                    employer for circumstances under which
                                    coverage for the transportation of such
                                    workers is not provided under such
                                    State law.
        ``(c) Compliance With Labor Laws.--An employer shall assure that,
    except as otherwise provided in this section, the employer will comply
    with all applicable Federal, State, and local labor laws, including
    laws affecting migrant and seasonal agricultural workers, with respect
    to all United States workers and alien workers employed by the
    employer, except that a violation of this assurance shall not
    constitute a violation of the Migrant and Seasonal Agricultural Worker
    Protection Act (29 U.S.C. 1801 et seq.).
        ``(d) Copy of Job Offer.--The employer shall provide to the worker,
    not later than the day the work commences, a copy of the employer's
    application and job offer described in section 218(a), or, if the
    employer will require the worker to enter into a separate employment
    contract covering the employment in question, such separate employment
    contract.
        ``(e) Range Production of Livestock.--Nothing in this section,
    section 218, or section 218F shall preclude the Secretary of Labor and
    the Secretary from continuing to apply special procedures and
    requirements to the admission and employment of aliens in occupations
    involving the range production of livestock.

    ``SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A
                  WORKERS.

        ``(a) Petitioning for Admission.--An employer, or an association
    acting as an agent or joint employer for its members, that seeks the
    admission into the United States of an H-2A worker may file a petition
    with the Secretary. The petition shall be accompanied by an accepted
    and currently valid certification provided by the Secretary of Labor
    under section 218(e)(2)(B) covering the petitioner.
        ``(b) Expedited Adjudication by the Secretary.--The Secretary shall
    establish a procedure for expedited adjudication of petitions filed
    under subsection (a) and within 7 working days shall, by fax, cable, or
    other means assuring expedited delivery, transmit a copy of notice of
    action on the petition to the petitioner and, in the case of approved
    petitions, to the appropriate immigration officer at the port of entry
    or United States consulate (as the case may be) where the petitioner
    has indicated that the alien beneficiary (or beneficiaries) will apply
    for a visa or admission to the United States.
        ``(c) Criteria for Admissibility.--
                ``(1) In general.--An H-2A worker shall be considered
            admissible to the United States if the alien is otherwise
            admissible under this section, section 218, and section 218E,
            and the alien is not ineligible under paragraph (2).
                ``(2) Disqualification.--An alien shall be considered
            inadmissible to the United States and ineligible for
            nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
            alien has, at any time during the past 5 years--
                        ``(A) violated a material provision of this
                    section, including the requirement to promptly depart
                    the United States when the alien's authorized period of
                    admission under this section has expired; or
                        ``(B) otherwise violated a term or condition of
                    admission into the United States as a nonimmigrant,
                    including overstaying the period of authorized
                    admission as such a nonimmigrant.
                ``(3) Waiver of ineligibility for unlawful presence.--
                        ``(A) In general.--An alien who has not previously
                    been admitted into the United States pursuant to this
                    section, and who is otherwise eligible for admission in
                    accordance with paragraphs (1) and (2), shall not be
                    deemed inadmissible by virtue of section 212(a)(9)(B).
                    If an alien described in the preceding sentence is
                    present in the United States, the alien may apply from
                    abroad for H-2A status, but may not be granted that
                    status in the United States.
                        ``(B) Maintenance of waiver.--An alien provided an
                    initial waiver of ineligibility pursuant to
                    subparagraph (A) shall remain eligible for such waiver
                    unless the alien violates the terms of this section or
                    again becomes ineligible under section 212(a)(9)(B) by
                    virtue of unlawful presence in the United States after
                    the date of the initial waiver of ineligibility
                    pursuant to subparagraph (A).
        ``(d) Period of Admission.--
                ``(1) In general.--The alien shall be admitted for the
            period of employment in the application certified by the
            Secretary of Labor pursuant to section 218(e)(2)(B), not to
            exceed 10 months, supplemented by a period of not more than 1
            week before the beginning of the period of employment for the
            purpose of travel to the work site and a period of 14 days
            following the period of employment for the purpose of departure
            or extension based on a subsequent offer of employment, except
            that--
                        ``(A) the alien is not authorized to be employed
                    during such 14-day period except in the employment for
                    which the alien was previously authorized; and
                        ``(B) the total period of employment, including
                    such 14-day period, may not exceed 10 months.
                ``(2) Construction.--Nothing in this subsection shall limit
            the authority of the Secretary to extend the stay of the alien
            under any other provision of this Act.
        ``(e) Abandonment of Employment.--
                ``(1) In general.--An alien admitted or provided status
            under section 101(a)(15)(H)(ii)(a) who abandons the employment
            which was the basis for such admission or status shall be
            considered to have failed to maintain nonimmigrant status as an
            H-2A worker and shall depart the United States or be subject to
            removal under section 237(a)(1)(C)(i).
                ``(2) Report by employer.--The employer, or association
            acting as agent for the employer, shall notify the Secretary
            not later than 7 days after an H-2A worker prematurely abandons
            employment.
                ``(3) Removal by the secretary.--The Secretary shall
            promptly remove from the United States any H-2A worker who
            violates any term or condition of the worker's nonimmigrant
            status.
                ``(4) Voluntary termination.--Notwithstanding paragraph
            (1), an alien may voluntarily terminate his or her employment
            if the alien promptly departs the United States upon
            termination of such employment.
        ``(f) Replacement of Alien.--
                ``(1) In general.--Upon presentation of the notice to the
            Secretary required by subsection (e)(2), the Secretary of State
            shall promptly issue a visa to, and the Secretary shall admit
            into the United States, an eligible alien designated by the
            employer to replace an H-2A worker--
                        ``(A) who abandons or prematurely terminates
                    employment; or
                        ``(B) whose employment is terminated after a United
                    States worker is employed pursuant to section
                    218(b)(2)(H)(iii), if the United States worker
                    voluntarily departs before the end of the period of
                    intended employment or if the employment termination is
                    for a lawful job-related reason.
                ``(2) Construction.--Nothing in this subsection is intended
            to limit any preference required to be accorded United States
            workers under any other provision of this Act.
        ``(g) Identification Document.--
                ``(1) In general.--Each alien authorized to be admitted
            under section 101(a)(15)(H)(ii)(a) shall be provided an
            identification and employment eligibility document to verify
            eligibility for employment in the United States and verify such
            person's proper identity.
                ``(2) Requirements.--No identification and employment
            eligibility document may be issued which does not meet the
            following requirements:
                        ``(A) The document shall be capable of reliably
                    determining whether--
                                ``(i) the individual with the
                            identification and employment eligibility
                            document whose eligibility is being verified is
                            in fact eligible for employment;
                                ``(ii) the individual whose eligibility is
                            being verified is claiming the identity of
                            another person; and
                                ``(iii) the individual whose eligibility is
                            being verified is authorized to be admitted
                            into, and employed in, the United States as an
                            H-2A worker.
                        ``(B) The document shall be in a form that is
                    resistant to counterfeiting and to tampering.
                        ``(C) The document shall--
                                ``(i) be compatible with other databases of
                            the Secretary for the purpose of excluding
                            aliens from benefits for which they are not
                            eligible and determining whether the alien is
                            unlawfully present in the United States; and
                                ``(ii) be compatible with law enforcement
                            databases to determine if the alien has been
                            convicted of criminal offenses.
        ``(h) Extension of Stay of H-2A Aliens in the United States.--
                ``(1) Extension of stay.--If an employer seeks approval to
            employ an H-2A alien who is lawfully present in the United
            States, the petition filed by the employer or an association
            pursuant to subsection (a), shall request an extension of the
            alien's stay and a change in the alien's employment.
                ``(2) Limitation on filing a petition for extension of
            stay.--A petition may not be filed for an extension of an
            alien's stay--
                        ``(A) for a period of more than 10 months; or
                        ``(B) to a date that is more than 3 years after the
                    date of the alien's last admission to the United States
                    under this section.
                ``(3) Work authorization upon filing a petition for
            extension of stay.--
                        ``(A) In general.--An alien who is lawfully present
                    in the United States may commence the employment
                    described in a petition under paragraph (1) on the date
                    on which the petition is filed.
                        ``(B) Definition.--For purposes of subparagraph
                    (A), the term `file' means sending the petition by
                    certified mail via the United States Postal Service,
                    return receipt requested, or delivered by guaranteed
                    commercial delivery which will provide the employer
                    with a documented acknowledgment of the date of receipt
                    of the petition.
                        ``(C) Handling of petition.--The employer shall
                    provide a copy of the employer's petition to the alien,
                    who shall keep the petition with the alien's
                    identification and employment eligibility document as
                    evidence that the petition has been filed and that the
                    alien is authorized to work in the United States.
                        ``(D) Approval of petition.--Upon approval of a
                    petition for an extension of stay or change in the
                    alien's authorized employment, the Secretary shall
                    provide a new or updated employment eligibility
                    document to the alien indicating the new validity date,
                    after which the alien is not required to retain a copy
                    of the petition.
                ``(4) Limitation on employment authorization of aliens
            without valid identification and employment eligibility
            document.--An expired identification and employment eligibility
            document, together with a copy of a petition for extension of
            stay or change in the alien's authorized employment that
            complies with the requirements of paragraph (1), shall
            constitute a valid work authorization document for a period of
            not more than 60 days beginning on the date on which such
            petition is filed, after which time only a currently valid
            identification and employment eligibility document shall be
            acceptable.
                ``(5) Limitation on an individual's stay in status.--
                        ``(A) Maximum period.--The maximum continuous
                    period of authorized status as an H-2A worker
                    (including any extensions) is 3 years.
                        ``(B) Requirement to remain outside the united
                    states.--
                                ``(i) In general.--Subject to clause (ii),
                            in the case of an alien outside the United
                            States whose period of authorized status as an
                            H-2A worker (including any extensions) has
                            expired, the alien may not again apply for
                            admission to the United States as an H-2A
                            worker unless the alien has remained outside
                            the United States for a continuous period equal
                            to at least \1/5\ the duration of the alien's
                            previous period of authorized status as an H-2A
                            worker (including any extensions).
                                ``(ii) Exception.--Clause (i) shall not
                            apply in the case of an alien if the alien's
                            period of authorized status as an H-2A worker
                            (including any extensions) was for a period of
                            not more than 10 months and such alien has been
                            outside the United States for at least 2 months
                            during the 12 months preceding the date the
                            alien again is applying for admission to the
                            United States as an H-2A worker.
        ``(i) Special Rules for Aliens Employed as Sheepherders, Goat
    Herders, or Dairy Workers.--Notwithstanding any provision of the AgJOBS
    Act of 2007, an alien admitted under section 101(a)(15)(H)(ii)(a) for
    employment as a sheepherder, goat herder, or dairy worker--
                ``(1) may be admitted for an initial period of 12 months;
                ``(2) subject to subsection (j)(5), may have such initial
            period of admission extended for a period of up to 3 years; and
                ``(3) shall not be subject to the requirements of
            subsection (h)(5) (relating to periods of absence from the
            United States).
        ``(j) Adjustment to Lawful Permanent Resident Status for Aliens
    Employed as Sheepherders, Goat Herders, or Dairy Workers.--
                ``(1) Eligible alien.--For purposes of this subsection, the
            term `eligible alien' means an alien--
                        ``(A) having nonimmigrant status under section
                    101(a)(15)(H)(ii)(a) based on employment as a
                    sheepherder, goat herder, or dairy worker;
                        ``(B) who has maintained such nonimmigrant status
                    in the United States for a cumulative total of 36
                    months (excluding any period of absence from the United
                    States); and
                        ``(C) who is seeking to receive an immigrant visa
                    under section 203(b)(3)(A)(iii).
                ``(2) Classification petition.--In the case of an eligible
            alien, the petition under section 204 for classification under
            section 203(b)(3)(A)(iii) may be filed by--
                        ``(A) the alien's employer on behalf of an eligible
                    alien; or
                        ``(B) the eligible alien.
                ``(3) No labor certification required.--Notwithstanding
            section 203(b)((3)(C), no determination under section
            212(a)(5)(A) is required with respect to an immigrant visa
            described in paragraph (1)(C) for an eligible alien.
                ``(4) Effect of petition.--The filing of a petition
            described in paragraph (2) or an application for adjustment of
            status based on the approval of such a petition, shall not
            constitute evidence of an alien's ineligibility for
            nonimmigrant status under section 101(a)(15)(H)(ii)(a).
                ``(5) Extension of stay.--The Secretary of Homeland
            Security shall extend the stay of an eligible alien having a
            pending or approved classification petition described in
            paragraph (2) in 1-year increments until a final determination
            is made on the alien's eligibility for adjustment of status to
            that of an alien lawfully admitted for permanent residence.
                ``(6) Construction.--Nothing in this subsection shall be
            construed to prevent an eligible alien from seeking adjustment
            of status in accordance with any other provision of law.

    ``SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

        ``(a) Enforcement Authority.--
                ``(1) Investigation of complaints.--
                        ``(A) Aggrieved person or third-party complaints.--
                    The Secretary of Labor shall establish a process for
                    the receipt, investigation, and disposition of
                    complaints respecting a petitioner's failure to meet a
                    condition specified in section 218(b), or an employer's
                    misrepresentation of material facts in an application
                    under section 218(a). Complaints may be filed by any
                    aggrieved person or organization (including bargaining
                    representatives). No investigation or hearing shall be
                    conducted on a complaint concerning such a failure or
                    misrepresentation unless the complaint was filed not
                    later than 12 months after the date of the failure, or
                    misrepresentation, respectively. The Secretary of Labor
                    shall conduct an investigation under this subparagraph
                    if there is reasonable cause to believe that such a
                    failure or misrepresentation has occurred.
                        ``(B) Determination on complaint.--Under such
                    process, the Secretary of Labor shall provide, within
                    30 days after the date such a complaint is filed, for a
                    determination as to whether or not a reasonable basis
                    exists to make a finding described in subparagraph (C),
                    (D), (E), or (H). If the Secretary of Labor determines
                    that such a reasonable basis exists, the Secretary of
                    Labor shall provide for notice of such determination to
                    the interested parties and an opportunity for a hearing
                    on the complaint, in accordance with section 556 of
                    title 5, United States Code, within 60 days after the
                    date of the determination. If such a hearing is
                    requested, the Secretary of Labor shall make a finding
                    concerning the matter not later than 60 days after the
                    date of the hearing. In the case of similar complaints
                    respecting the same applicant, the Secretary of Labor
                    may consolidate the hearings under this subparagraph on
                    such complaints.
                        ``(C) Failures to meet conditions.--If the
                    Secretary of Labor finds, after notice and opportunity
                    for a hearing, a failure to meet a condition of
                    paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A),
                    (2)(B), or (2)(G) of section 218(b), a substantial
                    failure to meet a condition of paragraph (1)(C),
                    (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
                    218(b), or a material misrepresentation of fact in an
                    application under section 218(a)--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $1,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate; and
                                ``(ii) the Secretary may disqualify the
                            employer from the employment of aliens
                            described in section 101(a)(15)(H)(ii)(a) for a
                            period of 1 year.
                        ``(D) Willful failures and willful
                    misrepresentations.--If the Secretary of Labor finds,
                    after notice and opportunity for hearing, a willful
                    failure to meet a condition of section 218(b), a
                    willful misrepresentation of a material fact in an
                    application under section 218(a), or a violation of
                    subsection (d)(1)--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $5,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate;
                                ``(ii) the Secretary of Labor may seek
                            appropriate legal or equitable relief to
                            effectuate the purposes of subsection (d)(1);
                            and
                                ``(iii) the Secretary may disqualify the
                            employer from the employment of H-2A workers
                            for a period of 2 years.
                        ``(E) Displacement of united states workers.--If
                    the Secretary of Labor finds, after notice and
                    opportunity for hearing, a willful failure to meet a
                    condition of section 218(b) or a willful
                    misrepresentation of a material fact in an application
                    under section 218(a), in the course of which failure or
                    misrepresentation the employer displaced a United
                    States worker employed by the employer during the
                    period of employment on the employer's application
                    under section 218(a) or during the period of 30 days
                    preceding such period of employment--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $15,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate; and
                                ``(ii) the Secretary may disqualify the
                            employer from the employment of H-2A workers
                            for a period of 3 years.
                        ``(F) Limitations on civil money penalties.--The
                    Secretary of Labor shall not impose total civil money
                    penalties with respect to an application under section
                    218(a) in excess of $90,000.
                        ``(G) Failures to pay wages or required benefits.--
                    If the Secretary of Labor finds, after notice and
                    opportunity for a hearing, that the employer has failed
                    to pay the wages, or provide the housing allowance,
                    transportation, subsistence reimbursement, or guarantee
                    of employment, required under section 218E(b), the
                    Secretary of Labor shall assess payment of back wages,
                    or other required benefits, due any United States
                    worker or H-2A worker employed by the employer in the
                    specific employment in question. The back wages or
                    other required benefits under section 218E(b) shall be
                    equal to the difference between the amount that should
                    have been paid and the amount that actually was paid to
                    such worker.
                ``(2) Statutory construction.--Nothing in this section
            shall be construed as limiting the authority of the Secretary
            of Labor to conduct any compliance investigation under any
            other labor law, including any law affecting migrant and
            seasonal agricultural workers, or, in the absence of a
            complaint under this section, under section 218 or 218E.
        ``(b) Rights Enforceable by Private Right of Action.--H-2A workers
    may enforce the following rights through the private right of action
    provided in subsection (c), and no other right of action shall exist
    under Federal or State law to enforce such rights:
                ``(1) The providing of housing or a housing allowance as
            required under section 218E(b)(1).
                ``(2) The reimbursement of transportation as required under
            section 218E(b)(2).
                ``(3) The payment of wages required under section
            218E(b)(3) when due.
                ``(4) The benefits and material terms and conditions of
            employment expressly provided in the job offer described in
            section 218(a)(2), not including the assurance to comply with
            other Federal, State, and local labor laws described in section
            218E(c), compliance with which shall be governed by the
            provisions of such laws.
                ``(5) The guarantee of employment required under section
            218E(b)(4).
                ``(6) The motor vehicle safety requirements under section
            218E(b)(5).
                ``(7) The prohibition of discrimination under subsection
            (d)(2).
        ``(c) Private Right of Action.--
                ``(1) Mediation.--Upon the filing of a complaint by an H-2A
            worker aggrieved by a violation of rights enforceable under
            subsection (b), and within 60 days of the filing of proof of
            service of the complaint, a party to the action may file a
            request with the Federal Mediation and Conciliation Service to
            assist the parties in reaching a satisfactory resolution of all
            issues involving all parties to the dispute. Upon a filing of
            such request and giving of notice to the parties, the parties
            shall attempt mediation within the period specified in
            subparagraph (B).
                        ``(A) Mediation services.--The Federal Mediation
                    and Conciliation Service shall be available to assist
                    in resolving disputes arising under subsection (b)
                    between H-2A workers and agricultural employers without
                    charge to the parties.
                        ``(B) 90-day limit.--The Federal Mediation and
                    Conciliation Service may conduct mediation or other
                    non-binding dispute resolution activities for a period
                    not to exceed 90 days beginning on the date on which
                    the Federal Mediation and Conciliation Service receives
                    the request for assistance unless the parties agree to
                    an extension of this period of time.
                        ``(C) Authorization.--
                                ``(i) In general.--Subject to clause (ii),
                            there are authorized to be appropriated to the
                            Federal Mediation and Conciliation Service
                            $500,000 for each fiscal year to carry out this
                            section.
                                ``(ii) Mediation.--Notwithstanding any
                            other provision of law, the Director of the
                            Federal Mediation and Conciliation Service is
                            authorized to conduct the mediation or other
                            dispute resolution activities from any other
                            appropriated funds available to the Director
                            and to reimburse such appropriated funds when
                            the funds are appropriated pursuant to this
                            authorization, such reimbursement to be
                            credited to appropriations currently available
                            at the time of receipt.
                ``(2) Maintenance of civil action in district court by
            aggrieved person.--An H-2A worker aggrieved by a violation of
            rights enforceable under subsection (b) by an agricultural
            employer or other person may file suit in any district court of
            the United States having jurisdiction of the parties, without
            regard to the amount in controversy, without regard to the
            citizenship of the parties, and without regard to the
            exhaustion of any alternative administrative remedies under
            this Act, not later than 3 years after the date the violation
            occurs.
                ``(3) Election.--An H-2A worker who has filed an
            administrative complaint with the Secretary of Labor may not
            maintain a civil action under paragraph (2) unless a complaint
            based on the same violation filed with the Secretary of Labor
            under subsection (a)(1) is withdrawn before the filing of such
            action, in which case the rights and remedies available under
            this subsection shall be exclusive.
                ``(4) Preemption of state contract rights.--Nothing in this
            Act shall be construed to diminish the rights and remedies of
            an H-2A worker under any other Federal or State law or
            regulation or under any collective bargaining agreement, except
            that no court or administrative action shall be available under
            any State contract law to enforce the rights created by this
            Act.
                ``(5) Waiver of rights prohibited.--Agreements by employees
            purporting to waive or modify their rights under this Act shall
            be void as contrary to public policy, except that a waiver or
            modification of the rights or obligations in favor of the
            Secretary of Labor shall be valid for purposes of the
            enforcement of this Act. The preceding sentence may not be
            construed to prohibit agreements to settle private disputes or
            litigation.
                ``(6) Award of damages or other equitable relief.--
                        ``(A) If the court finds that the respondent has
                    intentionally violated any of the rights enforceable
                    under subsection (b), it shall award actual damages, if
                    any, or equitable relief.
                        ``(B) Any civil action brought under this section
                    shall be subject to appeal as provided in chapter 83 of
                    title 28, United States Code.
                ``(7) Workers' compensation benefits; exclusive remedy.--
                        ``(A) Notwithstanding any other provision of this
                    section, where a State's workers' compensation law is
                    applicable and coverage is provided for an H-2A worker,
                    the workers' compensation benefits shall be the
                    exclusive remedy for the loss of such worker under this
                    section in the case of bodily injury or death in
                    accordance with such State's workers' compensation law.
                        ``(B) The exclusive remedy prescribed in
                    subparagraph (A) precludes the recovery under paragraph
                    (6) of actual damages for loss from an injury or death
                    but does not preclude other equitable relief, except
                    that such relief shall not include back or front pay or
                    in any manner, directly or indirectly, expand or
                    otherwise alter or affect--
                                ``(i) a recovery under a State workers'
                            compensation law; or
                                ``(ii) rights conferred under a State
                            workers' compensation law.
                ``(8) Tolling of statute of limitations.--If it is
            determined under a State workers' compensation law that the
            workers' compensation law is not applicable to a claim for
            bodily injury or death of an H-2A worker, the statute of
            limitations for bringing an action for actual damages for such
            injury or death under subsection (c) shall be tolled for the
            period during which the claim for such injury or death under
            such State workers' compensation law was pending. The statute
            of limitations for an action for actual damages or other
            equitable relief arising out of the same transaction or
            occurrence as the injury or death of the H-2A worker shall be
            tolled for the period during which the claim for such injury or
            death was pending under the State workers' compensation law.
                ``(9) Preclusive effect.--Any settlement by an H-2A worker
            and an H-2A employer or any person reached through the
            mediation process required under subsection (c)(1) shall
            preclude any right of action arising out of the same facts
            between the parties in any Federal or State court or
            administrative proceeding, unless specifically provided
            otherwise in the settlement agreement.
                ``(10) Settlements.--Any settlement by the Secretary of
            Labor with an H-2A employer on behalf of an H-2A worker of a
            complaint filed with the Secretary of Labor under this section
            or any finding by the Secretary of Labor under subsection
            (a)(1)(B) shall preclude any right of action arising out of the
            same facts between the parties under any Federal or State court
            or administrative proceeding, unless specifically provided
            otherwise in the settlement agreement.
        ``(d) Discrimination Prohibited.--
                ``(1) In general.--It is a violation of this subsection for
            any person who has filed an application under section 218(a),
            to intimidate, threaten, restrain, coerce, blacklist,
            discharge, or in any other manner discriminate against an
            employee (which term, for purposes of this subsection, includes
            a former employee and an applicant for employment) because the
            employee has disclosed information to the employer, or to any
            other person, that the employee reasonably believes evidences a
            violation of section 218 or 218E or any rule or regulation
            pertaining to section 218 or 218E, or because the employee
            cooperates or seeks to cooperate in an investigation or other
            proceeding concerning the employer's compliance with the
            requirements of section 218 or 218E or any rule or regulation
            pertaining to either of such sections.
                ``(2) Discrimination against h-2a workers.--It is a
            violation of this subsection for any person who has filed an
            application under section 218(a), to intimidate, threaten,
            restrain, coerce, blacklist, discharge, or in any manner
            discriminate against an H-2A employee because such worker has,
            with just cause, filed a complaint with the Secretary of Labor
            regarding a denial of the rights enumerated and enforceable
            under subsection (b) or instituted, or caused to be instituted,
            a private right of action under subsection (c) regarding the
            denial of the rights enumerated under subsection (b), or has
            testified or is about to testify in any court proceeding
            brought under subsection (c).
        ``(e) Authorization To Seek Other Appropriate Employment.--The
    Secretary of Labor and the Secretary shall establish a process under
    which an H-2A worker who files a complaint regarding a violation of
    subsection (d) and is otherwise eligible to remain and work in the
    United States may be allowed to seek other appropriate employment in
    the United States for a period not to exceed the maximum period of stay
    authorized for such nonimmigrant classification.
        ``(f) Role of Associations.--
                ``(1) Violation by a member of an association.--An employer
            on whose behalf an application is filed by an association
            acting as its agent is fully responsible for such application,
            and for complying with the terms and conditions of sections 218
            and 218E, as though the employer had filed the application
            itself. If such an employer is determined, under this section,
            to have committed a violation, the penalty for such violation
            shall apply only to that member of the association unless the
            Secretary of Labor determines that the association or other
            member participated in, had knowledge, or reason to know, of
            the violation, in which case the penalty shall be invoked
            against the association or other association member as well.
                ``(2) Violations by an association acting as an employer.--
            If an association filing an application as a sole or joint
            employer is determined to have committed a violation under this
            section, the penalty for such violation shall apply only to the
            association unless the Secretary of Labor determines that an
            association member or members participated in or had knowledge,
            or reason to know of the violation, in which case the penalty
            shall be invoked against the association member or members as
            well.

    ``SEC. 218H. DEFINITIONS.

        ``For purposes of this section, section 218, and sections 218E
    through 218G:
                ``(1) Agricultural employment.--The term `agricultural
            employment' means any service or activity that is considered to
            be agricultural under section 3(f) of the Fair Labor Standards
            Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under
            section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C.
            3121(g)). For purposes of this paragraph, agricultural
            employment includes employment under section
            101(a)(15)(H)(ii)(a).
                ``(2) Bona fide union.--The term `bona fide union' means
            any organization in which employees participate and which
            exists for the purpose of dealing with employers concerning
            grievances, labor disputes, wages, rates of pay, hours of
            employment, or other terms and conditions of work for
            agricultural employees. Such term does not include an
            organization formed, created, administered, supported,
            dominated, financed, or controlled by an employer or employer
            association or its agents or representatives.
                ``(3) Displace.--The term `displace', in the case of an
            application with respect to 1 or more H-2A workers by an
            employer, means laying off a United States worker from a job
            for which the H-2A worker or workers is or are sought.
                ``(4) Eligible.--The term `eligible', when used with
            respect to an individual, means an individual who is not an
            unauthorized alien (as defined in section 274A).
                ``(5) Employer.--The term `employer' means any person or
            entity, including any farm labor contractor and any
            agricultural association, that employs workers in agricultural
            employment.
                ``(6) H-2A employer.--The term `H-2A employer' means an
            employer who seeks to hire 1 or more nonimmigrant aliens
            described in section 101(a)(15)(H)(ii)(a).
                ``(7) H-2A worker.--The term `H-2A worker' means a
            nonimmigrant described in section 101(a)(15)(H)(ii)(a).
                ``(8) Job opportunity.--The term `job opportunity' means a
            job opening for temporary full-time employment at a place in
            the United States to which United States workers can be
            referred.
                ``(9) Lays off.--
                        ``(A) In general.--The term `lays off', with
                    respect to a worker--
                                ``(i) means to cause the worker's loss of
                            employment, other than through a discharge for
                            inadequate performance, violation of workplace
                            rules, cause, voluntary departure, voluntary
                            retirement, contract impossibility (as
                            described in section 218E(b)(4)(D)), or
                            temporary layoffs due to weather, markets, or
                            other temporary conditions; but
                                ``(ii) does not include any situation in
                            which the worker is offered, as an alternative
                            to such loss of employment, a similar
                            employment opportunity with the same employer
                            (or, in the case of a placement of a worker
                            with another employer under section
                            218(b)(2)(E), with either employer described in
                            such section) at equivalent or higher
                            compensation and benefits than the position
                            from which the employee was discharged,
                            regardless of whether or not the employee
                            accepts the offer.
                        ``(B) Statutory construction.--Nothing in this
                    paragraph is intended to limit an employee's rights
                    under a collective bargaining agreement or other
                    employment contract.
                ``(10) Regulatory drought.--The term `regulatory drought'
            means a decision subsequent to the filing of the application
            under section 218 by an entity not under the control of the
            employer making such filing which restricts the employer's
            access to water for irrigation purposes and reduces or limits
            the employer's ability to produce an agricultural commodity,
            thereby reducing the need for labor.
                ``(11) Seasonal.--Labor is performed on a `seasonal' basis
            if--
                        ``(A) ordinarily, it pertains to or is of the kind
                    exclusively performed at certain seasons or periods of
                    the year; and
                        ``(B) from its nature, it may not be continuous or
                    carried on throughout the year.
                ``(12) Secretary.--The term `Secretary' means the Secretary
            of Homeland Security.
                ``(13) Temporary.--A worker is employed on a `temporary'
            basis where the employment is intended not to exceed 10 months.
                ``(14) United states worker.--The term `United States
            worker' means any worker, whether a United States citizen or
            national, a lawfully admitted permanent resident alien, or any
            other alien, who is authorized to work in the job opportunity
            within the United States, except an alien admitted or otherwise
            provided status under section 101(a)(15)(H)(ii)(a).''.
        (b) Clerical Amendments.--The table of contents (8 U.S.C. 1101 et
    seq.) is amended--
                (1) by striking the item relating to section 218 and
            inserting the following:

    ``Sec. 218. H-2A employer applications.''.
            and
                (2) by inserting after the item relating to section 218D,
            as added by section 601 of this Act, the following:

    ``Sec. 218E. H-2A employment requirements.
    ``Sec. 218F. Procedure for admission and extension of stay of H-2A
                                workers.
    ``Sec. 218G. Worker protections and labor standards enforcement.
    ``Sec. 218H. Definitions.''.

                      CHAPTER 3--MISCELLANEOUS PROVISIONS

    SEC. 616. DETERMINATION AND USE OF USER FEES.

        (a) Schedule of Fees.--The Secretary shall establish and
    periodically adjust a schedule of fees for the employment of aliens
    under this subtitle and the amendments made by this subtitle, and a
    collection process for such fees from employers participating in the
    program provided under this subtitle. Such fees shall be the only fees
    chargeable to employers for services provided under this subtitle.
        (b) Determination of Schedule.--
                (1) In general.--The schedule under subsection (a) shall
            reflect a fee rate based on the number of job opportunities
            indicated in the employer's application under section 218 of
            the Immigration and Nationality Act, as added by section 615 of
            this Act, and sufficient to provide for the direct costs of
            providing services related to an employer's authorization to
            employ eligible aliens pursuant to this subtitle, to include
            the certification of eligible employers, the issuance of
            documentation, and the admission of eligible aliens.
                (2) Procedure.--
                        (A) In general.--In establishing and adjusting such
                    a schedule, the Secretary shall comply with Federal
                    cost accounting and fee setting standards.
                        (B) Publication and comment.--The Secretary shall
                    publish in the Federal Register an initial fee schedule
                    and associated collection process and the cost data or
                    estimates upon which such fee schedule is based, and
                    any subsequent amendments thereto, pursuant to which
                    public comment shall be sought and a final rule issued.
        (c) Use of Proceeds.--Notwithstanding any other provision of law,
    all proceeds resulting from the payment of the alien employment user
    fees shall be available without further appropriation and shall remain
    available without fiscal year limitation to reimburse the Secretary,
    the Secretary of State, and the Secretary of Labor for the costs of
    carrying out sections 218 and 218F of the Immigration and Nationality
    Act, as added by section 615 of this Act, and the provisions of this
    subtitle.

    SEC. 617. REGULATIONS.

        (a) Regulations of the Secretary.--The Secretary shall consult with
    the Secretary of Labor and the Secretary of Agriculture on all
    regulations to implement the duties of the Secretary under this
    subtitle and the amendments made by this subtitle.
        (b) Regulations of the Secretary of State.--The Secretary of State
    shall consult with the Secretary, the Secretary of Labor, and the
    Secretary of Agriculture on all regulations to implement the duties of
    the Secretary of State under this subtitle and the amendments made by
    this subtitle.
        (c) Regulations of the Secretary of Labor.--The Secretary of Labor
    shall consult with the Secretary of Agriculture and the Secretary on
    all regulations to implement the duties of the Secretary of Labor under
    this subtitle and the amendments made by this subtitle.
        (d) Deadline for Issuance of Regulations.--All regulations to
    implement the duties of the Secretary, the Secretary of State, and the
    Secretary of Labor created under sections 218, 218E, 218F, and 218G of
    the Immigration and Nationality Act, as added by section 615 of this
    Act, shall take effect on the effective date of section 615 and shall
    be issued not later than 1 year after the date of enactment of this
    Act.

    SEC. 618. REPORT TO CONGRESS.

        Not later than September 30 of each year, the Secretary shall
    submit a report to Congress that identifies, for the previous year--
                (1) the number of job opportunities approved for employment
            of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
            Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)(H)(ii)(a)), and the number of workers actually
            admitted, by State and by occupation;
                (2) the number of such aliens reported to have abandoned
            employment pursuant to subsection 218F(e)(2) of such Act;
                (3) the number of such aliens who departed the United
            States within the period specified in subsection 218F(d) of
            such Act;
                (4) the number of aliens who applied for adjustment of
            status pursuant to section 613(a);
                (5) the number of such aliens whose status was adjusted
            under section 613(a);
                (6) the number of aliens who applied for permanent
            residence pursuant to section 613(c); and
                (7) the number of such aliens who were approved for
            permanent residence pursuant section 613(c).

    SEC. 619. EFFECTIVE DATE.

        (a) In General.--Except as otherwise provided, sections 615 and 616
    shall take effect 1 year after the date of the enactment of this Act.
        (b) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall prepare and submit to the
    appropriate committees of Congress a report that describes the measures
    being taken and the progress made in implementing this subtitle.

                         Subtitle C--DREAM Act of 2007

    SEC. 621. SHORT TITLE.

        This subtitle may be cited as the ``Development, Relief, and
    Education for Alien Minors Act of 2007'' or the ``DREAM Act of 2007''.

    SEC. 622. DEFINITIONS.

        In this subtitle:
                (1) Institution of higher education.--The term
            ``institution of higher education'' has the meaning given that
            term in section 101 of the Higher Education Act of 1965 (20
            U.S.C. 1001).
                (2) Uniformed services.--The term ``uniformed services''
            has the meaning given that term in section 101(a) of title 10,
            United States Code.

    SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
                  PURPOSES OF HIGHER EDUCATION BENEFITS.

        (a) In General.--Section 505 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
        (b) Effective Date.--The repeal under subsection (a) shall take
    effect as if included in the enactment of the Illegal Immigration
    Reform and Immigrant Responsibility Act of 1996.

    SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
                  LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
                  CHILDREN.

        (a) Special Rule for Certain Long-Term Residents Who Entered the
    United States as Children.--
                (1) In general.--Notwithstanding any other provision of law
            and except as otherwise provided in this subtitle, the
            Secretary may cancel removal of, and adjust to the status of an
            alien lawfully admitted for permanent residence, subject to the
            conditional basis described in section 625, an alien who is
            inadmissible or deportable from the United States, if the alien
            demonstrates that--
                        (A) the alien has been physically present in the
                    United States for a continuous period of not less than
                    5 years immediately preceding the date of enactment of
                    this Act, and had not yet reached the age of 16 years
                    at the time of initial entry;
                        (B) the alien has been a person of good moral
                    character since the time of application;
                        (C) the alien--
                                (i) is not inadmissible under paragraph
                            (2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or
                            (6)(G) of section 212(a) of the Immigration and
                            Nationality Act (8 U.S.C. 1182(a)), or, if
                            inadmissible solely under subparagraph (C) or
                            (F) of paragraph (6) of such subsection, the
                            alien was under the age of 16 years at the time
                            the violation was committed; and
                                (ii) is not deportable under paragraph
                            (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D),
                            (4), or (6) of section 237(a) of the
                            Immigration and Nationality Act (8 U.S.C.
                            1227(a)), or, if deportable solely under
                            subparagraphs (C) or (D) of paragraph (3) of
                            such subsection, the alien was under the age of
                            16 years at the time the violation was
                            committed;
                        (D) the alien, at the time of application, has been
                    admitted to an institution of higher education in the
                    United States, or has earned a high school diploma or
                    obtained a general education development certificate in
                    the United States; and
                        (E) the alien has never been under a final
                    administrative or judicial order of exclusion,
                    deportation, or removal, unless the alien has remained
                    in the United States under color of law or received the
                    order before attaining the age of 16 years.
                (2) Waiver.--The Secretary may waive the grounds of
            ineligibility under section 212(a)(6) of the Immigration and
            Nationality Act and the grounds of deportability under
            paragraphs (1), (3), and (6) of section 237(a) of that Act for
            humanitarian purposes or family unity or when it is otherwise
            in the public interest.
                (3) Procedures.--The Secretary shall provide a procedure by
            regulation allowing eligible individuals to apply affirmatively
            for the relief available under this subsection without being
            placed in removal proceedings.
        (b) Termination of Continuous Period.--For purposes of this
    section, any period of continuous residence or continuous physical
    presence in the United States of an alien who applies for cancellation
    of removal under this section shall not terminate when the alien is
    served a notice to appear under section 239(a) of the Immigration and
    Nationality Act (8 U.S.C. 1229(a)).
        (c) Treatment of Certain Breaks in Presence.--
                (1) In general.--An alien shall be considered to have
            failed to maintain continuous physical presence in the United
            States under subsection (a) if the alien has departed from the
            United States for any period in excess of 90 days or for any
            periods in the aggregate exceeding 180 days.
                (2) Extensions for exceptional circumstances.--The
            Secretary may extend the time periods described in paragraph
            (1) if the alien demonstrates that the failure to timely return
            to the United States was due to exceptional circumstances. The
            exceptional circumstances determined sufficient to justify an
            extension should be no less compelling than serious illness of
            the alien, or death or serious illness of a parent,
            grandparent, sibling, or child.
        (d) Exemption From Numerical Limitations.--Nothing in this section
    may be construed to apply a numerical limitation on the number of
    aliens who may be eligible for cancellation of removal or adjustment of
    status under this section.
        (e) Regulations.--
                (1) Proposed regulations.--Not later than 180 days after
            the date of enactment of this Act, the Secretary shall publish
            proposed regulations implementing this section. Such
            regulations shall be effective immediately on an interim basis,
            but are subject to change and revision after public notice and
            opportunity for a period for public comment.
                (2) Interim, final regulations.--Within a reasonable time
            after publication of the interim regulations in accordance with
            paragraph (1), the Secretary shall publish final regulations
            implementing this section.
        (f) Removal of Alien.--The Secretary may not remove any alien who
    has a pending application for conditional status under this subtitle.

    SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

        (a) In General.--
                (1) Conditional basis for status.--Notwithstanding any
            other provision of law, and except as provided in section 626,
            an alien whose status has been adjusted under section 624 to
            that of an alien lawfully admitted for permanent residence
            shall be considered to have obtained such status on a
            conditional basis subject to the provisions of this section.
            Such conditional permanent resident status shall be valid for a
            period of 6 years, subject to termination under subsection (b).
                (2) Notice of requirements.--
                        (A) At time of obtaining permanent residence.--At
                    the time an alien obtains permanent resident status on
                    a conditional basis under paragraph (1), the Secretary
                    shall provide for notice to the alien regarding the
                    provisions of this section and the requirements of
                    subsection (c) to have the conditional basis of such
                    status removed.
                        (B) Effect of failure to provide notice.--The
                    failure of the Secretary to provide a notice under this
                    paragraph--
                                (i) shall not affect the enforcement of the
                            provisions of this subtitle with respect to the
                            alien; and
                                (ii) shall not give rise to any private
                            right of action by the alien.
        (b) Termination of Status.--
                (1) In general.--The Secretary shall terminate the
            conditional permanent resident status of any alien who obtained
            such status under this subtitle, if the Secretary determines
            that the alien--
                        (A) ceases to meet the requirements of subparagraph
                    (B) or (C) of section 624(a)(1);
                        (B) has become a public charge; or
                        (C) has received a dishonorable or other than
                    honorable discharge from the uniformed services.
                (2) Return to previous immigration status.--Any alien whose
            conditional permanent resident status is terminated under
            paragraph (1) shall return to the immigration status the alien
            had immediately prior to receiving conditional permanent
            resident status under this subtitle.
        (c) Requirements of Timely Petition for Removal of Condition.--
                (1) In general.--In order for the conditional basis of
            permanent resident status obtained by an alien under subsection
            (a) to be removed, the alien must file with the Secretary, in
            accordance with paragraph (3), a petition which requests the
            removal of such conditional basis and which provides, under
            penalty of perjury, the facts and information so that the
            Secretary may make the determination described in paragraph
            (2)(A).
                (2) Adjudication of petition to remove condition.--
                        (A) In general.--If a petition is filed in
                    accordance with paragraph (1) for an alien, the
                    Secretary shall make a determination as to whether the
                    alien meets the requirements set out in subparagraphs
                    (A) through (E) of subsection (d)(1).
                        (B) Removal of conditional basis if favorable
                    determination.--If the Secretary determines that the
                    alien meets such requirements, the Secretary shall
                    notify the alien of such determination and immediately
                    remove the conditional basis of the status of the
                    alien.
                        (C) Termination if adverse determination.--If the
                    Secretary determines that the alien does not meet such
                    requirements, the Secretary shall notify the alien of
                    such determination and terminate the conditional
                    permanent resident status of the alien as of the date
                    of the determination.
                (3) Time to file petition.--An alien may petition to remove
            the conditional basis to lawful resident status during the
            period beginning 180 days before and ending 2 years after
            either the date that is 6 years after the date of the granting
            of conditional permanent resident status or any other
            expiration date of the conditional permanent resident status as
            extended by the Secretary in accordance with this subtitle. The
            alien shall be deemed in conditional permanent resident status
            in the United States during the period in which the petition is
            pending.
        (d) Details of Petition.--
                (1) Contents of petition.--Each petition for an alien under
            subsection (c)(1) shall contain information to permit the
            Secretary to determine whether each of the following
            requirements is met:
                        (A) The alien has demonstrated good moral character
                    during the entire period the alien has been a
                    conditional permanent resident.
                        (B) The alien is in compliance with section
                    624(a)(1)(C).
                        (C) The alien has not abandoned the alien's
                    residence in the United States. The Secretary shall
                    presume that the alien has abandoned such residence if
                    the alien is absent from the United States for more
                    than 365 days, in the aggregate, during the period of
                    conditional residence, unless the alien demonstrates
                    that alien has not abandoned the alien's residence. An
                    alien who is absent from the United States due to
                    active service in the uniformed services has not
                    abandoned the alien's residence in the United States
                    during the period of such service.
                        (D) The alien has completed at least 1 of the
                    following:
                                (i) The alien has acquired a degree from an
                            institution of higher education in the United
                            States or has completed at least 2 years, in
                            good standing, in a program for a bachelor's
                            degree or higher degree in the United States.
                                (ii) The alien has served in the uniformed
                            services for at least 2 years and, if
                            discharged, has received an honorable
                            discharge.
                        (E) The alien has provided a list of all of the
                    secondary educational institutions that the alien
                    attended in the United States.
                (2) Hardship exception.--
                        (A) In general.--The Secretary may, in the
                    Secretary's discretion, remove the conditional status
                    of an alien if the alien--
                                (i) satisfies the requirements of
                            subparagraphs (A), (B), and (C) of paragraph
                            (1);
                                (ii) demonstrates compelling circumstances
                            for the inability to complete the requirements
                            described in paragraph (1)(D); and
                                (iii) demonstrates that the alien's removal
                            from the United States would result in
                            exceptional and extremely unusual hardship to
                            the alien or the alien's spouse, parent, or
                            child who is a citizen or a lawful permanent
                            resident of the United States.
                        (B) Extension.--Upon a showing of good cause, the
                    Secretary may extend the period of the conditional
                    resident status for the purpose of completing the
                    requirements described in paragraph (1)(D).
        (e) Treatment of Period for Purposes of Naturalization.--For
    purposes of title III of the Immigration and Nationality Act (8 U.S.C.
    1401 et seq.), in the case of an alien who is in the United States as a
    lawful permanent resident on a conditional basis under this section,
    the alien shall be considered to have been admitted as an alien
    lawfully admitted for permanent residence and to be in the United
    States as an alien lawfully admitted to the United States for permanent
    residence. However, the conditional basis must be removed before the
    alien may apply for naturalization.

    SEC. 626. RETROACTIVE BENEFITS.

        If, on the date of enactment of this Act, an alien has satisfied
    all the requirements of subparagraphs (A) through (E) of section
    624(a)(1) and section 625(d)(1)(D), the Secretary may adjust the status
    of the alien to that of a conditional resident in accordance with
    section 624. The alien may petition for removal of such condition at
    the end of the conditional residence period in accordance with section
    625(c) if the alien has met the requirements of subparagraphs (A), (B),
    and (C) of section 625(d)(1) during the entire period of conditional
    residence.

    SEC. 627. EXCLUSIVE JURISDICTION.

        (a) In General.--The Secretary shall have exclusive jurisdiction to
    determine eligibility for relief under this subtitle, except where the
    alien has been placed into deportation, exclusion, or removal
    proceedings either prior to or after filing an application for relief
    under this subtitle, in which case the Attorney General shall have
    exclusive jurisdiction and shall assume all the powers and duties of
    the Secretary until proceedings are terminated, or if a final order of
    deportation, exclusion, or removal is entered the Secretary shall
    resume all powers and duties delegated to the Secretary under this
    subtitle.
        (b) Stay of Removal of Certain Aliens Enrolled in Primary or
    Secondary School.--The Attorney General shall stay the removal
    proceedings of any alien who--
                (1) meets all the requirements of subparagraphs (A), (B),
            (C), and (E) of section 624(a)(1);
                (2) is at least 12 years of age; and
                (3) is enrolled full time in a primary or secondary school.
        (c) Employment.--An alien whose removal is stayed pursuant to
    subsection (b) may be engaged in employment in the United States,
    consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.),
    and State and local laws governing minimum age for employment.
        (d) Lift of Stay.--The Attorney General shall lift the stay granted
    pursuant to subsection (b) if the alien--
                (1) is no longer enrolled in a primary or secondary school;
            or
                (2) ceases to meet the requirements of subsection (b)(1).

    SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

        Whoever files an application for relief under this subtitle and
    willfully and knowingly falsifies, misrepresents, or conceals a
    material fact or makes any false or fraudulent statement or
    representation, or makes or uses any false writing or document knowing
    the same to contain any false or fraudulent statement or entry, shall
    be fined in accordance with title 18, United States Code, or imprisoned
    not more than 5 years, or both.

    SEC. 629. CONFIDENTIALITY OF INFORMATION.

        (a) Prohibition.--No officer or employee of the United States may--
                (1) use the information furnished by the applicant pursuant
            to an application filed under this subtitle to initiate removal
            proceedings against any persons identified in the application;
                (2) make any publication whereby the information furnished
            by any particular individual pursuant to an application under
            this subtitle can be identified; or
                (3) permit anyone other than an officer or employee of the
            United States Government or, in the case of applications filed
            under this subtitle with a designated entity, that designated
            entity, to examine applications filed under this subtitle.
        (b) Required Disclosure.--The Attorney General or the Secretary
    shall provide the information furnished under this section, and any
    other information derived from such furnished information, to--
                (1) a duly recognized law enforcement entity in connection
            with an investigation or prosecution of an offense described in
            paragraph (2) or (3) of section 212(a) of the Immigration and
            Nationality Act (8 U.S.C. 1182(a)), when such information is
            requested in writing by such entity; or
                (2) an official coroner for purposes of affirmatively
            identifying a deceased individual (whether or not such
            individual is deceased as a result of a crime).
        (c) Penalty.--Whoever knowingly uses, publishes, or permits
    information to be examined in violation of this section shall be fined
    not more than $10,000.

    SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

        Regulations promulgated under this subtitle shall provide that
    applications under this subtitle will be considered on an expedited
    basis and without a requirement for the payment by the applicant of any
    additional fee for such expedited processing.

    SEC. 631. HIGHER EDUCATION ASSISTANCE.

        Notwithstanding any provision of the Higher Education Act of 1965
    (20 U.S.C. 1001 et seq.), with respect to assistance provided under
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
    an alien who adjusts status to that of a lawful permanent resident
    under this subtitle shall be eligible only for the following assistance
    under such title IV:
                (1) Student loans under parts B, D, and E of such title IV
            (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
            subject to the requirements of such parts.
                (2) Federal work-study programs under part C of such title
            IV (42 U.S.C. 2751 et seq.), subject to the requirements of
            such part.
                (3) Services under such title IV (20 U.S.C. 1070 et seq.),
            subject to the requirements for such services.

    SEC. 632. GAO REPORT.

        Seven years after the date of enactment of this Act, the
    Comptroller General of the United States shall submit a report to the
    Committee on the Judiciary of the Senate and the Committee on the
    Judiciary of the House of Representatives, which sets forth--
                (1) the number of aliens who were eligible for cancellation
            of removal and adjustment of status under section 624(a);
                (2) the number of aliens who applied for adjustment of
            status under section 624(a);
                (3) the number of aliens who were granted adjustment of
            status under section 624(a); and
                (4) the number of aliens whose conditional permanent
            resident status was removed under section 625.

              Subtitle D--Programs To Assist Nonimmigrant Workers

    SEC. 641. INELIGIBILITY AND REMOVAL BEFORE APPLICATION PERIOD.

        (a) Limitations on Ineligibility.--
                (1) In general.--An alien is not ineligible for any
            immigration benefit under any provision of this title, or any
            amendment made by this title, solely on the basis that the
            alien violated section 1543, 1544, or 1546 of chapter 75 of
            title 18, United States Code, during the period beginning on
            the date of the enactment of this Act and ending on the date
            that the Department of Homeland Security begins accepting
            applications for benefits under title VI.
                (2) Prosecution.--An alien who commits a violation of such
            section 1543, 1544, or 1546 during the period beginning on the
            date the enactment of this Act and ending on the date that the
            alien applies for eligibility for such benefit may be
            prosecuted for the violation if the alien's application for
            such benefit is denied.
        (b) Limitation on Removal.--If an alien who is apprehended prior to
    the beginning of the applicable application period described in a
    provision of this title, or an amendment made by this title, is able to
    establish prima facie eligibility for an adjustment of status under
    such a provision, the alien may not be removed from the United States
    for any reason until the date that is 180 days after the first day of
    such applicable application period unless the alien has engaged in
    criminal conduct or is a threat to the national security of the United
    States.

    SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.

        (a) Grants Authorized.--The Assistant Attorney General, Office of
    Justice Programs, may award grants to qualified non-profit community
    organizations to educate, train, and support non-profit agencies,
    immigrant communities, and other interested entities regarding the
    provisions of this Act and the amendments made by this Act.
        (b) Use of Funds.--
                (1) In general.--Grants awarded under this section shall be
            used--
                        (A) for public education, training, technical
                    assistance, government liaison, and all related costs
                    (including personnel and equipment) incurred by the
                    grantee in providing services related to this Act; and
                        (B) to educate, train, and support nonprofit
                    organizations, immigrant communities, and other
                    interested parties regarding this Act and the
                    amendments made by this Act and on matters related to
                    its implementation.
                (2) Education.--In addition to the purposes described in
            paragraph (1), grants awarded under this section shall be used
            to--
                        (A) educate immigrant communities and other
                    interested entities regarding--
                                (i) the individuals and organizations that
                            can provide authorized legal representation in
                            immigration matters under regulations
                            prescribed by the Secretary; and
                                (ii) the dangers of securing legal advice
                            and assistance from those who are not
                            authorized to provide legal representation in
                            immigration matters;
                        (B) educate interested entities regarding the
                    requirements for obtaining nonprofit recognition and
                    accreditation to represent immigrants under regulations
                    prescribed by the Secretary;
                        (C) provide nonprofit agencies with training and
                    technical assistance on the recognition and
                    accreditation process; and
                        (D) educate nonprofit community organizations,
                    immigrant communities, and other interested entities
                    regarding--
                                (i) the process for obtaining benefits
                            under this Act or under an amendment made by
                            this Act; and
                                (ii) the availability of authorized legal
                            representation for low-income persons who may
                            qualify for benefits under this Act or under an
                            amendment made by this Act.
        (c) Diversity.--The Assistant Attorney General shall ensure, to the
    extent possible, that the nonprofit community organizations receiving
    grants under this section serve geographically diverse locations and
    ethnically diverse populations who may qualify for benefits under the
    Act.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Office of Justice Programs of the Department of
    Justice such sums as may be necessary for each of the fiscal years 2008
    through 2010 to carry out this section.

    SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.

        (a) Short Title.--This section may be cited as the ``Strengthening
    American Citizenship Act of 2007''.
        (b) Definition.--In this section, the term ``Oath of Allegiance''
    means the binding oath (or affirmation) of allegiance required to be
    naturalized as a citizen of the United States, as prescribed in section
    337(e) of the Immigration and Nationality Act, as added by subsection
    (h)(1)(B).
        (c) English Fluency.--
                (1) Education grants.--
                        (A) Establishment.--The Chief of the Office of
                    Citizenship of the Department (referred to in this
                    paragraph as the ``Chief'') shall establish a grant
                    program to provide grants in an amount not to exceed
                    $500 to assist legal residents of the United States who
                    declare an intent to apply for citizenship in the
                    United States to meet the requirements under section
                    312 of the Immigration and Nationality Act (8 U.S.C.
                    1423).
                        (B) Use of funds.--Grant funds awarded under this
                    paragraph shall be paid directly to an accredited
                    institution of higher education or other qualified
                    educational institution (as determined by the Chief)
                    for tuition, fees, books, and other educational
                    resources required by a course on the English language
                    in which the legal resident is enrolled.
                        (C) Application.--A legal resident desiring a grant
                    under this paragraph shall submit an application to the
                    Chief at such time, in such manner, and accompanied by
                    such information as the Chief may reasonably require.
                        (D) Priority.--If insufficient funds are available
                    to award grants to all qualified applicants, the Chief
                    shall give priority based on the financial need of the
                    applicants.
                        (E) Notice.--The Secretary, upon relevant
                    registration of a legal resident with the Department,
                    shall notify such legal resident of the availability of
                    grants under this paragraph for legal residents who
                    declare an intent to apply for United States
                    citizenship.
                        (F) Definition.--For purposes of this subsection,
                    the term ``legal resident'' means a lawful permanent
                    resident or a lawfully admitted alien who, in order to
                    adjust status to that of a lawful permanent resident
                    must demonstrate a knowledge of the English language or
                    satisfactory pursuit of a course of study to acquire
                    such knowledge of the English language.
                (2) Faster citizenship for english fluency.--Section 316 (8
            U.S.C. 1427) is amended by adding at the end the following:
        ``(g) A lawful permanent resident of the United States who
    demonstrates English fluency, in accordance with regulations prescribed
    by the Secretary of Homeland Security, in consultation with the
    Secretary of State, will satisfy the residency requirement under
    subsection (a) upon the completion of 4 years of continuous legal
    residency in the United States.''.
                (3) Savings provision.--Nothing in this subsection shall be
            construed to--
                        (A) modify the English language requirements for
                    naturalization under section 312(a)(1) of the
                    Immigration and Nationality Act (8 U.S.C. 1423(a)(1));
                    or
                        (B) influence the naturalization test redesign
                    process of the Office of Citizenship (except for the
                    requirement under subsection (h)(2)).
        (d) American Citizenship Grant Program.--
                (1) In general.--The Secretary shall establish a
            competitive grant program to provide financial assistance for--
                        (A) efforts by entities (including veterans and
                    patriotic organizations) certified by the Office of
                    Citizenship to promote the patriotic integration of
                    prospective citizens into the American way of life by
                    providing civics, history, and English as a second
                    language courses, with a specific emphasis on
                    attachment to principles of the Constitution of the
                    United States, the heroes of American history
                    (including military heroes), and the meaning of the
                    Oath of Allegiance; and
                        (B) other activities approved by the Secretary to
                    promote the patriotic integration of prospective
                    citizens and the implementation of the Immigration and
                    Nationality Act (8 U.S.C. 1101 et seq.), including
                    grants--
                                (i) to promote an understanding of the form
                            of government and history of the United States;
                            and
                                (ii) to promote an attachment to the
                            principles of the Constitution of the United
                            States and the well being and happiness of the
                            people of the United States.
                (2) Acceptance of gifts.--The Secretary may accept and use
            gifts from the United States Citizenship Foundation, if the
            foundation is established under subsection (e), for grants
            under this subsection.
                (3) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this subsection.
        (e) Funding for the Office of Citizenship.--
                (1) Authorization.--The Secretary, acting through the
            Director of the Bureau of Citizenship and Immigration Services,
            is authorized to establish the United States Citizenship
            Foundation (referred to in this subsection as the
            ``Foundation''), an organization duly incorporated in the
            District of Columbia, exclusively for charitable and
            educational purposes to support the functions of the Office of
            Citizenship.
                (2) Dedicated funding.--
                        (A) In general.--Not less than 1.5 percent of the
                    funds made available to the Bureau of Citizenship and
                    Immigration Services from fees shall be dedicated to
                    the functions of the Office of Citizenship, which shall
                    include the patriotic integration of prospective
                    citizens into--
                                (i) American common values and traditions,
                            including an understanding of American history
                            and the principles of the Constitution of the
                            United States; and
                                (ii) civic traditions of the United States,
                            including the Pledge of Allegiance, respect for
                            the flag of the United States, and voting in
                            public elections.
                        (B) Sense of congress.--It is the sense of Congress
                    that dedicating increased funds to the Office of
                    Citizenship should not result in an increase in fees
                    charged by the Bureau of Citizenship and Immigration
                    Services.
                (3) Gifts.--
                        (A) To foundation.--The Foundation may solicit,
                    accept, and make gifts of money and other property in
                    accordance with section 501(c)(3) of the Internal
                    Revenue Code of 1986.
                        (B) From foundation.--The Office of Citizenship may
                    accept gifts from the Foundation to support the
                    functions of the Office.
                (4) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            the mission of the Office of Citizenship, including the
            functions described in paragraph (2)(A).
        (f) Restriction on Use of Funds.--No funds appropriated to carry
    out a program under this subsection (d) or (e) may be used to organize
    individuals for the purpose of political activism or advocacy.
        (g) Reporting Requirement.--
                (1) In general.--The Chief of the Office of Citizenship
            shall submit an annual report to the Committee on Health,
            Education, Labor, and Pensions of the Senate, the Committee on
            the Judiciary of the Senate, the Committee on Education and the
            Workforce of the House of Representatives, and the Committee on
            the Judiciary of the House of Representatives.
                (2) Contents.--The report submitted under paragraph (1)
            shall include--
                        (A) a list of the entities that have received funds
                    from the Office of Citizenship during the reporting
                    period under this section and the amount of funding
                    received by each such entity;
                        (B) an evaluation of the extent to which grants
                    received under this section successfully promoted an
                    understanding of--
                                (i) the English language; and
                                (ii) American history and government,
                            including the heroes of American history, the
                            meaning of the Oath of Allegiance, and an
                            attachment to the principles of the
                            Constitution of the United States; and
                        (C) information about the number of legal residents
                    who were able to achieve the knowledge described under
                    paragraph (2) as a result of the grants provided under
                    this section.
        (h) Oath or Affirmation of Renunciation and Allegiance.--
                (1) Revision of oath.--Section 337 (8 U.S.C. 1448) is
            amended--
                        (A) in subsection (a), by striking ``under section
                    310(b) an oath'' and all that follows through
                    ``personal moral code.'' and inserting ``under section
                    310(b), the oath (or affirmation) of allegiance
                    prescribed in subsection (e).''; and
                        (B) by adding at the end the following:
        ``(e)(1) Subject to paragraphs (2) and (3), the oath (or
    affirmation) of allegiance prescribed in this subsection is as follows:
    `I take this oath solemnly, freely, and without any mental reservation.
    I absolutely and entirely renounce all allegiance to any foreign state
    or power of which I have been a subject or citizen. My fidelity and
    allegiance from this day forward are to the United States of America. I
    will bear true faith and allegiance to the Constitution and laws of the
    United States, and will support and defend them against all enemies,
    foreign and domestic. I will bear arms, or perform noncombatant
    military or civilian service, on behalf of the United States when
    required by law. This I do solemnly swear, so help me God.'.
        ``(2) If a person, by reason of religious training and belief (or
    individual interpretation thereof) or for other reasons of good
    conscience, cannot take the oath prescribed in paragraph (1)--
                ``(A) with the term `oath' included, the term `affirmation'
            shall be substituted for the term `oath'; and
                ``(B) with the phrase `so help me God' included, the phrase
            `so help me God' shall be omitted.
        ``(3) If a person shows by clear and convincing evidence to the
    satisfaction of the Attorney General that such person, by reason of
    religious training and belief, cannot take the oath prescribed in
    paragraph (1)--
                ``(A) because such person is opposed to the bearing of arms
            in the Armed Forces of the United States, the words `bear arms,
            or' shall be omitted; and
                ``(B) because such person is opposed to any type of service
            in the Armed Forces of the United States, the words `bear arms,
            or' and `noncombatant military or' shall be omitted.
        ``(4) As used in this subsection, the term `religious training and
    belief'--
                ``(A) means a belief of an individual in relation to a
            Supreme Being involving duties superior to those arising from
            any human relation; and
                ``(B) does not include essentially political, sociological,
            or philosophical views or a merely personal moral code.
        ``(5) Any reference in this title to `oath' or `oath of allegiance'
    under this section shall be deemed to refer to the oath (or
    affirmation) of allegiance prescribed under this subsection.''.
                (2) History and government test.--The Secretary shall
            incorporate a knowledge and understanding of the meaning of the
            Oath of Allegiance into the history and government test given
            to applicants for citizenship.
                (3) Notice to foreign embassies.--Upon the naturalization
            of a new citizen, the Secretary, in cooperation with the
            Secretary of State, shall notify the embassy of the country of
            which the new citizen was a citizen or subject that such
            citizen has--
                        (A) renounced allegiance to that foreign country;
                    and
                        (B) sworn allegiance to the United States.
                (4) Effective date.--The amendments made by paragraph (1)
            shall take effect on the date that is 6 months after the date
            of enactment of this Act.
        (i) Establishment of New Citizens Award Program.--
                (1) Establishment.--There is established a new citizens
            award program to recognize citizens who--
                        (A) have made an outstanding contribution to the
                    United States; and
                        (B) were naturalized during the 10-year period
                    ending on the date of such recognition.
                (2) Presentation authorized.--
                        (A) In general.--The President is authorized to
                    present a medal, in recognition of outstanding
                    contributions to the United States, to citizens
                    described in paragraph (1).
                        (B) Maximum number of awards.--Not more than 10
                    citizens may receive a medal under this subsection in
                    any calendar year.
                (3) Design and striking.--The Secretary of the Treasury
            shall strike a medal with suitable emblems, devices, and
            inscriptions, to be determined by the President.
                (4) National medals.--The medals struck pursuant to this
            subsection are national medals for purposes of chapter 51 of
            title 31, United States Code.
        (j) Naturalization Ceremonies.--
                (1) In general.--The Secretary, in consultation with the
            Director of the National Park Service, the Archivist of the
            United States, and other appropriate Federal officials, shall
            develop and implement a strategy to enhance the public
            awareness of naturalization ceremonies.
                (2) Venues.--In developing the strategy under this
            subsection, the Secretary shall consider the use of outstanding
            and historic locations as venues for select naturalization
            ceremonies.
                (3) Reporting requirement.--The Secretary shall submit an
            annual report to Congress that includes--
                        (A) the content of the strategy developed under
                    this subsection; and
                        (B) the progress made towards the implementation of
                    such strategy.

    SEC. 644. SUPPLEMENTAL IMMIGRATION FEE.

        (a) Authorization of Fee.--
                (1) In general.--Subject to paragraph (2), any alien who
            receives any immigration benefit under this title, or the
            amendments made by this title, shall, before receiving such
            benefit, pay a fee to the Secretary in an amount equal to $500,
            in addition to other applicable fees and penalties imposed
            under this title, or the amendments made by this title.
                (2) Fees contingent on appropriations.--No fee may be
            collected under this section except to the extent that the
            expenditure of the fee to pay the costs of activities and
            services for which the fee is imposed, as described in
            subsection (b), is provided for in advance in an appropriations
            Act.
        (b) Deposit and Expenditure of Fees.--
                (1) Deposit.--Amounts collected under subsection (a) shall
            be deposited as an offsetting collection in, and credited to,
            the accounts providing appropriations--
                        (A) to carry out the apprehension and detention of
                    any alien who is inadmissible by reason of any offense
                    described in section 212(a);
                        (B) to carry out the apprehension and detention of
                    any alien who is deportable for any offense under
                    section 237(a);
                        (C) to acquire border sensor and surveillance
                    technology;
                        (D) for air and marine interdiction, operations,
                    maintenance, and procurement;
                        (E) for construction projects in support of the
                    United States Customs and Border Protection;
                        (F) to train Federal law enforcement personnel; and
                        (G) for maritime security activities.
                (2) Availability of fees.--Amounts deposited under
            paragraph (1) shall remain available until expended for the
            activities and services described in paragraph (1).

    SEC. 645. ADDRESSING POVERTY IN MEXICO.

        (a) Findings.--Congress finds the following:
                (1) There is a strong correlation between economic freedom
            and economic prosperity.
                (2) Trade policy, fiscal burden of government, government
            intervention in the economy, monetary policy, capital flows and
            foreign investment, banking and finance, wages and prices,
            property rights, regulation, and informal market activity are
            key factors in economic freedom.
                (3) Poverty in Mexico, including rural poverty, can be
            mitigated through strengthened economic freedom within Mexico.
                (4) Strengthened economic freedom in Mexico can be a major
            influence in mitigating illegal immigration.
                (5) Advancing economic freedom within Mexico is an
            important part of any comprehensive plan to understanding the
            sources of poverty and the path to economic prosperity.
        (b) Grant Authorized.--The Secretary of State may award a grant to
    a land grant university in the United States to establish a national
    program for a broad, university-based Mexican rural poverty mitigation
    program.
        (c) Functions of Mexican Rural Poverty Mitigation Program.--The
    program established pursuant to subsection (b) shall--
                (1) match a land grant university in the United States with
            the lead Mexican public university in each of Mexico's 31
            states to provide state-level coordination of rural poverty
            programs in Mexico;
                (2) establish relationships and coordinate programmatic
            ties between universities in the United States and universities
            in Mexico to address the issue of rural poverty in Mexico;
                (3) establish and coordinate relationships with key leaders
            in the United States and Mexico to explore the effect of rural
            poverty on illegal immigration of Mexicans into the United
            States; and
                (4) address immigration and border security concerns
            through a university-based, binational approach for long-term
            institutional change.
        (d) Use of Funds.--
                (1) Authorized uses.--Grant funds awarded under this
            section may be used--
                        (A) for education, training, technical assistance,
                    and any related expenses (including personnel and
                    equipment) incurred by the grantee in implementing a
                    program described in subsection (a); and
                        (B) to establish an administrative structure for
                    such program in the United States.
                (2) Limitations.--Grant funds awarded under this section
            may not be used for activities, responsibilities, or related
            costs incurred by entities in Mexico.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated such funds as may be necessary to carry out this section.

                            TITLE VII--MISCELLANEOUS

                  Subtitle A--Immigration Litigation Reduction

                         CHAPTER 1--APPEALS AND REVIEW

    SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.

        (a) Department of Homeland Security.--
                (1) Trial attorneys.--In each of the fiscal years 2008
            through 2012, the Secretary shall, subject to the availability
            of appropriations for such purpose, increase the number of
            positions for attorneys in the Office of General Counsel of the
            Department who represent the Department in immigration matters
            by not less than 100 above the number of such positions for
            which funds were made available during each preceding fiscal
            year.
                (2) Authorization of appropriations.--There are authorized
            to be appropriated to the Secretary for each of the fiscal
            years 2008 through 2012 such sums as may be necessary to carry
            out this subsection.
        (b) Department of Justice.--
                (1) Litigation attorneys.--In each of the fiscal years 2008
            through 2012, the Attorney General shall, subject to the
            availability of appropriations for such purpose, increase by
            not less than 50 the number of positions for attorneys in the
            Office of Immigration Litigation of the Department of Justice.
                (2) United states attorneys.--In each of the fiscal years
            2008 through 2012, the Attorney General shall, subject to the
            availability of appropriations for such purpose, increase by
            not less than 50 the number of attorneys in the United States
            Attorneys' office to litigate immigration cases in the Federal
            courts.
                (3) Immigration judges.--In each of the fiscal years 2008
            through 2012, the Attorney General shall, subject to the
            availability of appropriations for such purpose--
                        (A) increase by not less than 20 the number of
                    full-time immigration judges compared to the number of
                    such positions for which funds were made available
                    during the preceding fiscal year; and
                        (B) increase by not less than 80 the number of
                    positions for personnel to support the immigration
                    judges described in subparagraph (A) compared to the
                    number of such positions for which funds were made
                    available during the preceding fiscal year.
                (4) Staff attorneys.--In each of the fiscal years 2008
            through 2012, the Attorney General shall, subject to the
            availability of appropriations for such purpose--
                        (A) increase by not less than 10 the number of
                    positions for full-time staff attorneys in the Board of
                    Immigration Appeals compared to the number of such
                    positions for which funds were made available during
                    the preceding fiscal year; and
                        (B) increase by not less than 10 the number of
                    positions for personnel to support the staff attorneys
                    described in subparagraph (A) compared to the number of
                    such positions for which funds were made available
                    during the preceding fiscal year
                (5) Authorization of appropriations.--There are authorized
            to be appropriated to the Attorney General for each of the
            fiscal years 2008 through 2012 such sums as may be necessary to
            carry out this subsection, including the hiring of necessary
            support staff.
        (c) Administrative Office of the United States Courts.--In each of
    the fiscal years 2008 through 2012, the Director of the Administrative
    Office of the United States Courts shall, subject to the availability
    of appropriations, increase by not less than 50 the number of attorneys
    in the Federal Defenders Program who litigate criminal immigration
    cases in the Federal courts.

                      CHAPTER 2--IMMIGRATION REVIEW REFORM

    SEC. 702. BOARD OF IMMIGRATION APPEALS.

        (a) Composition and Appointment.--Notwithstanding any other
    provision of law, the Board of Immigration Appeals of the Department of
    Justice (referred to in this section as the ``Board''), shall be
    composed of a Chair and 22 other immigration appeals judges, who shall
    be appointed by the Attorney General. Upon the expiration of a term of
    office, a Board member may continue to act until a successor has been
    appointed and qualified.
        (b) Qualifications.--Each member of the Board, including the Chair,
    shall--
                (1) be an attorney in good standing of a bar of a State or
            the District of Columbia;
                (2) have at least--
                        (A) 7 years of professional, legal expertise; or
                        (B) 5 years of professional, legal expertise in
                    immigration and nationality law; and
                (3) meet the minimum appointment requirements of an
            administrative law judge under title 5, United States Code.
        (c) Duties of the Chair.--The Chair of the Board, subject to the
    supervision of the Director of the Executive Office for Immigration
    Review, shall--
                (1) be responsible, on behalf of the Board, for the
            administrative operations of the Board and shall have the power
            to appoint such administrative assistants, attorneys, clerks,
            and other personnel as may be needed for that purpose;
                (2) direct, supervise, and establish internal operating
            procedures and policies of the Board;
                (3) designate a member of the Board to act as Chair if the
            Chair is absent or unavailable;
                (4) adjudicate cases as a member of the Board;
                (5) form 3-member panels as provided by subsection (g);
                (6) direct that a case be heard en banc as provided by
            subsection (h); and
                (7) exercise such other authorities as the Director may
            provide.
        (d) Board Members Duties.--In deciding a case before the Board, the
    Board--
                (1) shall exercise independent judgment and discretion; and
                (2) may take any action that is appropriate and necessary
            for the disposition of such case that is consistent with the
            authority provided in this section and any regulations
            established in accordance with this section.
        (e) Jurisdiction.--
                (1) In general.--The Board shall have jurisdiction to hear
            appeals described in section 1003.1(b) of title 8, Code of
            Federal Regulations (or any corresponding similar regulation).
                (2) Limitation.--The Board shall not have jurisdiction to
            hear an appeal of a decision of an immigration judge for an
            order of removal entered in absentia.
        (f) Scope of Review.--
                (1) Findings or fact.--The Board shall--
                        (A) accept findings of fact determined by an
                    immigration judge, including findings as to the
                    credibility of testimony, unless the findings are
                    clearly erroneous; and
                        (B) give due deference to an immigration judge's
                    application of the law to the facts.
                (2) Questions of law.--The Board shall review de novo
            questions of law, discretion, and judgment, and all other
            issues in appeals from decisions of immigration judges.
                (3) Appeals from officers' decisions.--
                        (A) Standard of review.--The Board shall review de
                    novo all questions arising in appeals from decisions
                    issued by officers of the Department.
                        (B) Prohibition of fact finding.--Except for taking
                    administrative notice of commonly known facts such as
                    current events or the contents of official documents,
                    the Board may not engage in fact-finding in the course
                    of deciding appeals.
                        (C) Remand.--A party asserting that the Board
                    cannot properly resolve an appeal without further fact-
                    finding shall file a motion for remand. If further
                    fact-finding is needed in a case, the Board shall
                    remand the proceeding to the immigration judge or, as
                    appropriate, to the Secretary.
        (g) Panels.--
                (1) In general.--Except as provided in paragraph (5) all
            cases shall be subject to review by a 3-member panel. The Chair
            shall divide the Board into 3-member panels and designate a
            presiding member.
                (2) Authority.--Each panel may exercise the appropriate
            authority of the Board that is necessary for the adjudication
            of cases before the Board.
                (3) Quorum.--Two members appointed to a panel shall
            constitute a quorum for such panel.
                (4) Changes in composition.--The Chair may from time to
            time make changes in the composition of a panel and of the
            presiding member of a panel.
                (5) Presiding member decisions.--The presiding member of a
            panel may act alone on any motion as provided in paragraphs (2)
            and (3) of subsection (i) and may not otherwise dismiss or
            determine an appeal as a single Board member.
        (h) En Banc Process.--
                (1) In general.--The Board may on its own motion, by a
            majority vote of the Board members, or by direction of the
            Chair--
                        (A) consider any case as the full Board en banc; or
                        (B) reconsider as the full Board en banc any case
                    that has been considered or decided by a 3-member panel
                    or by a limited en banc panel.
                (2) Quorum.--A majority of the Board members shall
            constitute a quorum of the Board sitting en banc.
        (i) Decisions of the Board.--
                (1) Affirmance without opinion.--Upon individualized review
            of a case, the Board may affirm the decision of an immigration
            judge without opinion only if--
                        (A) the decision of the immigration judge resolved
                    all issues in the case;
                        (B) the issue on appeal is squarely controlled by
                    existing Board or Federal court precedent and does not
                    involve the application of precedent to a novel fact
                    situation;
                        (C) the factual and legal questions raised on
                    appeal are so insubstantial that the case does not
                    warrant the issuance of a written opinion in the case;
                    and
                        (D) the Board approves both the result reached in
                    the decision below and all of the reasoning of that
                    decision.
                (2) Summary dismissal of appeals.--The 3-member panel or
            the presiding member acting alone may summarily dismiss any
            appeal or portion of any appeal in any case which--
                        (A) the party seeking the appeal fails to specify
                    the reasons for the appeal;
                        (B) the only reason for the appeal specified by
                    such party involves a finding of fact or a conclusion
                    of law that was conceded by that party at a prior
                    proceeding;
                        (C) the appeal is from an order that granted such
                    party the relief that had been requested;
                        (D) the appeal is determined to be filed for an
                    improper purpose, such as to cause unnecessary delay;
                    or
                        (E) the appeal lacks an arguable basis in fact or
                    in law and is not supported by a good faith argument
                    for extension, modification, or reversal of existing
                    law.
                (3) Unopposed dispositions.--The 3-member panel or the
            presiding member acting alone may--
                        (A) grant an unopposed motion or a motion to
                    withdraw an appeal pending before the Board; or
                        (B) adjudicate a motion to remand any appeal--
                                (i) from the decision of an officer of the
                            Department if the appropriate official of the
                            Department requests that the matter be remanded
                            back for further consideration;
                                (ii) if remand is required because of a
                            defective or missing transcript; or
                                (iii) if remand is required for any other
                            procedural or ministerial issue.
                (4) Notice of right to appeal.--The decision by the Board
            shall include notice to the alien of the alien's right to file
            a petition for review in a United States Court of Appeals not
            later than 30 days after the date of the decision.

    SEC. 703. IMMIGRATION JUDGES.

        (a) Appointment of Immigration Judges.--
                (1) In general.--The Chief Immigration Judge (as described
            in section 1003.9 of title 8, Code of Federal Regulations, or
            any corresponding similar regulation) and other immigration
            judges shall be appointed by the Attorney General. Upon the
            expiration of a term of office, the immigration judge may
            continue to act until a successor has been appointed and
            qualified.
                (2) Qualifications.--Each immigration judge, including the
            Chief Immigration Judge, shall be an attorney in good standing
            of a bar of a State or the District of Columbia and shall have
            at least 5 years of professional, legal expertise or at least 3
            years professional or legal expertise in immigration and
            nationality law.
        (b) Jurisdiction.--An Immigration judge shall have the authority to
    hear matters related to any removal proceeding pursuant to section 240
    of the Immigration and Nationality Act (8 U.S.C. 1229a) described in
    section 1240.1(a) of title 8, Code of Federal Regulations (or any
    corresponding similar regulation).
        (c) Duties of Immigration Judges.--In deciding a case, an
    immigration judge--
                (1) shall exercise independent judgment and discretion; and
                (2) may take any action that is appropriate and necessary
            for the disposition of such case that is consistent with their
            authorities under this section and regulations established in
            accordance with this section.
        (d) Review.--Decisions of immigration judges are subject to review
    by the Board of Immigration Appeals in any case in which the Board has
    jurisdiction.

    SEC. 704. REMOVAL AND REVIEW OF JUDGES.

        No immigration judge or member of the Board may be removed or
    otherwise subject to disciplinary or adverse action for their exercise
    of independent judgment and discretion as prescribed by this chapter.

    SEC. 705. LEGAL ORIENTATION PROGRAM.

        (a) Continued Operation.--The Director of the Executive Office for
    Immigration Review shall continue to operate a legal orientation
    program to provide basic information about immigration court procedures
    for immigration detainees and shall expand the legal orientation
    program to provide such information on a nationwide basis.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out such legal
    orientation program.

    SEC. 706. RULEMAKING.

        Not later than 180 days after the date of the enactment of this
    Act, the Attorney General shall issue regulations to implement this
    subtitle.

    SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION APPEALS.

        (a) In General.--The Comptroller General of the United States
    shall, not later than 180 days after enactment of this Act, conduct a
    study on the appellate process for immigration appeals.
        (b) Requirements.--In conducting the study under subsection (a),
    the Comptroller General shall consider the possibility of consolidating
    all appeals from the Board of Immigration Appeals and habeas corpus
    petitions in immigration cases into 1 United States Court of Appeals,
    by--
                (1) consolidating all such appeals into an existing circuit
            court, such as the United States Court of Appeals for the
            Federal Circuit;
                (2) consolidating all such appeals into a centralized
            appellate court consisting of active circuit court judges
            temporarily assigned from the various circuits, in a manner
            similar to the Foreign Intelligence Surveillance Court or the
            Temporary Emergency Court of Appeals; or
                (3) implementing a mechanism by which a panel of active
            circuit court judges shall have the authority to reassign such
            appeals from circuits with relatively high caseloads to
            circuits with relatively low caseloads.
        (c) Factors To Consider.--In conducting the study under subsection
    (a), the Comptroller General, in consultation with the Attorney
    General, the Secretary, and the Judicial Conference of the United
    States, shall consider--
                (1) the resources needed for each alternative, including
            judges, attorneys and other support staff, case management
            techniques including technological requirements, physical
            infrastructure, and other procedural and logistical issues as
            appropriate;
                (2) the impact of each plan on various circuits, including
            their caseload in general and caseload per panel;
                (3) the possibility of utilizing case management techniques
            to reduce the impact of any consolidation option, such as
            requiring certificates of reviewability, similar to procedures
            for habeas and existing summary dismissal procedures in local
            rules of the courts of appeals;
                (4) the effect of reforms in this Act on the ability of the
            circuit courts to adjudicate such appeals;
                (5) potential impact, if any, on litigants; and
                (6) other reforms to improve adjudication of immigration
            matters, including appellate review of motions to reopen and
            reconsider, and attorney fee awards with respect to review of
            final orders of removal.

    SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.

        Section 631(a) of title 28, United States Code, is amended by
    striking ``Northern Mariana Islands'' the first place it appears and
    inserting ``Northern Mariana Islands, including any judge in regular
    active service and any judge who has retired from regular active
    service under section 371(b) of this title,''.

      Subtitle B--Citizenship Assistance for Members of the Armed Services

    SEC. 711. SHORT TITLE.

        This subtitle may be cited as the ``Kendell Frederick Citizenship
    Assistance Act''.

    SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE
                  ARMED FORCES.

        Notwithstanding any other provision of law or any regulation, the
    Secretary shall use the fingerprints provided by an individual at the
    time the individual enlists in the Armed Forces to satisfy any
    requirement for fingerprints as part of an application for
    naturalization if the individual--
                (1) may be naturalized pursuant to section 328 or 329 of
            the Immigration and Nationality Act (8 U.S.C. 1439 and 1440);
                (2) was fingerprinted in accordance with the requirements
            of the Department of Defense at the time the individual
            enlisted in the Armed Forces; and
                (3) submits an application for naturalization not later
            than 12 months after the date the individual enlisted in the
            Armed Forces.

    SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE
                  ARMED FORCES.

        The Secretary shall--
                (1) establish a dedicated toll-free telephone service
            available only to members of the Armed Forces and the families
            of such members to provide information related to
            naturalization pursuant to section 328 or 329 of the
            Immigration and Nationality Act (8 U.S.C. 1439 or 1440),
            including the status of an application for such naturalization;
                (2) ensure that the telephone service required by paragraph
            (1) is operated by employees of the Department who--
                        (A) have received specialized training on the
                    naturalization process for members of the Armed Forces
                    and the families of such members; and
                        (B) are physically located in the same unit as the
                    military processing unit that adjudicates applications
                    for naturalization pursuant to such section 328 or 329;
                    and
                (3) implement a quality control program to monitor, on a
            regular basis, the accuracy and quality of information provided
            by the employees who operate the telephone service required by
            paragraph (1), including the breadth of the knowledge related
            to the naturalization process of such employees.

    SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.

        Not later than 30 days after the date that a modification to any
    law or regulation related to the naturalization process becomes
    effective, the Secretary shall update the appropriate application form
    for naturalization, the instructions and guidebook for obtaining
    naturalization, and the Internet website maintained by the Secretary to
    reflect such modification.

    SEC. 715. REPORTS.

        (a) Adjudication Process.--Not later than 120 days after the date
    of the enactment of this Act, the Comptroller General of the United
    States shall submit to the appropriate congressional committees a
    report on the entire process for the adjudication of an application for
    naturalization filed pursuant to section 328 or 329 of the Immigration
    and Nationality Act (8 U.S.C. 1439 or 1440), including the process that
    begins at the time the application is mailed to, or received by, the
    Secretary, regardless of whether the Secretary determines that such
    application is complete, through the final disposition of such
    application. Such report shall include a description of--
                (1) the methods of the Secretary to prepare, handle, and
            adjudicate such applications;
                (2) the effectiveness of the chain of authority,
            supervision, and training of employees of the Government or of
            other entities, including contract employees, who have any role
            in the such process or adjudication; and
                (3) the ability of the Secretary to use technology to
            facilitate or accomplish any aspect of such process or
            adjudication.
        (b) Implementation.--
                (1) Study.--The Comptroller General of the United States
            shall conduct a study on the implementation of this subtitle by
            the Secretary, including studying any technology that may be
            used to improve the efficiency of the naturalization process
            for members of the Armed Forces.
                (2) Report.--Not later than 180 days after the date that
            the Comptroller General submits the report required by
            subsection (a), the Comptroller General shall submit to the
            appropriate congressional committees a report on the study
            required by paragraph (1). The report shall include any
            recommendations of the Comptroller General for improving the
            implementation of this subtitle by the Secretary.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            the Judiciary of the Senate; and
                (2) the Committee on Armed Services and the Committee on
            the Judiciary of the House of Representatives.

               Subtitle C--State Court Interpreter Grant Program

    SEC. 721. SHORT TITLE.

        This subtitle may be cited as the ``State Court Interpreter Grant
    Program Act''.

    SEC. 722. FINDINGS.

        Congress finds that--
                (1) the fair administration of justice depends on the
            ability of all participants in a courtroom proceeding to
            understand that proceeding, regardless of their English
            proficiency;
                (2) 19 percent of the population of the United States over
            5 years of age speaks a language other than English at home;
                (3) only qualified court interpreters can ensure that
            persons with limited English proficiency comprehend judicial
            proceedings in which they are a party;
                (4) the knowledge and skills required of a qualified court
            interpreter differ substantially from those required in other
            interpretation settings, such as social service, medical,
            diplomatic, and conference interpreting;
                (5) the Federal Government has demonstrated its commitment
            to equal administration of justice regardless of English
            proficiency;
                (6) regulations implementing title VI of the Civil Rights
            Act of 1964, as well as the guidance issued by the Department
            of Justice pursuant to Executive Order 13166, issued August 11,
            2000, clarify that all recipients of Federal financial
            assistance, including State courts, are required to take
            reasonable steps to provide meaningful access to their
            proceedings for persons with limited English proficiency;
                (7) 34 States have developed, or are developing, court
            interpreting programs;
                (8) robust, effective court interpreter programs--
                        (A) actively recruit skilled individuals to be
                    court interpreters;
                        (B) train those individuals in the interpretation
                    of court proceedings;
                        (C) develop and use a thorough, systematic
                    certification process for court interpreters; and
                        (D) have sufficient funding to ensure that a
                    qualified interpreter will be available to the court
                    whenever necessary; and
                (9) Federal funding is necessary to--
                        (A) encourage State courts that do not have court
                    interpreter programs to develop them;
                        (B) assist State courts with nascent court
                    interpreter programs to implement them;
                        (C) assist State courts with limited court
                    interpreter programs to enhance them; and
                        (D) assist State courts with robust court
                    interpreter programs to make further improvements and
                    share successful programs with other States.

    SEC. 723. STATE COURT INTERPRETER GRANTS.

        (a) Grants Authorized.--
                (1) In general.--The Administrator of the Office of Justice
            Programs of the Department of Justice (referred to in this
            section as the ``Administrator'') shall make grants, in
            accordance with such regulations as the Attorney General may
            prescribe, to State courts to develop and implement programs to
            assist individuals with limited English proficiency to access
            and understand State court proceedings in which they are a
            party.
                (2) Technical assistance.--The Administrator shall
            allocate, for each fiscal year, $500,000 of the amount
            appropriated pursuant to section 724 to be used to establish a
            court interpreter technical assistance program to assist State
            courts receiving grants under this subtitle.
        (b) Use of Grants.--Grants awarded under subsection (a) may be used
    by State courts to--
                (1) assess regional language demands;
                (2) develop a court interpreter program for the State
            courts;
                (3) develop, institute, and administer language
            certification examinations;
                (4) recruit, train, and certify qualified court
            interpreters;
                (5) pay for salaries, transportation, and technology
            necessary to implement the court interpreter program developed
            under paragraph (2); and
                (6) engage in other related activities, as prescribed by
            the Attorney General.
        (c) Application.--
                (1) In general.--The highest State court of each State
            desiring a grant under this section shall submit an application
            to the Administrator at such time, in such manner, and
            accompanied by such information as the Administrator may
            reasonably require.
                (2) State courts.--The highest State court of each State
            submitting an application under paragraph (1) shall include in
            the application--
                        (A) an identification of each State court in that
                    State which would receive funds from the grant;
                        (B) the amount of funds each State court identified
                    under subparagraph (A) would receive from the grant;
                    and
                        (C) the procedures the highest State court would
                    use to directly distribute grant funds to State courts
                    identified under subparagraph (A).
        (d) State Court Allotments.--
                (1) Base allotment.--From amounts appropriated for each
            fiscal year pursuant to section 724, the Administrator shall
            allocate $100,000 to each of the highest State court of each
            State, which has an application approved under subsection (c).
                (2) Discretionary allotment.--From amounts appropriated for
            each fiscal year pursuant to section 724, the Administrator
            shall allocate a total of $5,000,000 to the highest State court
            of States that have extraordinary needs that must be addressed
            in order to develop, implement, or expand a State court
            interpreter program.
                (3) Additional allotment.--In addition to the allocations
            made under paragraphs (1) and (2), the Administrator shall
            allocate to each of the highest State court of each State,
            which has an application approved under subsection (c), an
            amount equal to the product reached by multiplying--
                        (A) the unallocated balance of the amount
                    appropriated for each fiscal year pursuant to section
                    724; and
                        (B) the ratio between the number of people over 5
                    years of age who speak a language other than English at
                    home in the State and the number of people over 5 years
                    of age who speak a language other than English at home
                    in all the States that receive an allocation under
                    paragraph (1), as those numbers are determined by the
                    Bureau of the Census.

    SEC. 724. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated $15,000,000 for each of the
    fiscal years 2008 through 2012 to carry out this subtitle.

         Subtitle D--Border Infrastructure and Technology Modernization

    SEC. 731. SHORT TITLE.

        This subtitle may be cited as the ``Border Infrastructure and
    Technology Modernization Act''.

    SEC. 732. DEFINITIONS.

        In this subtitle:
                (1) Commissioner.--The term ``Commissioner'' means the
            Commissioner of United States Customs and Border Protection of
            the Department.
                (2) Maquiladora.--The term ``maquiladora'' means an entity
            located in Mexico that assembles and produces goods from
            imported parts for export to the United States.
                (3) Northern border.--The term ``northern border'' means
            the international border between the United States and Canada.
                (4) Southern border.--The term ``southern border'' means
            the international border between the United States and Mexico.

    SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

        (a) Requirement To Update.--Not later than January 31 of each year,
    the Administrator of General Services shall update the Port of Entry
    Infrastructure Assessment Study prepared by the Bureau of Customs and
    Border Protection in accordance with the matter relating to the ports
    of entry infrastructure assessment that is set out in the joint
    explanatory statement in the conference report accompanying H.R. 2490
    of the 106th Congress, 1st session (House of Representatives Rep. No.
    106-319, on page 67) and submit such updated study to Congress.
        (b) Consultation.--In preparing the updated studies required in
    subsection (a), the Administrator of General Services shall consult
    with the Director of the Office of Management and Budget, the
    Secretary, and the Commissioner.
        (c) Content.--Each updated study required in subsection (a) shall--
                (1) identify port of entry infrastructure and technology
            improvement projects that would enhance border security and
            facilitate the flow of legitimate commerce if implemented;
                (2) include the projects identified in the National Land
            Border Security Plan required by section 734; and
                (3) prioritize the projects described in paragraphs (1) and
            (2) based on the ability of a project to--
                        (A) fulfill immediate security requirements; and
                        (B) facilitate trade across the borders of the
                    United States.
        (d) Project Implementation.--The Commissioner shall implement the
    infrastructure and technology improvement projects described in
    subsection (c) in the order of priority assigned to each project under
    subsection (c)(3).
        (e) Divergence From Priorities.--The Commissioner may diverge from
    the priority order if the Commissioner determines that significantly
    changed circumstances, such as immediate security needs or changes in
    infrastructure in Mexico or Canada, compellingly alter the need for a
    project in the United States.

    SEC. 734. NATIONAL LAND BORDER SECURITY PLAN.

        (a) In General.--Not later than 1 year after the date of the
    enactment of this Act, an annually thereafter, the Secretary, after
    consultation with representatives of Federal, State, and local law
    enforcement agencies and private entities that are involved in
    international trade across the northern border or the southern border,
    shall submit a National Land Border Security Plan to Congress.
        (b) Vulnerability Assessment.--
                (1) In general.--The plan required in subsection (a) shall
            include a vulnerability assessment of each port of entry
            located on the northern border or the southern border.
                (2) Port security coordinators.--The Secretary may
            establish 1 or more port security coordinators at each port of
            entry located on the northern border or the southern border--
                        (A) to assist in conducting a vulnerability
                    assessment at such port; and
                        (B) to provide other assistance with the
                    preparation of the plan required in subsection (a).

    SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.

        (a) Customs-Trade Partnership Against Terrorism.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Commissioner, in consultation with
            the Secretary, shall develop a plan to expand the size and
            scope, including personnel, of the Customs-Trade Partnership
            Against Terrorism programs along the northern border and
            southern border, including--
                        (A) the Business Anti-Smuggling Coalition;
                        (B) the Carrier Initiative Program;
                        (C) the Americas Counter Smuggling Initiative;
                        (D) the Container Security Initiative;
                        (E) the Free and Secure Trade Initiative; and
                        (F) other Industry Partnership Programs
                    administered by the Commissioner.
                (2) Southern border demonstration program.--Not later than
            180 days after the date of enactment of this Act, the
            Commissioner shall implement, on a demonstration basis, at
            least 1 Customs-Trade Partnership Against Terrorism program,
            which has been successfully implemented along the northern
            border, along the southern border.
        (b) Maquiladora Demonstration Program.--Not later than 180 days
    after the date of enactment of this Act, the Commissioner shall
    establish a demonstration program to develop a cooperative trade
    security system to improve supply chain security.

    SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

        (a) Establishment.--The Secretary shall carry out a technology
    demonstration program to--
                (1) test and evaluate new port of entry technologies;
                (2) refine port of entry technologies and operational
            concepts; and
                (3) train personnel under realistic conditions.
        (b) Technology and Facilities.--
                (1) Technology testing.--Under the technology demonstration
            program, the Secretary shall test technologies that enhance
            port of entry operations, including operations related to--
                        (A) inspections;
                        (B) communications;
                        (C) port tracking;
                        (D) identification of persons and cargo;
                        (E) sensory devices;
                        (F) personal detection;
                        (G) decision support; and
                        (H) the detection and identification of weapons of
                    mass destruction.
                (2) Development of facilities.--At a demonstration site
            selected pursuant to subsection (c)(2), the Secretary shall
            develop facilities to provide appropriate training to law
            enforcement personnel who have responsibility for border
            security, including--
                        (A) cross-training among agencies;
                        (B) advanced law enforcement training; and
                        (C) equipment orientation.
        (c) Demonstration Sites.--
                (1) Number.--The Secretary shall carry out the
            demonstration program at not less than 3 sites and not more
            than 5 sites.
                (2) Selection criteria.--To ensure that at least 1 of the
            facilities selected as a port of entry demonstration site for
            the demonstration program has the most up-to-date design,
            contains sufficient space to conduct the demonstration program,
            has a traffic volume low enough to easily incorporate new
            technologies without interrupting normal processing activity,
            and can efficiently carry out demonstration and port of entry
            operations, at least 1 port of entry selected as a
            demonstration site shall--
                        (A) have been established not more than 15 years
                    before the date of the enactment of this Act;
                        (B) consist of not less than 65 acres, with the
                    possibility of expansion to not less than 25 adjacent
                    acres; and
                        (C) have serviced an average of not more than
                    50,000 vehicles per month during the 1-year period
                    ending on the date of the enactment of this Act.
        (d) Relationship With Other Agencies.--The Secretary shall permit
    personnel from an appropriate Federal or State agency to utilize a
    demonstration site described in subsection (c) to test technologies
    that enhance port of entry operations, including technologies described
    in subparagraphs (A) through (H) of subsection (b)(1).
        (e) Report.--
                (1) Requirement.--Not later than 1 year after the date of
            the enactment of this Act, and annually thereafter, the
            Secretary shall submit to Congress a report on the activities
            carried out at each demonstration site under the technology
            demonstration program established under this section.
                (2) Content.--The report submitted under paragraph (1)
            shall include an assessment by the Secretary of the feasibility
            of incorporating any demonstrated technology for use throughout
            the Bureau of Customs and Border Protection.

    SEC. 737. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--In addition to any funds otherwise available,
    there are authorized to be appropriated--
                (1) such sums as may be necessary for the fiscal years 2008
            through 2012 to carry out the provisions of section 733(a);
                (2) to carry out section 733(d)--
                        (A) $100,000,000 for each of the fiscal years 2008
                    through 2012; and
                        (B) such sums as may be necessary in any succeeding
                    fiscal year;
                (3) to carry out section 735(a)--
                        (A) $30,000,000 for fiscal year 2008, of which
                    $5,000,000 shall be made available to fund the
                    demonstration project established in section 736(a)(2);
                    and
                        (B) such sums as may be necessary for the fiscal
                    years 2009 through 2012;
                (4) to carry out section 735(b)--
                        (A) $5,000,000 for fiscal year 2008; and
                        (B) such sums as may be necessary for the fiscal
                    years 2009 through 2012; and
                (5) to carry out section 736, provided that not more than
            $10,000,000 may be expended for technology demonstration
            program activities at any 1 port of entry demonstration site in
            any fiscal year--
                        (A) $50,000,000 for fiscal year 2008; and
                        (B) such sums as may be necessary for each of the
                    fiscal years 2009 through 2012.
        (b) International Agreements.--Amounts authorized to be
    appropriated under this subtitle may be used for the implementation of
    projects described in the Declaration on Embracing Technology and
    Cooperation to Promote the Secure and Efficient Flow of People and
    Commerce across our Shared Border between the United States and Mexico,
    agreed to March 22, 2002, Monterrey, Mexico (commonly known as the
    Border Partnership Action Plan) or the Smart Border Declaration between
    the United States and Canada, agreed to December 12, 2001, Ottawa,
    Canada that are consistent with the provisions of this subtitle.

                     Subtitle E--Family Humanitarian Relief

    SEC. 741. SHORT TITLE.

        This subtitle may be cited as the ``September 11th Family
    Humanitarian Relief and Patriotism Act''.

    SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF
                  TERRORISM.

        (a) Adjustment of Status.--
                (1) In general.--The status of any alien described in
            subsection (b) shall be adjusted by the Secretary to that of an
            alien lawfully admitted for permanent residence, if the alien--
                        (A) applies for such adjustment not later than 2
                    years after the date on which the Secretary promulgates
                    final regulations to implement this section; and
                        (B) is otherwise admissible to the United States
                    for permanent residence, except in determining such
                    admissibility the grounds for inadmissibility specified
                    in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
                    section 212(a) of the Immigration and Nationality Act
                    (8 U.S.C. 1182(a)) shall not apply.
                (2) Rules in applying certain provisions.--
                        (A) In general.--In the case of an alien described
                    in subsection (b) who is applying for adjustment of
                    status under this section--
                                (i) the provisions of section 241(a)(5) of
                            the Immigration and Nationality Act (8 U.S.C.
                            1231(a)(5)) shall not apply; and
                                (ii) the Secretary may grant the alien a
                            waiver on the grounds of inadmissibility under
                            subparagraphs (A) and (C) of section 212(a)(9)
                            of such Act (8 U.S.C. 1182(a)(9)).
                        (B) Standards.--In granting waivers under
                    subparagraph (A)(ii), the Secretary shall use standards
                    used in granting consent under subparagraphs (A)(iii)
                    and (C)(ii) of such section 212(a)(9).
                (3) Relationship of application to certain orders.--
                        (A) Application permitted.--An alien present in the
                    United States who has been ordered excluded, deported,
                    removed, or ordered to depart voluntarily from the
                    United States under any provision of the Immigration
                    and Nationality Act (8 U.S.C. 1101 et seq.) may,
                    notwithstanding such order, apply for adjustment of
                    status under paragraph (1).
                        (B) Motion not required.--An alien described in
                    subparagraph (A) may not be required, as a condition of
                    submitting or granting such application, to file a
                    separate motion to reopen, reconsider, or vacate such
                    order.
                        (C) Effect of decision.--If the Secretary grants a
                    request under subparagraph (A), the Secretary shall
                    cancel the order. If the Secretary renders a final
                    administrative decision to deny the request, the order
                    shall be effective and enforceable to the same extent
                    as if the application had not been made.
        (b) Aliens Eligible for Adjustment of Status.--The benefits
    provided by subsection (a) shall apply to any alien who--
                (1) was lawfully present in the United States as a
            nonimmigrant alien described in section 101(a)(15) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
            September 10, 2001;
                (2) was, on such date, the spouse, child, dependent son, or
            dependent daughter of an alien who--
                        (A) was lawfully present in the United States as a
                    nonimmigrant alien described in section 101(a)(15) of
                    the Immigration and Nationality Act (8 U.S.C.
                    1101(a)(15)) on such date; and
                        (B) died as a direct result of a specified
                    terrorist activity; and
                (3) was deemed to be a beneficiary of, and by, the
            September 11th Victim Compensation Fund of 2001 (49 U.S.C.
            40101 note).
        (c) Stay of Removal; Work Authorization.--
                (1) In general.--The Secretary shall establish, by
            regulation, a process by which an alien subject to a final
            order of removal may seek a stay of such order based on the
            filing of an application under subsection (a).
                (2) During certain proceedings.--Notwithstanding any
            provision of the Immigration and Nationality Act (8 U.S.C. 1101
            et seq.), the Secretary shall not order any alien to be removed
            from the United States, if the alien is in removal proceedings
            under any provision of such Act and has applied for adjustment
            of status under subsection (a), except where the Secretary has
            rendered a final administrative determination to deny the
            application.
                (3) Work authorization.--The Secretary shall authorize an
            alien who has applied for adjustment of status under subsection
            (a) to engage in employment in the United States during the
            pendency of such application.
        (d) Availability of Administrative Review.--The Secretary shall
    provide to applicants for adjustment of status under subsection (a) the
    same right to, and procedures for, administrative review as are
    provided to--
                (1) applicants for adjustment of status under section 245
            of the Immigration and Nationality Act (8 U.S.C. 1255); or
                (2) aliens subject to removal proceedings under section 240
            of such Act (8 U.S.C. 1229a).

    SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF
                  TERRORISM.

        (a) In General.--Subject to the provisions of the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1),
    (d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the
    Secretary shall, under such section 240A, cancel the removal of, and
    adjust to the status of an alien lawfully admitted for permanent
    residence, an alien described in subsection (b), if the alien applies
    for such relief.
        (b) Aliens Eligible for Cancellation of Removal.--The benefits
    provided by subsection (a) shall apply to any alien who--
                (1) was, on September 10, 2001, the spouse, child,
            dependent son, or dependent daughter of an alien who died as a
            direct result of a specified terrorist activity; and
                (2) was deemed to be a beneficiary of, and by, the
            September 11th Victim Compensation Fund of 2001 (49 U.S.C.
            40101 note).
        (c) Stay of Removal; Work Authorization.--
                (1) In general.--The Secretary shall provide by regulation
            for an alien subject to a final order of removal to seek a stay
            of such order based on the filing of an application under
            subsection (a).
                (2) Work authorization.--The Secretary shall authorize an
            alien who has applied for cancellation of removal under
            subsection (a) to engage in employment in the United States
            during the pendency of such application.
        (d) Motions To Reopen Removal Proceedings.--
                (1) In general.--Notwithstanding any limitation imposed by
            law on motions to reopen removal proceedings (except
            limitations premised on an alien's conviction of an aggravated
            felony (as defined in section 101(a)(43) of the Immigration and
            Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has
            become eligible for cancellation of removal as a result of the
            enactment of this section may file 1 motion to reopen removal
            proceedings to apply for such relief.
                (2) Filing period.--The Secretary shall designate a
            specific time period in which all such motions to reopen are
            required to be filed. The period shall begin not later than 60
            days after the date of enactment of this Act and shall extend
            for a period not to exceed 240 days.

    SEC. 744. EXCEPTIONS.

        Notwithstanding any other provision of this subtitle, an alien may
    not be provided relief under this subtitle if the alien is--
                (1) inadmissible under paragraph (2) or (3) of section
            212(a) of the Immigration and Nationality Act (8 U.S.C.
            1182(a)), or deportable under paragraph (2) or (4) of section
            237(a) of such Act (8 U.S.C. 1227(a)), including any individual
            culpable for a specified terrorist activity; or
                (2) a family member of an alien described in paragraph (1).

    SEC. 745. EVIDENCE OF DEATH.

        For purposes of this subtitle, the Secretary shall use the
    standards established under section 426 of the Uniting and
    Strengthening America by Providing Appropriate Tools Required to
    Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (115
    Stat. 362) in determining whether death occurred as a direct result of
    a specified terrorist activity.

    SEC. 746. DEFINITIONS.

        (a) Application of Immigration and Nationality Act Provisions.--
    Except as otherwise specifically provided in this subtitle, the
    definitions used in the Immigration and Nationality Act (8 U.S.C. 1101
    et seq.), other than the definitions applicable exclusively to title
    III of such Act, shall apply in the administration of this subtitle.
        (b) Specified Terrorist Activity Defined.--In this subtitle, the
    term ``specified terrorist activity'' means any terrorist activity
    conducted against the Government or the people of the United States on
    September 11, 2001.

                           Subtitle F--Other Matters

    SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.

        Section 329 (8 U.S.C. 1440) is amended--
                (1) in subsection (b), by striking ``subsection (a)'' and
            inserting ``subsection (a) and (d)''; and
                (2) by adding at the end the following:
        ``(d) Notwithstanding any other provision of law, except for
    provisions relating to revocation of citizenship under subsection (c),
    individuals who are not United States citizens shall not be denied the
    opportunity to apply for membership in the United States Armed Forces.
    Such individuals who become active duty members of the United States
    Armed Forces shall, consistent with this section and with the approval
    of their chain of command, be granted United States citizenship after
    performing at least 2 years of honorable and satisfactory service on
    active duty. Not later than 90 days after such requirements are met
    with respect to an individual, such individual shall be granted United
    States citizenship.
        ``(e) An alien described in subsection (d) shall be naturalized
    without regard to the requirements of this title III and any other
    requirements, processes, or procedures prescribed by the Secretary of
    Homeland Security, if the alien--
                ``(1) filed an application for naturalization in accordance
            with such procedures to carry out this section as may be
            established by regulation by the Secretary of Homeland Security
            or the Secretary of Defense;
                ``(2) demonstrates to the alien's military chain of
            command, proficiency in the English language, good moral
            character, and knowledge of the Federal Government and United
            States history, consistent with the requirements contained in
            this Act; and
                ``(3) takes the oath required under section 337 and
            participates in an oath administration ceremony in accordance
            with this Act.''.

    SEC. 752. SURVEILLANCE TECHNOLOGIES PROGRAMS.

        (a) Aerial Surveillance Program.--
                (1) In general.--In conjunction with the border
            surveillance plan developed under section 5201 of the
            Intelligence Reform and Terrorism Prevention Act of 2004
            (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
            later than 90 days after the date of enactment of this Act,
            shall develop and implement a program to fully integrate and
            utilize aerial surveillance technologies, including unmanned
            aerial vehicles, to enhance the security of the international
            border between the United States and Canada and the
            international border between the United States and Mexico. The
            goal of the program shall be to ensure continuous monitoring of
            each mile of each such border.
                (2) Assessment and consultation requirements.--In
            developing the program under this subsection, the Secretary
            shall--
                        (A) consider current and proposed aerial
                    surveillance technologies;
                        (B) assess the feasibility and advisability of
                    utilizing such technologies to address border threats,
                    including an assessment of the technologies considered
                    best suited to address respective threats;
                        (C) consult with the Secretary of Defense regarding
                    any technologies or equipment, which the Secretary may
                    deploy along an international border of the United
                    States; and
                        (D) consult with the Administrator of the Federal
                    Aviation Administration regarding safety, airspace
                    coordination and regulation, and any other issues
                    necessary for implementation of the program.
                (3) Additional requirements.--
                        (A) In general.--The program developed under this
                    subsection shall include the use of a variety of aerial
                    surveillance technologies in a variety of topographies
                    and areas, including populated and unpopulated areas
                    located on or near an international border of the
                    United States, in order to evaluate, for a range of
                    circumstances--
                                (i) the significance of previous
                            experiences with such technologies in border
                            security or critical infrastructure protection;
                                (ii) the cost and effectiveness of various
                            technologies for border security, including
                            varying levels of technical complexity; and
                                (iii) liability, safety, and privacy
                            concerns relating to the utilization of such
                            technologies for border security.
                (4) Continued use of aerial surveillance technologies.--The
            Secretary may continue the operation of aerial surveillance
            technologies while assessing the effectiveness of the
            utilization of such technologies.
                (5) Report to congress.--Not later than 180 days after
            implementing the program under this subsection, the Secretary
            shall submit a report to Congress regarding the program
            developed under this subsection. The Secretary shall include in
            the report a description of the program together with such
            recommendations as the Secretary finds appropriate for
            enhancing the program.
                (6) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this subsection.
        (b) Integrated and Automated Surveillance Program.--
                (1) Requirement for program.--Subject to the availability
            of appropriations, the Secretary shall establish a program to
            procure additional unmanned aerial vehicles, cameras, poles,
            sensors, satellites, radar coverage, and other technologies
            necessary to achieve operational control of the international
            borders of the United States and to establish a security
            perimeter known as a ``virtual fence'' along such international
            borders to provide a barrier to illegal immigration. Such
            program shall be known as the Integrated and Automated
            Surveillance Program.
                (2) Program components.--The Secretary shall ensure, to the
            maximum extent feasible, the Integrated and Automated
            Surveillance Program is carried out in a manner that--
                        (A) the technologies utilized in the Program are
                    integrated and function cohesively in an automated
                    fashion, including the integration of motion sensor
                    alerts and cameras, whereby a sensor alert
                    automatically activates a corresponding camera to pan
                    and tilt in the direction of the triggered sensor;
                        (B) cameras utilized in the Program do not have to
                    be manually operated;
                        (C) such camera views and positions are not fixed;
                        (D) surveillance video taken by such cameras can be
                    viewed at multiple designated communications centers;
                        (E) a standard process is used to collect, catalog,
                    and report intrusion and response data collected under
                    the Program;
                        (F) future remote surveillance technology
                    investments and upgrades for the Program can be
                    integrated with existing systems;
                        (G) performance measures are developed and applied
                    that can evaluate whether the Program is providing
                    desired results and increasing response effectiveness
                    in monitoring and detecting illegal intrusions along
                    the international borders of the United States;
                        (H) plans are developed under the Program to
                    streamline site selection, site validation, and
                    environmental assessment processes to minimize delays
                    of installing surveillance technology infrastructure;
                        (I) standards are developed under the Program to
                    expand the shared use of existing private and
                    governmental structures to install remote surveillance
                    technology infrastructure where possible; and
                        (J) standards are developed under the Program to
                    identify and deploy the use of nonpermanent or mobile
                    surveillance platforms that will increase the
                    Secretary's mobility and ability to identify illegal
                    border intrusions.
                (3) Report to congress.--Not later than 1 year after the
            initial implementation of the Integrated and Automated
            Surveillance Program, the Secretary shall submit to Congress a
            report regarding the Program. The Secretary shall include in
            the report a description of the Program together with any
            recommendation that the Secretary finds appropriate for
            enhancing the program.
                (4) Evaluation of contractors.--
                        (A) Requirement for standards.--The Secretary shall
                    develop appropriate standards to evaluate the
                    performance of any contractor providing goods or
                    services to carry out the Integrated and Automated
                    Surveillance Program.
                        (B) Review by the inspector general.--The Inspector
                    General of the Department shall timely review each new
                    contract related to the Program that has a value of
                    more than $5,000,000, to determine whether such
                    contract fully complies with applicable cost
                    requirements, performance objectives, program
                    milestones, and schedules. The Inspector General shall
                    report the findings of such review to the Secretary in
                    a timely manner. Not later than 30 days after the date
                    the Secretary receives a report of findings from the
                    Inspector General, the Secretary shall submit to the
                    Committee on Homeland Security and Governmental Affairs
                    of the Senate and the Committee on Homeland Security of
                    the House of Representatives a report of such findings
                    and a description of any the steps that the Secretary
                    has taken or plans to take in response to such
                    findings.
                (5) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this subsection.

    SEC. 753. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.

        (a) Review.--The Secretary, in consultation with the Secretary of
    State, shall conduct a comprehensive review of the immigration
    procedures in existence as of the date of the enactment of this Act.
        (b) Report.--Not later than 90 days after the date of the enactment
    of this Act, the Secretary shall submit to Congress a report, in
    classified form, if necessary, that--
                (1) identifies inefficient immigration procedures; and
                (2) outlines a plan to improve the efficiency and
            responsiveness of the immigration process.

    SEC. 754. NORTHERN BORDER PROSECUTION INITIATIVE.

        (a) Initiative Required.--
                (1) In general.--From amounts made available to carry out
            this section, the Attorney General, acting through the Director
            of the Bureau of Justice Assistance of the Office of Justice
            Programs, shall establish and carry out a program, to be known
            as the Northern Border Prosecution Initiative, to provide funds
            to reimburse eligible northern border entities for costs
            incurred by those entities for handling case dispositions of
            criminal cases that are federally initiated but federally
            declined-referred.
                (2) Relation with southwestern border prosecution
            initiative.--The program established in paragraph (1) shall--
                        (A) be modeled after the Southwestern Border
                    Prosecution Initiative; and
                        (B) serve as a partner program to that initiative
                    to reimburse local jurisdictions for processing Federal
                    cases.
        (b) Provision and Allocation of Funds.--Funds provided under the
    program established in subsection (a) shall be--
                (1) provided in the form of direct reimbursements; and
                (2) allocated in a manner consistent with the manner under
            which funds are allocated under the Southwestern Border
            Prosecution Initiative.
        (c) Use of Funds.--Funds provided to an eligible northern border
    entity under this section may be used by the entity for any lawful
    purpose, including:
                (1) Prosecution and related costs;
                (2) Court costs;
                (3) Costs of courtroom technology;
                (4) Costs of constructing holding spaces;
                (5) Costs of administrative staff;
                (6) Costs of defense counsel for indigent defendants; and
                (7) Detention costs, including pre-trial and post-trial
            detention.
        (d) Definitions.--In this section:
                (1) Case disposition.--The term ``case disposition''--
                        (A) for purposes of the Northern Border Prosecution
                    Initiative, refers to the time between the arrest of a
                    suspect and the resolution of the criminal charges
                    through a county or State judicial or prosecutorial
                    process; and
                        (B) does not include incarceration time for
                    sentenced offenders, or time spent by prosecutors on
                    judicial appeals.
                (2) Eligible northern border entity.--The term ``eligible
            northern border entity'' means--
                        (A) the States of Alaska, Idaho, Maine, Michigan,
                    Minnesota, Montana, New Hampshire, New York, North
                    Dakota, Ohio, Pennsylvania, Vermont, Washington, and
                    Wisconsin; or
                        (B) any unit of local government within a State
                    referred to in subparagraph (A).
                (3) Federally declined-referred.--The term ``federally
            declined-referred''--
                        (A) means, with respect to a criminal case, that a
                    decision has been made in that case by a United States
                    Attorney or a Federal law enforcement agency during a
                    Federal investigation to no longer pursue Federal
                    criminal charges against a defendant and to refer such
                    investigation to a State or local jurisdiction for
                    possible prosecution; and
                        (B) includes a decision made on an individualized
                    case-by-case basis as well as a decision made pursuant
                    to a general policy or practice or pursuant to
                    prosecutorial discretion.
                (4) Federally initiated.--The term ``federally initiated''
            means, with respect to a criminal case, that the case results
            from a criminal investigation or an arrest involving Federal
            law enforcement authorities for a potential violation of
            Federal criminal law, including investigations resulting from
            multi-jurisdictional task forces.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $28,000,000 for fiscal year 2008
    and such sums as may be necessary for each fiscal year thereafter.

    SEC. 755. SOUTHWEST BORDER PROSECUTION INITIATIVE.

        (a) Reimbursement to State and Local Prosecutors for Prosecuting
    Federally Initiated Drug Cases.--The Attorney General shall, subject to
    the availability of appropriations, reimburse Southern Border State and
    county prosecutors for prosecuting federally initiated and referred
    drug cases.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated $50,000,000 for each of the fiscal years 2008 through 2012
    to carry out subsection (a).

    SEC. 756. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

        (a) Short Title.--This section may be cited as the ``Initial Entry,
    Adjustment, and Citizenship Assistance Grant Act of 2007''.
        (b) Purpose.--The purpose of this section is to establish a grant
    program within the Bureau of Citizenship and Immigration Services that
    provides funding to community-based organizations, including community-
    based legal service organizations, as appropriate, to develop and
    implement programs to assist eligible applicants for the conditional
    nonimmigrant worker program established under this Act by providing
    them with the services described in subsection (d)(2).
        (c) Definitions.--In this section:
                (1) Community-based organization.--The term ``community-
            based organization'' means a nonprofit, tax-exempt
            organization, including a faith-based organization, whose staff
            has experience and expertise in meeting the legal, social,
            educational, cultural educational, or cultural needs of
            immigrants, refugees, persons granted asylum, or persons
            applying for such statuses.
                (2) IEACA grant.--The term ``IEACA grant'' means an Initial
            Entry, Adjustment, and Citizenship Assistance Grant authorized
            under subsection (d).
        (d) Establishment of Initial Entry, Adjustment, and Citizenship
    Assistance Grant Program.--
                (1) Grants authorized.--The Secretary, working through the
            Director of the Bureau of Citizenship and Immigration Services,
            may award IEACA grants to community-based organizations.
                (2) Use of funds.--Grants awarded under this section may be
            used for the design and implementation of programs to provide
            the following services:
                        (A) Initial application.--Assistance and
                    instruction, including legal assistance, to aliens
                    making initial application for treatment under the
                    program established by section 218D of the Immigration
                    and Nationality Act, as added by section 601. Such
                    assistance may include assisting applicants in--
                                (i) screening to assess prospective
                            applicants' potential eligibility or lack of
                            eligibility;
                                (ii) filling out applications;
                                (iii) gathering proof of identification,
                            employment, residence, and tax payment;
                                (iv) gathering proof of relationships of
                            eligible family members;
                                (v) applying for any waivers for which
                            applicants and qualifying family members may be
                            eligible; and
                                (vi) any other assistance that the
                            Secretary or grantee considers useful to aliens
                            who are interested in filing applications for
                            treatment under such section 218D.
                        (B) Adjustment of status.--Assistance and
                    instruction, including legal assistance, to aliens
                    seeking to adjust their status in accordance with
                    section 245 or 245B of the Immigration and Nationality
                    Act.
                        (C) Citizenship.--Assistance and instruction to
                    applicants on--
                                (i) the rights and responsibilities of
                            United States Citizenship;
                                (ii) English as a second language;
                                (iii) civics; or
                                (iv) applying for United States
                            citizenship.
                (3) Duration and renewal.--
                        (A) Duration.--Each grant awarded under this
                    section shall be awarded for a period of not more than
                    3 years.
                        (B) Renewal.--The Secretary may renew any grant
                    awarded under this section in 1-year increments.
                (4) Application for grants.--Each entity desiring an IEACA
            grant under this section shall submit an application to the
            Secretary at such time, in such manner, and accompanied by such
            information as the Secretary may require.
                (5) Eligible organizations.--A community-based organization
            applying for a grant under this section to provide services
            described in subparagraph (A), (B), or (C)(iv) of paragraph (2)
            may not receive such a grant unless the organization is--
                        (A) recognized by the Board of Immigration Appeals
                    under section 292.2 of title 8, Code of Federal
                    Regulations; or
                        (B) otherwise directed by an attorney.
                (6) Selection of grantees.--Grants awarded under this
            section shall be awarded on a competitive basis.
                (7) Geographic distribution of grants.--The Secretary shall
            approve applications under this section in a manner that
            ensures, to greatest extent practicable, that--
                        (A) not less than 50 percent of the funding for
                    grants under this section are awarded to programs
                    located in the 10 States with the highest percentage of
                    foreign-born residents; and
                        (B) not less than 20 percent of the funding for
                    grants under this section are awarded to programs
                    located in States that are not described in
                    subparagraph (A).
                (8) Ethnic diversity.--The Secretary shall ensure that
            community-based organizations receiving grants under this
            section provide services to an ethnically diverse population,
            to the greatest extent possible.
        (e) Liaison Between USCIS and Grantees.--The Secretary shall
    establish a liaison between United States Citizenship and Immigration
    Services and the community of providers of services under this section
    to assure quality control, efficiency, and greater client willingness
    to come forward.
        (f) Reports to Congress.--Not later than 180 days after the date of
    the enactment of this Act, and each subsequent July 1, the Secretary
    shall submit a report to Congress that includes information regarding--
                (1) the status of the implementation of this section;
                (2) the grants issued pursuant to this section; and
                (3) the results of those grants.
        (g) Source of Grant Funds.--
                (1) Application fees.--The Secretary may use funds made
            available under sections 218A(l)(2) and 218D(f)(4)(B) of the
            Immigration and Nationality Act, as added by this Act, to carry
            out this section.
                (2) Authorization of appropriations.--
                        (A) Amounts authorized.--In addition to the amounts
                    made available under paragraph (1), there are
                    authorized to be appropriated such additional sums as
                    may be necessary for each of the fiscal years 2008
                    through 2012 to carry out this section.
                        (B) Availability.--Any amounts appropriated
                    pursuant to subparagraph (A) shall remain available
                    until expended.
        (h) Distribution of Fees and Fines.--
                (1) H-2C visa fees.--Notwithstanding section 218A(l) of the
            Immigration and Nationality Act, as added by section 403, 2
            percent of the fees collected under section 218A of such Act
            shall be made available for grants under the Initial Entry,
            Adjustment, and Citizenship Assistance Grant Program
            established under this section.
                (2) Conditional nonimmigrant visa fees and fines.--
            Notwithstanding section 218D(f)(4) of the Immigration and
            Nationality Act, as added by section 601, 2 percent of the fees
            and fines collected under section 218D of such Act shall be
            made available for grants under the Initial Entry, Adjustment,
            and Citizenship Assistance Grant Program established under this
            section.

    SEC. 757. SCREENING OF MUNICIPAL SOLID WASTE.

        (a) Definitions.--In this section:
                (1) CBP.--The term ``CBP'' means United States Customs and
            Border Protection.
                (2) Commercial motor vehicle.--The term ``commercial motor
            vehicle'' has the meaning given the term in section 31101 of
            title 49, United States Code.
                (3) Commissioner.--The term ``Commissioner'' means the
            Commissioner of the CBP.
                (4) Municipal solid waste.--The term ``municipal solid
            waste'' includes sludge (as defined in section 1004 of the
            Solid Waste Disposal Act (42 U.S.C. 6903)).
        (b) Reports to Congress.--Not later than 90 days after the date of
    enactment of this Act, the Commissioner shall submit to Congress a
    report that--
                (1) indicates whether the methodologies and technologies
            used by the CBP to screen for and detect the presence of
            chemical, nuclear, biological, and radiological weapons in
            municipal solid waste are as effective as the methodologies and
            technologies used by the CBP to screen for those materials in
            other items of commerce entering the United States through
            commercial motor vehicle transport; and
                (2) if the report indicates that the methodologies and
            technologies used to screen municipal solid waste are less
            effective than those used to screen other items of commerce,
            identifies the actions that the CBP will take to achieve the
            same level of effectiveness in the screening of municipal solid
            waste, including actions necessary to meet the need for
            additional screening technologies.
        (c) Impact on Commercial Motor Vehicles.--If the Commissioner fails
    to fully implement an action identified under subsection (b)(2) before
    the earlier of the date that is 180 days after the date on which the
    report under subsection (b) is required to be submitted or the date
    that is 180 days after the date on which the report is submitted, the
    Secretary shall deny entry into the United States of any commercial
    motor vehicle carrying municipal solid waste until the Secretary
    certifies to Congress that the methodologies and technologies used by
    the CBP to screen for and detect the presence of chemical, nuclear,
    biological, and radiological weapons in municipal solid waste are as
    effective as the methodologies and technologies used by the CBP to
    screen for those materials in other items of commerce entering into the
    United States through commercial motor vehicle transport.

    SEC. 758. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT
                  ACCESSIBLE BY ROAD.

        Notwithstanding any other provision of law, the Secretary shall
    permit an employee of Customs and Border Protection or Immigration and
    Customs Enforcement who carries out the functions of Customs and Border
    Protection or Immigration and Customs Enforcement in a geographic area
    that is not accessible by road to carry out any function that was
    performed by an employee of the Immigration and Naturalization Service
    in such area prior to the date of the enactment of the Homeland
    Security Act of 2002 (6 U.S.C. 101 et seq.).

    SEC. 759. BORDER SECURITY ON CERTAIN FEDERAL LAND.

        (a) Definitions.--In this section:
                (1) Protected land.--The term ``protected land'' means land
            under the jurisdiction of the Secretary concerned.
                (2) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) with respect to land under the jurisdiction of
                    the Secretary of Agriculture, the Secretary of
                    Agriculture; and
                        (B) with respect to land under the jurisdiction of
                    the Secretary of the Interior, the Secretary of the
                    Interior.
        (b) Support for Border Security Needs.--
                (1) In general.--To gain operational control over the
            international land borders of the United States and to prevent
            the entry of terrorists, unlawful aliens, narcotics, and other
            contraband into the United States, the Secretary, in
            cooperation with the Secretary concerned, shall provide--
                        (A) increased Customs and Border Protection
                    personnel to secure protected land along the
                    international land borders of the United States;
                        (B) Federal land resource training for Customs and
                    Border Protection agents dedicated to protected land;
                    and
                        (C) Unmanned Aerial Vehicles, aerial assets, Remote
                    Video Surveillance camera systems, and sensors on
                    protected land that is directly adjacent to the
                    international land border of the United States, with
                    priority given to units of the National Park System.
                (2) Coordination.--In providing training for Customs and
            Border Protection agents under paragraph (1)(B), the Secretary
            shall coordinate with the Secretary concerned to ensure that
            the training is appropriate to the mission of the National Park
            Service, the United States Fish and Wildlife Service, the
            Forest Service, or the relevant agency of the Department of the
            Interior or the Department of Agriculture to minimize the
            adverse impact on natural and cultural resources from border
            protection activities.
        (c) Inventory of Costs and Activities.--The Secretary concerned
    shall develop and submit to the Secretary an inventory of costs
    incurred by the Secretary concerned relating to illegal border
    activity, including the cost of equipment, training, recurring
    maintenance, construction of facilities, restoration of natural and
    cultural resources, recapitalization of facilities, and operations.
        (d) Recommendations.--The Secretary shall--
                (1) develop joint recommendations with the National Park
            Service, the United States Fish and Wildlife Service, and the
            Forest Service for an appropriate cost recovery mechanism
            relating to items identified in subsection (c); and
                (2) not later than March 31, 2008, submit to the
            appropriate congressional committees (as defined in section 2
            of the Homeland Security Act of 2002 (6 U.S.C. 101)), including
            the Subcommittee on National Parks of the Senate and the
            Subcommittee on National Parks, Recreation and Public Lands of
            the House of Representatives, the recommendations developed
            under paragraph (1).
        (e) Border Protection Strategy.--The Secretary, the Secretary of
    the Interior, and the Secretary of Agriculture shall jointly develop a
    border protection strategy that supports the border security needs of
    the United States in the manner that best protects--
                (1) units of the National Park System;
                (2) National Forest System land;
                (3) land under the jurisdiction of the United States Fish
            and Wildlife Service; and
                (4) other relevant land under the jurisdiction of the
            Department of the Interior or the Department of Agriculture.

    SEC. 760. UNMANNED AERIAL VEHICLES.

        (a) Unmanned Aerial Vehicles and Associated Infrastructure.--The
    Secretary shall acquire and maintain MQ-9 unmanned aerial vehicles for
    use on the border, including related equipment such as--
                (1) additional sensors;
                (2) critical spares;
                (3) satellite command and control; and
                (4) other necessary equipment for operational support.
        (b) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated to
            the Secretary to carry out subsection (a)--
                        (A) $178,400,000 for fiscal year 2008; and
                        (B) $276,000,000 for fiscal year 2009.
                (2) Availability of funds.--Amounts appropriated pursuant
            to paragraph (1) shall remain available until expended.

    SEC. 761. RELIEF FOR WIDOWS AND ORPHANS.

        (a) In General.--
                (1) In general.--In applying clause (iii) of section
            201(b)(2)(A) of the Immigration and Nationality Act, as added
            by section 504(a), to an alien whose citizen relative died
            before the date of the enactment of this Act, the alien
            relative may (notwithstanding the deadlines specified in such
            clause) file the classification petition under section
            204(a)(1)(A)(ii) of such Act not later than 2 years after the
            date of the enactment of this Act.
                (2) Eligibility for parole.--If an alien was excluded,
            deported, removed or departed voluntarily before the date of
            the enactment of this Act based solely upon the alien's lack of
            classification as an immediate relative (as defined by
            201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to
            the citizen's death--
                        (A) such alien shall be eligible for parole into
                    the United States pursuant to the Attorney General's
                    discretionary authority under section 212(d)(5) of such
                    Act; and
                        (B) such alien's application for adjustment of
                    status shall be considered notwithstanding section
                    212(a)(9) of such Act.
        (b) Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended
    by section 408(h) of this Act, is further amended by adding at the end
    the following:
        ``(o) Application for Adjustment of Status by Surviving Spouses,
    Parents, and Children.--
                ``(1) In general.--Any alien described in paragraph (2) who
            applies for adjustment of status before the death of the
            qualifying relative, may have such application adjudicated as
            if such death had not occurred.
                ``(2) Alien described.--An alien is described in this
            paragraph is an alien who--
                        ``(A) is an immediate relative (as described in
                    section 201(b)(2)(A));
                        ``(B) is a family-sponsored immigrant (as described
                    in subsection (a) or (d) of section 203);
                        ``(C) is a derivative beneficiary of an employment-
                    based immigrant under section 203(b) (as described in
                    section 203(d)); or
                        ``(D) is a derivative beneficiary of a diversity
                    immigrant (as described in section 203(c)).''.
        (c) Transition Period.--
                (1) In general.--Notwithstanding a denial of an application
            for adjustment of status for an alien whose qualifying relative
            died before the date of the enactment of this Act, such
            application may be renewed by the alien through a motion to
            reopen, without fee, if such motion is filed not later than 2
            years after such date of enactment.
                (2) Eligibility for parole.--If an alien was excluded,
            deported, removed or departed voluntarily before the date of
            the enactment of this Act--
                        (A) such alien shall be eligible for parole into
                    the United States pursuant to the Attorney General's
                    discretionary authority under section 212(d)(5) of the
                    Immigration and Nationality Act; and
                        (B) such alien's application for adjustment of
                    status shall be considered notwithstanding section
                    212(a)(9) of such Act.
        (d) Processing of Immigrant Visas.--Section 204(b) (8 U.S.C. 1154),
    as amended by section 204(b) of this Act, is further amended--
                (1) by striking ``After an investigation'' and inserting
            the following:
                ``(1) In general.--After an investigation''; and
                (2) by adding at the end the following:
                ``(2) Death of qualifying relative.--
                        ``(A) In general.--Any alien described in paragraph
                    (2) whose qualifying relative died before the
                    completion of immigrant visa processing may have an
                    immigrant visa application adjudicated as if such death
                    had not occurred. An immigrant visa issued before the
                    death of the qualifying relative shall remain valid
                    after such death.
                        ``(B) Alien described.--An alien is described in
                    this paragraph is an alien who--
                                ``(i) is an immediate relative (as
                            described in section 201(b)(2)(A));
                                ``(ii) is a family-sponsored immigrant (as
                            described in subsection (a) or (d) of section
                            203);
                                ``(iii) is a derivative beneficiary of an
                            employment-based immigrant under section 203(b)
                            (as described in section 203(d)); or
                                ``(iv) is a derivative beneficiary of a
                            diversity immigrant (as described in section
                            203(c)).''.
        (e) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is amended
    by inserting ``(or, if the spouse is deceased, the spouse was a citizen
    of the United States)'' after ``citizen of the United States''.

    SEC. 762. TERRORIST ACTIVITIES.

        Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
                (1) in subclause (III), by striking ``, under circumstances
            indicating an intention to cause death or serious bodily harm,
            incited'' and inserting ``incited or advocated''; and
                (2) in subclause (VII), by striking ``or espouses terrorist
            activity or persuades others to endorse or espouse'' and
            inserting ``espouses, or advocates terrorist activity or
            persuades others to endorse, espouse, or advocate''.

    SEC. 763. FAMILY UNITY.

        Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended by section
    212(a) of this Act, is further amended--
                (1) in subparagraph (C)(ii), by striking ``between--'' and
            all that follows and inserting the following: ``between--
                                        ``(I) the alien having been
                                    battered or subjected to extreme
                                    cruelty; and
                                        ``(II) the alien's removal,
                                    departure from the United States,
                                    reentry or reentries into the United
                                    States, or attempted reentry into the
                                    United States.''; and
                (2) by adding at the end the following:
                        ``(D) Waiver.--
                                ``(i) In general.--The Secretary may waive
                            the application of subparagraphs (B) and (C)
                            for an alien who is a beneficiary of a petition
                            filed under section 201 or 203 if such petition
                            was filed not later than the date of the
                            enactment of the Comprehensive Immigration
                            Reform Act of 2007.
                                ``(ii) Fine.--An alien who is granted a
                            waiver under clause (i) shall pay a $2,000
                            fine.''.

    SEC. 764. TRAVEL DOCUMENT PLAN.

        Section 7209 (b)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (8 U.S.C. 1185 note) is amended by striking
    ``January 1, 2008'' and inserting ``June 1, 2009''.

    SEC. 765. ENGLISH AS NATIONAL LANGUAGE.

        (a) In General.--Title 4, United States Code, is amended by adding
    at the end the following:

          ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT OF THE UNITED STATES

    ``Sec.
    ``161. Declaration of national language.
    ``162. Preserving and enhancing the role of the national language.
    ``Sec. 161. Declaration of national language
        ``English is the national language of the United States.
    ``Sec. 162. Preserving and enhancing the role of the national language
        ``The Government of the United States shall preserve and enhance
    the role of English as the national language of the United States of
    America. Unless otherwise authorized or provided by law, no person has
    a right, entitlement, or claim to have the Government of the United
    States or any of its officials or representatives act, communicate,
    perform or provide services, or provide materials in any language other
    than English. If exceptions are made, that does not create a legal
    entitlement to additional services in that language or any language
    other than English. If any forms are issued by the Federal Government
    in a language other than English (or such forms are completed in a
    language other than English), the English language version of the form
    is the sole authority for all legal purposes.''.
        (b) Conforming Amendment.--The table of chapters for title 4,
    United States Code, is amended by adding at the end the following:

    ``6. Language of the Government of the United States........     161''.

    SEC. 766. REQUIREMENTS FOR NATURALIZATION.

        (a) Findings.--Congress makes the following findings:
                (1) Section 312 of the Immigration and Nationality Act (8
            U.S.C. 1423) requies lawful permanent residents of the United
            States who have immigrated from foreign countries, among other
            requirements, to demonstrate an understanding of the English
            language, United States history and Government, before becoming
            citizens of the United States.
                (2) The Department has conducted a review of the testing
            process used to ensure prospective United States citizens
            demonstrate said knowledge of the English language and United
            States history and Government for the purpose of redesigning
            said test.
        (b) Definitions.--In this section:
                (1) Key documents.--The term ``key documents'' means the
            documents that established or explained the foundational
            principles of democracy in the United States, including the
            Constitution of the United States, the Declaration of
            Independence, the Federalist Papers, and the Emancipation
            Proclamation.
                (2) Key events.--The term ``key events'' means the critical
            turning points in the history of the United States (including
            the American Revolution, the Civil War, the world wars of the
            twentieth century, the civil rights movement, and the major
            court decisions and legislation) that contributed to extending
            the promise of democracy in American life.
                (3) Key ideas.--The term ``key ideas'' means the ideas that
            shaped the democratic institutions and heritage of the United
            States, including the notion of equal justice under the law,
            freedom, individualism, human rights, and a belief in progress.
                (4) Key persons.--The term ``key persons'' means the men
            and women who led the United States as founding fathers,
            elected officials, scientists, inventors, pioneers, advocates
            of equal rights, entrepreneurs, and artists.
        (c) Goals for Citizenship Test Redesign.--The Secretary shall
    establish, as goals of the testing process designed to comply with
    section 312 of the Immigration and Nationality Act, that prospective
    citizens--
                (1) demonstrate a sufficient understanding of the English
            language for usage in everyday life;
                (2) demonstrate an understanding of American common values
            and traditions, including the principles of the Constitution of
            the United States, the Pledge of Allegiance, respect for the
            flag of the United States, the National Anthem, and voting in
            public elections;
                (3) demonstrate an understanding of the history of the
            United States, including the key events, key persons, key
            ideas, and key documents that shaped the institutions and
            democratic heritage of the United States;
                (4) demonstrate an attachment to the principles of the
            Constitution of the United States and the well being and
            happiness of the people of the United States; and
                (5) demonstrate an understanding of the rights and
            responsibilities of citizenship in the United States.
        (d) Implementation.--The Secretary shall implement changes to the
    testing process designed to ensure compliance with (8 U.S.C. 1423 (a))
    not later than January 1, 2008.

    SEC. 767. DECLARATION OF ENGLISH.

        English is the common and unifying language of the United States
    that helps provide unity for the people of the United States.

    SEC. 768. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH LANGUAGE.

        (a) Requirement.--The Government of the United States shall
    preserve and enhance the role of English as the common and unifying
    language of America.
        (b) Relationship to Other Laws.--Nothing in this section may be
    construed to diminish or expand any existing right under Federal law
    relative to services or materials provided by the Government of the
    United States in any language other than English.
        (c) Law Defined.--In this this section, the term ``law'' includes
    provisions of the United States Code and the United States
    Constitution, controlling judicial decisions, regulations, and
    controlling Presidential Executive Orders.

    SEC. 769. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL APPORTIONMENT
                  TABULATIONS.

        In addition to any report required under this Act, the Director of
    the Bureau of the Census shall submit to Congress a report on the
    impact of illegal immigration on the apportionment of Representatives
    of Congress among the several States, and any methods and procedures
    that the Director determines to be feasible and appropriate, to ensure
    that individuals who are found by an authorized Federal agency to be
    unlawfully present in the United States are not counted in tabulating
    population for purposes of apportionment of Representatives in Congress
    among the several States.

    SEC. 770. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

        (a) Internal Corruption; Benefits Fraud.--Section 453 of the
    Homeland Security Act of 2002 (6 U.S.C. 273) is amended--
                (1) by striking ``the Bureau of'' each place it appears and
            inserting ``United States'';
                (2) in subsection (a)--
                        (A) by striking paragraph (1) and inserting the
                    following:
                ``(1) establishing the Office of Internal Corruption
            Investigation, which shall--
                        ``(A) receive, process, administer, and investigate
                    criminal and noncriminal allegations of misconduct,
                    corruption, and fraud involving any employee or
                    contract worker of United States Citizenship and
                    Immigration Services that are not subject to
                    investigation by the Inspector General for the
                    Department;
                        ``(B) ensure that all complaints alleging any
                    violation described in subparagraph (A) are handled and
                    stored in a manner appropriate to their sensitivity;
                        ``(C) 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 for which the Director is responsible under
                    this Act;
                        ``(D) request such information or assistance from
                    any Federal, State, or local government agency as may
                    be necessary for carrying out the duties and
                    responsibilities under this section;
                        ``(E) require the production of all information,
                    documents, reports, answers, records, accounts, papers,
                    and other data and documentary evidence necessary to
                    carry out the functions under this section--
                                ``(i) by subpoena, which shall be
                            enforceable, in the case of contumacy or
                            refusal to obey, by order of any appropriate
                            United States district court; or
                                ``(ii) through procedures other than
                            subpoenas if obtaining documents or information
                            from Federal agencies;
                        ``(F) administer to, or take from, any person an
                    oath, affirmation, or affidavit, as necessary to carry
                    out the functions under this section, which oath,
                    affirmation, or affidavit, if administered or taken by
                    or before an agent of the Office of Internal Corruption
                    Investigation shall have the same force and effect as
                    if administered or taken by or before an officer having
                    a seal;
                        ``(G) investigate criminal allegations and
                    noncriminal misconduct;
                        ``(H) acquire adequate office space, equipment, and
                    supplies as necessary to carry out the functions and
                    responsibilities under this section; and
                        ``(I) be under the direct supervision of the
                    Director.'';
                        (B) in paragraph (2), by striking ``and'' at the
                    end;
                        (C) in paragraph (3), by striking the period at the
                    end and inserting ``; and''; and
                        (D) by adding at the end the following:
                ``(4) establishing the Office of Immigration Benefits Fraud
            Investigation, which shall--
                        ``(A) conduct administrative investigations,
                    including site visits, to address immigration benefit
                    fraud;
                        ``(B) assist United States Citizenship and
                    Immigration Services provide the right benefit to the
                    right person at the right time;
                        ``(C) track, measure, assess, conduct pattern
                    analysis, and report fraud-related data to the
                    Director; and
                        ``(D) work with counterparts in other Federal
                    agencies on matters of mutual interest or information-
                    sharing relating to immigration benefit fraud.''; and
                (3) by adding at the end the following:
        ``(c) Annual Report.--The Director, in consultation with the Office
    of Internal Corruption Investigations, shall submit an annual report to
    the Committee on the Judiciary of the Senate and the Committee on the
    Judiciary of the House of Representatives that describes--
                ``(1) the activities of the Office, including the number of
            investigations began, completed, pending, turned over to the
            Inspector General for criminal investigations, and turned over
            to a United States Attorney for prosecution; and
                ``(2) the types of allegations investigated by the Office
            during the 12-month period immediately preceding the submission
            of the report that relate to the misconduct, corruption, and
            fraud described in subsection (a)(1).''.
        (b) Use of Immigration Fees To Combat Fraud.--Section 286(v)(2)(B)
    (8 U.S.C. 1356(v)(2)(B)) is amended by adding at the end the following:
    ``Not less than 20 percent of the funds made available under this
    subparagraph shall be used for activities and functions described in
    paragraphs (1) and (4) of section 453(a) of the Homeland Security Act
    of 2002 (6 U.S.C. 273(a)).''.

    SEC. 771. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED RELIGIOUS
                  MINORITIES.

        (a) In General.--The Secretary shall adjust the status of an alien
    to that of an alien lawfully admitted for permanent residence if the
    alien--
                (1) is a persecuted religious minority;
                (2) is admissible to the United States as an immigrant,
            except as provided under subsection (b);
                (3) had an application for asylum pending on May 1, 2003;
                (4) applies for such adjustment of status;
                (5) was physically present in the United States on the date
            the application for such adjustment is filed; and
                (6) pays a fee, in an amount determined by the Secretary,
            for the processing of such application.
        (b) Waiver of Certain Grounds for Inadmissibility.--
                (1) Inapplicable provision.--Section 212(a)(7) of the
            Immigration and Nationality Act (8 U.S.C. 1182(a)(7)) shall not
            apply to any adjustment of status under this section.
                (2) Waiver.--The Secretary may waive any other provision of
            section 212(a) of such Act (except for paragraphs (2) and (3))
            if extraordinary and compelling circumstances warrant such an
            adjustment for humanitarian purposes, to ensure family unity,
            or if it is otherwise in the public interest.

    SEC. 772. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS FOR CERTAIN
                  LEGAL ASSISTANCE.

        Section 305 of the Immigration Reform and Control Act of 1986 (8
    U.S.C. 1101 note; Public Law 99-603) is amended--
                (1) by striking ``section 101(a)(15)(H)(ii)(a) of the
            Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)(H)(ii)(a))'' and inserting ``item (a) or (b) of
            section 101(a)(15)(H)(ii) of the Immigration and Nationality
            Act (8 U.S.C. 1101(a)(15)(H)(ii))''; and
                (2) by inserting ``or forestry'' after ``agricultural''.

    SEC. 773. DESIGNATION OF PROGRAM COUNTRIES.

        Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is amended to read as
    follows:
                ``(1) In general.--As soon as any country fully meets the
            requirements under paragraph (2), the Secretary of Homeland
            Security, in consultation with the Secretary of State, shall
            designate such country as a program country.''.

    SEC. 774. GLOBAL HEALTHCARE COOPERATION.

        (a) Global Healthcare Cooperation.--Title III (8 U.S.C. 1401 et
    seq.) is amended by inserting after section 317 the following:

    ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE IN
                  DEVELOPING COUNTRIES.

        ``(a) In General.--Notwithstanding any other provision of this Act,
    the Secretary of Homeland Security shall allow an eligible alien and
    the spouse or child of such alien to reside in a candidate country
    during the period that the eligible alien is working as a physician or
    other healthcare worker in a candidate country. During such period the
    eligible alien and such spouse or child shall be considered--
                ``(1) to be physically present and residing in the United
            States for purposes of naturalization under section 316(a); and
                ``(2) to meet the continuous residency requirements under
            section 316(b).
        ``(b) Definitions.--In this section:
                ``(1) Candidate country.--The term `candidate country'
            means a country that the Secretary of State determines is--
                        ``(A) eligible for assistance from the
                    International Development Association, in which the per
                    capita income of the country is equal to or less than
                    the historical ceiling of the International Development
                    Association for the applicable fiscal year, as defined
                    by the International Bank for Reconstruction and
                    Development;
                        ``(B) classified as a lower middle income country
                    in the then most recent edition of the World
                    Development Report for Reconstruction and Development
                    published by the International Bank for Reconstruction
                    and Development and having an income greater than the
                    historical ceiling for International Development
                    Association eligibility for the applicable fiscal year;
                    or
                        ``(C) qualifies to be a candidate country due to
                    special circumstances, including natural disasters or
                    public health emergencies.
                ``(2) Eligible alien.--The term `eligible alien' means an
            alien who--
                        ``(A) has been lawfully admitted to the United
                    States for permanent residence; and
                        ``(B) is a physician or other healthcare worker.
        ``(c) Consultation.--The Secretary of Homeland Security shall
    consult with the Secretary of State in carrying out this subsection.
        ``(d) Publication.--The Secretary of State shall publish--
                ``(1) not later than 6 months after the date of the
            enactment of the Comprehensive Immigration Reform Act of 2007,
            and annually thereafter, a list of candidate countries; and
                ``(2) an immediate amendment to such list at any time to
            include any country that qualifies as a candidate country due
            to special circumstances under subsection (b)(1)(C).''.
        (b) Rulemaking.--
                (1) Requirement.--Not later than 6 months after the date of
            the enactment of this Act, the Secretary shall promulgate
            regulations to carry out the amendments made by this section.
                (2) Content.--The regulations required by paragraph (1)
            shall--
                        (A) permit an eligible alien (as defined in section
                    317A of the Immigration and Nationality Act, as added
                    by subsection (a)) and the spouse or child of the
                    eligible alien to reside in a foreign country to work
                    as a physician or other healthcare worker as described
                    in subsection (a) of such section 317A for not less
                    than a 12-month period and not more than a 24-month
                    period, and shall permit the Secretary to extend such
                    period for an additional period not to exceed 12
                    months, if the Secretary determines that such country
                    has a continuing need for such a physician or other
                    healthcare worker;
                        (B) provide for the issuance of documents by the
                    Secretary to such eligible alien, and such spouse or
                    child, if appropriate, to demonstrate that such
                    eligible alien, and such spouse or child, if
                    appropriate, is authorized to reside in such country
                    under such section 317A; and
                        (C) provide for an expedited process through which
                    the Secretary shall review applications for such an
                    eligible alien to reside in a foreign country pursuant
                    to subsection (a) of such section 317A if the Secretary
                    of State determines a country is a candidate country
                    pursuant to subsection (b)(1)(C) of such section 317A.
        (c) Technical and Conforming Amendments.--The Immigration and
    Nationality Act is amended as follows:
                (1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii))
            is amended by adding at the end ``except in the case of an
            eligible alien, or the spouse or child of such alien,
            authorized to be absent from the United States pursuant to
            section 317A,''.
                (2) Section 211(b) (8 U.S.C. 1181(b)) is amended by
            inserting ``, including an eligible alien authorized to reside
            in a foreign country pursuant to section 317A and the spouse or
            child of such eligible alien, if appropriate,'' after
            ``101(a)(27)(A),''.
                (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C.
            1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an
            eligible alien authorized to reside in a foreign country
            pursuant to section 317A and the spouse or child of such
            eligible alien, if appropriate,'' after ``Act,''.
                (4) Section 319(b)(1)(B) (8 U.S.C. 1430(b)(1)(B)) is
            amended by inserting ``an eligible alien who is residing or has
            resided in a foreign country pursuant to section 317A'' before
            ``and'' at the end.
                (5) The table of contents is amended by inserting after the
            item relating to section 317 the following:

    ``Sec. 317A. Temporary absence of aliens providing healthcare in
                                developing countries.''.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Bureau of Citizenship and Immigration Services such
    sums as may be necessary to carry out this section and the amendments
    made by this section.

    SEC. 775. ATTESTATION BY HEALTHCARE WORKERS.

        (a) Requirement for Attestation.--Section 212(a)(5) (8 U.S.C.
    1182(a)(5)) is amended by adding at the end the following:
                        ``(E) Healthcare workers with other obligations.--
                                ``(i) In general.--An alien who seeks to
                            enter the United States for the purpose of
                            performing labor as a physician or other
                            healthcare worker is inadmissible unless the
                            alien submits to the Secretary of Homeland
                            Security or the Secretary of State, as
                            appropriate, an attestation that the alien is
                            not seeking to enter the United States for such
                            purpose during any period in which the alien
                            has an outstanding obligation to the government
                            of the alien's country of origin or the alien's
                            country of residence.
                                ``(ii) Obligation defined.--In this
                            subparagraph, the term `obligation' means an
                            obligation incurred as part of a valid,
                            voluntary individual agreement in which the
                            alien received financial assistance to defray
                            the costs of education or training to qualify
                            as a physician or other healthcare worker in
                            consideration for a commitment to work as a
                            physician or other healthcare worker in the
                            alien's country of origin or the alien's
                            country of residence.
                                ``(iii) Waiver.--The Secretary of Homeland
                            Security may waive a finding of inadmissibility
                            under clause (i) if the Secretary determines
                            that--
                                        ``(I) the obligation was incurred
                                    by coercion or other improper means;
                                        ``(II) the alien and the government
                                    of the country to which the alien has
                                    an outstanding obligation have reached
                                    a valid, voluntary agreement, pursuant
                                    to which the alien's obligation has
                                    been deemed satisfied, or the alien has
                                    shown to the satisfaction of the
                                    Secretary that the alien has been
                                    unable to reach such an agreement
                                    because of coercion or other improper
                                    means; or
                                        ``(III) the obligation should not
                                    be enforced due to other extraordinary
                                    circumstances, including undue hardship
                                    that would be suffered by the alien in
                                    the absence of a waiver.''.
        (b) Effective Date and Application.--
                (1) Effective date.--The amendment made by subsection (a)
            shall become effective 180 days after the date of the enactment
            of this Act.
                (2) Application by the secretary.--The Secretary shall
            begin to carry out the subparagraph (E) of section 212(a)(5) of
            the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as
            added by subsection (a), not later than the effective date
            described in paragraph (1), including the requirement for the
            attestation and the granting of a waiver described in such
            subparagraph, regardless of whether regulations to implement
            such subparagraph have been promulgated.

    SEC. 776. PUBLIC ACCESS TO THE STATUE OF LIBERTY.

        Not later than 60 days after the date of the enactment of this Act,
    the Secretary of the Interior shall ensure that all persons who satisfy
    reasonable and appropriate security measures shall have full access to
    the public areas of the Statue of Liberty, including the crown and the
    stairs leading to the crown.

    SEC. 777. NATIONAL SECURITY DETERMINATION.

        Notwithstanding any other provision of this Act, the President
    shall ensure that no provision of title IV or title VI of this Act, or
    any amendment made by either such title, is carried out until after the
    date on which the President makes a determination that the
    implementation of such title IV and title VI, and the amendments made
    by either such title, will strengthen the national security of the
    United States.

                    TITLE VIII--INTERCOUNTRY ADOPTION REFORM

    SEC. 801. SHORT TITLE.

        This title may be cited as the ``Intercountry Adoption Reform Act
    of 2007'' or the ``ICARE Act''.

    SEC. 802. FINDINGS; PURPOSES.

        (a) Findings.--Congress finds the following:
                (1) That a child, for the full and harmonious development
            of his or her personality, should grow up in a family
            environment, in an atmosphere of happiness, love, and
            understanding.
                (2) That intercountry adoption may offer the advantage of a
            permanent family to a child for whom a suitable family cannot
            be found in his or her country of origin.
                (3) There has been a significant growth in intercountry
            adoptions. In 1990, Americans adopted 7,093 children from
            abroad. In 2004, they adopted 23,460 children from abroad.
                (4) Americans increasingly seek to create or enlarge their
            families through intercountry adoptions.
                (5) There are many children worldwide that are without
            permanent homes.
                (6) In the interest of children without a permanent family
            and the United States citizens who are waiting to bring them
            into their families, reforms are needed in the intercountry
            adoption process used by United States citizens.
                (7) Before adoption, each child should have the benefit of
            measures taken to ensure that intercountry adoption is in his
            or her best interest and that prevents the abduction, selling,
            or trafficking of children.
                (8) Congress recognizes that foreign-born adopted children
            do not make the decision whether to immigrate to the United
            States. They are being chosen by Americans to become part of
            their immediate families.
                (9) As such these children should not be classified as
            immigrants in the traditional sense. Once fully and finally
            adopted, they should be treated as children of United States
            citizens.
                (10) Since a child who is fully and finally adopted is
            entitled to the same rights, duties, and responsibilities as a
            biological child, the law should reflect such equality.
                (11) Foreign-born adopted children of United States
            citizens should be accorded the same procedural treatment as
            biological children born abroad to a United States citizen.
                (12) If a United States citizen can confer citizenship to a
            biological child born abroad, that citizen is entitled to
            confer such citizenship to their legally and fully adopted
            foreign-born child immediately upon final adoption.
                (13) If a United States citizen cannot confer citizenship
            to a biological child born abroad, that citizen cannot confer
            citizenship to their legally and fully adopted foreign-born
            child, except through the naturalization process.
        (b) Purposes.--The purposes of this title are--
                (1) to ensure the any adoption of a foreign-born child by
            parents in the United States is carried out in the manner that
            is in the best interest of the child;
                (2) to ensure that foreign-born children adopted by United
            States citizens will be treated identically to a biological
            child born abroad to the same citizen parent; and
                (3) to improve the intercountry adoption process to make it
            more citizen friendly and focused on the protection of the
            child.

    SEC. 803. DEFINITIONS.

        In this title:
                (1) Adoptable child.--The term ``adoptable child'' has the
            same meaning given such term in section 101(c)(3) of the
            Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as added
            by section 824(a).
                (2) Ambassador at large.--The term ``Ambassador at Large''
            means the Ambassador at Large for Intercountry Adoptions
            appointed to head the Office pursuant to section 811(b).
                (3) Competent authority.--The term ``competent authority''
            means the entity or entities authorized by the law of the
            child's country of residence to engage in permanent placement
            of children who are no longer in the legal or physical custody
            of their biological parents.
                (4) Convention.--The term ``Convention'' means the
            Convention on Protection of Children and Co-operation in
            Respect of Intercountry Adoption, done at The Hague on May 29,
            1993.
                (5) Full and final adoption.--The term ``full and final
            adoption'' means an adoption--
                        (A) that is completed according to the laws of the
                    child's country of residence or the State law of the
                    parent's residence;
                        (B) under which a person is granted full and legal
                    custody of the adopted child;
                        (C) that has the force and effect of severing the
                    child's legal ties to the child's biological parents;
                        (D) under which the adoptive parents meet the
                    requirements of section 825; and
                        (E) under which the child has been adjudicated to
                    be an adoptable child in accordance with section 826.
                (6) Office.--The term ``Office'' means the Office of
            Intercountry Adoptions established under section 811(a).
                (7) Readily approvable.--A petition or certification is
            ``readily approvable'' if the documentary support provided
            along with such petition or certification demonstrates that the
            petitioner satisfies the eligibility requirements and no
            additional information or investigation is necessary.

              Subtitle A--Administration of Intercountry Adoptions

    SEC. 811. OFFICE OF INTERCOUNTRY ADOPTIONS.

        (a) Establishment.--Not later than 180 days after the date of
    enactment of this Act, there shall be established within the Department
    of State, an Office of Intercountry Adoptions which shall be headed by
    the Ambassador at Large for Intercountry Adoptions.
        (b) Ambassador at Large.--
                (1) Appointment.--The Ambassador at Large shall be
            appointed by the President, by and with the advice and consent
            of the Senate, from among individuals who have background,
            experience, and training in intercountry adoptions.
                (2) Conflicts of interest.--The individual appointed to be
            the Ambassador at Large shall be free from any conflict of
            interest that could impede such individual's ability to serve
            as the Ambassador.
                (3) Authority.--The Ambassador at Large shall report
            directly to the Secretary of State, in consultation with the
            Assistant Secretary for Consular Affairs.
                (4) Regulations.--The Ambassador at Large may not issue
            rules or regulations unless such rules or regulations have been
            approved by the Secretary of State.
                (5) Duties of the ambassador at large.--The Ambassador at
            Large shall have the following responsibilities:
                        (A) In general.--The primary responsibilities of
                    the Ambassador at Large shall be--
                                (i) to ensure that any adoption of a
                            foreign-born child by parents in the United
                            States is carried out in the manner that is in
                            the best interest of the child; and
                                (ii) to assist the Secretary of State in
                            fulfilling the responsibilities designated to
                            the central authority under title I of the
                            Intercountry Adoption Act of 2000 (42 U.S.C.
                            14911 et seq.).
                        (B) Advisory role.--The Ambassador at Large shall
                    be a principal advisor to the President and the
                    Secretary of State regarding matters affecting
                    intercountry adoption and the general welfare of
                    children abroad and shall make recommendations
                    regarding--
                                (i) the policies of the United States with
                            respect to the establishment of a system of
                            cooperation among the parties to the
                            Convention;
                                (ii) the policies to prevent abandonment,
                            to strengthen families, and to advance the
                            placement of children in permanent families;
                            and
                                (iii) policies that promote the protection
                            and well-being of children.
                        (C) Diplomatic representation.--Subject to the
                    direction of the President and the Secretary of State,
                    the Ambassador at Large may represent the United States
                    in matters and cases relevant to international adoption
                    in--
                                (i) fulfillment of the responsibilities
                            designated to the central authority under title
                            I of the Intercountry Adoption Act of 2000 (42
                            U.S.C. 14911 et seq.);
                                (ii) contacts with foreign governments,
                            intergovernmental organizations, and
                            specialized agencies of the United Nations and
                            other international organizations of which the
                            United States is a member; and
                                (iii) multilateral conferences and meetings
                            relevant to international adoption.
                        (D) International policy development.--The
                    Ambassador at Large shall advise and support the
                    Secretary of State and other relevant Bureaus of the
                    Department of State in the development of sound policy
                    regarding child protection and intercountry adoption.
                        (E) Reporting responsibilities.--The Ambassador at
                    Large shall have the following reporting
                    responsibilities:
                                (i) In general.--The Ambassador at Large
                            shall assist the Secretary of State and other
                            relevant Bureaus in preparing those portions of
                            the Human Rights Reports that relate to the
                            abduction, sale, and trafficking of children.
                                (ii) Annual report on intercountry
                            adoption.--Not later than September 1 of each
                            year, the Secretary of State shall prepare and
                            submit to Congress an annual report on
                            intercountry adoption. Each annual report shall
                            include--
                                        (I) a description of the status of
                                    child protection and adoption in each
                                    foreign country, including--
                                                (aa) trends toward
                                            improvement in the welfare and
                                            protection of children and
                                            families;
                                                (bb) trends in family
                                            reunification, domestic
                                            adoption, and intercountry
                                            adoption;
                                                (cc) movement toward
                                            ratification and implementation
                                            of the Convention; and
                                                (dd) census information on
                                            the number of children in
                                            orphanages, foster homes, and
                                            other types of nonpermanent
                                            residential care as reported by
                                            the foreign country;
                                        (II) the number of intercountry
                                    adoptions by United States citizens,
                                    including the country from which each
                                    child emigrated, the State in which
                                    each child resides, and the country in
                                    which the adoption was finalized;
                                        (III) the number of intercountry
                                    adoptions involving emigration from the
                                    United States, including the country
                                    where each child now resides and the
                                    State from which each child emigrated;
                                        (IV) the number of placements for
                                    adoption in the United States that were
                                    disrupted, including the country from
                                    which the child emigrated, the age of
                                    the child, the date of the placement
                                    for adoption, the reasons for the
                                    disruption, the resolution of the
                                    disruption, the agencies that handled
                                    the placement for adoption, and the
                                    plans for the child, and in addition,
                                    any information regarding disruption or
                                    dissolution of adoptions of children
                                    from other countries received pursuant
                                    to section 422(b)(14) of the Social
                                    Security Act (42 U.S.C. 622(b)(14));
                                        (V) the average time required for
                                    completion of an adoption, set forth by
                                    the country from which the child
                                    emigrated;
                                        (VI) the current list of agencies
                                    accredited and persons approved under
                                    the Intercountry Adoption Act of 2000
                                    (42 U.S.C. 14901 et seq.) to provide
                                    adoption services;
                                        (VII) the names of the agencies and
                                    persons temporarily or permanently
                                    debarred under the Intercountry
                                    Adoption Act of 2000 (42 U.S.C. 14901
                                    et seq.), and the reasons for the
                                    debarment;
                                        (VIII) the range of adoption fees
                                    involving adoptions by United States
                                    citizens and the median of such fees
                                    set forth by the country of origin;
                                        (IX) the range of fees charged for
                                    accreditation of agencies and the
                                    approval of persons in the United
                                    States engaged in providing adoption
                                    services under the Convention; and
                                        (X) recommendations of ways the
                                    United States might act to improve the
                                    welfare and protection of children and
                                    families in each foreign country.
        (c) Functions of Office.--The Office shall have the following 7
    functions:
                (1) Approval of a family to adopt.--To approve or
            disapprove the eligibility of a United States citizen to adopt
            a child born in a foreign country.
                (2) Child adjudication.--To investigate and adjudicate the
            status of a child born in a foreign country to determine
            whether that child is an adoptable child.
                (3) Family services.--To provide assistance to United
            States citizens engaged in the intercountry adoption process in
            resolving problems with respect to that process and to track
            intercountry adoption cases so as to ensure that all such
            adoptions are processed in a timely manner.
                (4) International policy development.--To advise and
            support the Ambassador at Large and other relevant Bureaus of
            the Department of State in the development of sound policy
            regarding child protection and intercountry adoption.
                (5) Central authority.--To assist the Secretary of State in
            carrying out duties of the central authority as defined in
            section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C.
            14902).
                (6) Enforcement.--To investigate, either directly or in
            cooperation with other appropriate international, Federal,
            State, or local entities, improprieties relating to
            intercountry adoption, including issues of child protection,
            birth family protection, and consumer fraud.
                (7) Administration.--To perform administrative functions
            related to the functions performed under paragraphs (1) through
            (6), including legal functions and congressional liaison and
            public affairs functions.
        (d) Organization.--
                (1) In general.--All functions of the Office shall be
            performed by officers employed in a central office located in
            Washington, DC. Within that office, there shall be 7 divisions
            corresponding to the 7 functions of the Office. The director of
            each such division shall report directly to the Ambassador at
            Large.
                (2) Approval to adopt.--The division responsible for
            approving parents to adopt shall be divided into regions of the
            United States as follows:
                        (A) Northwest.
                        (B) Northeast.
                        (C) Southwest.
                        (D) Southeast.
                        (E) Midwest.
                        (F) West.
                (3) Child adjudication.--To the extent practicable, the
            division responsible for the adjudication of foreign-born
            children as adoptable shall be divided by world regions which
            correspond to the world regions used by other divisions within
            the Department of State.
                (4) Use of international field officers.--Nothing in this
            section shall be construed to prohibit the use of international
            field officers posted abroad, as necessary, to fulfill the
            requirements of this Act.
                (5) Coordination.--The Ambassador at Large shall coordinate
            with appropriate employees of other agencies and departments of
            the United States, whenever appropriate, in carrying out the
            duties of the Ambassador.
        (e) Qualifications and Training.--In addition to meeting the
    employment requirements of the Department of State, officers employed
    in any of the 7 divisions of the Office shall undergo extensive and
    specialized training in the laws and processes of intercountry adoption
    as well as understanding the cultural, medical, emotional, and social
    issues surrounding intercountry adoption and adoptive families. The
    Ambassador at Large shall, whenever possible, recruit and hire
    individuals with background and experience in intercountry adoptions,
    taking care to ensure that such individuals do not have any conflicts
    of interest that might inhibit their ability to serve.
        (f) Use of Electronic Databases and Filing.--To the extent
    possible, the Office shall make use of centralized, electronic
    databases and electronic form filing.

    SEC. 812. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES.

        Section 505(a)(1) of the Intercountry Adoption Act of 2000 (42
    U.S.C. 14901 note) is amended by inserting ``301, 302,'' after
    ``205,''.

    SEC. 813. TECHNICAL AND CONFORMING AMENDMENT.

        Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C.
    14914) is repealed.

    SEC. 814. TRANSFER OF FUNCTIONS.

        (a) In General.--Subject to subsection (c), all functions under the
    immigration laws of the United States with respect to the adoption of
    foreign-born children by United States citizens and their admission to
    the United States that have been vested by statute in, or exercised by,
    the Secretary immediately prior to the effective date of this Act, are
    transferred to the Secretary of State on the effective date of this Act
    and shall be carried out by the Ambassador at Large, under the
    supervision of the Secretary of State, in accordance with applicable
    laws and this Act.
        (b) Exercise of Authorities.--Except as otherwise provided by law,
    the Ambassador at Large may, for purposes of performing any function
    transferred to the Ambassador at Large under subsection (a), exercise
    all authorities under any other provision of law that were available
    with respect to the performance of that function to the official
    responsible for the performance of the function immediately before the
    effective date of the transfer of the function pursuant to this
    subtitle.
        (c) Limitation on Transfer of Pending Adoptions.--If an individual
    has filed a petition with the Immigration and Naturalization Service or
    the Department with respect to the adoption of a foreign-born child
    prior to the date of enactment of this Act, the Secretary shall have
    the authority to make the final determination on such petition and such
    petition shall not be transferred to the Office.

    SEC. 815. TRANSFER OF RESOURCES.

        Subject to section 1531 of title 31, United States Code, upon the
    effective date of this Act, there are transferred to the Ambassador at
    Large for appropriate allocation in accordance with this Act, the
    assets, liabilities, contracts, property, records, and unexpended
    balance of appropriations, authorizations, allocations, and other funds
    employed, held, used, arising from, available to, or to be made
    available to the Department in connection with the functions
    transferred pursuant to this subtitle.

    SEC. 816. INCIDENTAL TRANSFERS.

        The Ambassador at Large may make such additional incidental
    dispositions of personnel, assets, liabilities, grants, contracts,
    property, records, and unexpended balances of appropriations,
    authorizations, allocations, and other funds held, used, arising from,
    available to, or to be made available in connection with such
    functions, as may be necessary to carry out this subtitle. The
    Ambassador at Large shall provide for such further measures and
    dispositions as may be necessary to effectuate the purposes of this
    subtitle.

    SEC. 817. SAVINGS PROVISIONS.

        (a) Legal Documents.--All orders, determinations, rules,
    regulations, permits, grants, loans, contracts, agreements, including
    collective bargaining agreements, certificates, licenses, and
    privileges--
                (1) that have been issued, made, granted, or allowed to
            become effective by the President, the Ambassador at Large, the
            former Commissioner of the Immigration and Naturalization
            Service, or the Secretary, or their delegates, or any other
            Government official, or by a court of competent jurisdiction,
            in the performance of any function that is transferred pursuant
            to this subtitle; and
                (2) that are in effect on the effective date of such
            transfer (or become effective after such date pursuant to their
            terms as in effect on such effective date),
    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or revoked in accordance with law by
    the President, any other authorized official, a court of competent
    jurisdiction, or operation of law, except that any collective
    bargaining agreement shall remain in effect until the date of
    termination specified in the agreement.
        (b) Proceedings.--
                (1) Pending.--The transfer of functions under section 814
            shall not affect any proceeding or any application for any
            benefit, service, license, permit, certificate, or financial
            assistance pending on the effective date of this subtitle
            before an office whose functions are transferred pursuant to
            this subtitle, but such proceedings and applications shall be
            continued.
                (2) Orders.--Orders shall be issued in such proceedings,
            appeals shall be taken therefrom, and payments shall be made
            pursuant to such orders, as if this Act had not been enacted,
            and orders issued in any such proceeding shall continue in
            effect until modified, terminated, superseded, or revoked by a
            duly authorized official, by a court of competent jurisdiction,
            or by operation of law.
                (3) Discontinuance or modification.--Nothing in this
            section shall be considered to prohibit the discontinuance or
            modification of any such proceeding under the same terms and
            conditions and to the same extent that such proceeding could
            have been discontinued or modified if this section had not been
            enacted.
        (c) Suits.--This subtitle shall not affect suits commenced before
    the effective date of this subtitle, and in all such suits, proceeding
    shall be had, appeals taken, and judgments rendered in the same manner
    and with the same effect as if this Act had not been enacted.
        (d) Nonabatement of Actions.--No suit, action, or other proceeding
    commenced by or against the Department of State, the Immigration and
    Naturalization Service, or the Department, or by or against any
    individual in the official capacity of such individual as an officer or
    employee in connection with a function transferred pursuant to this
    section, shall abate by reason of the enactment of this Act.
        (e) Continuance of Suit With Substitution of Parties.--If any
    Government officer in the official capacity of such officer is party to
    a suit with respect to a function of the officer, and pursuant to this
    subtitle such function is transferred to any other officer or office,
    then such suit shall be continued with the other officer or the head of
    such other office, as applicable, substituted or added as a party.
        (f) Administrative Procedure and Judicial Review.--Except as
    otherwise provided by this subtitle, any statutory requirements
    relating to notice, hearings, action upon the record, or administrative
    or judicial review that apply to any function transferred pursuant to
    any provision of this subtitle shall apply to the exercise of such
    function by the head of the office, and other officers of the office,
    to which such function is transferred pursuant to such provision.

        Subtitle B--Reform of United States Laws Governing Intercountry
                                   Adoptions

    SEC. 821. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED CHILDREN
                  BORN OUTSIDE THE UNITED STATES.

        (a) Automatic Citizenship Provisions.--
                (1) Amendment of the immigration and nationality act.--
            Section 320 (8 U.S.C. 1431) is amended to read as follows:

    ``SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN BORN
                  OUTSIDE THE UNITED STATES.

        ``(a) In General.--A child born outside of the United States
    automatically becomes a citizen of the United States--
                ``(1) if the child is not an adopted child--
                        ``(A) at least 1 parent of the child is a citizen
                    of the United States, whether by birth or
                    naturalization, who has been physically present (as
                    determined under subsection (b)) in the United States
                    or its outlying possessions for a period or periods
                    totaling not less than 5 years, at least 2 of which
                    were after attaining the age of 14 years; and
                        ``(B) the child is under the age of 18 years; or
                ``(2) if the child is an adopted child, on the date of the
            full and final adoption of the child--
                        ``(A) at least 1 parent of the child is a citizen
                    of the United States, whether by birth or
                    naturalization, who has been physically present (as
                    determined under subsection (b)) in the United States
                    or its outlying possessions for a period or periods
                    totaling not less than 5 years, at least 2 of which
                    were after attaining the age of 14 years;
                        ``(B) the child is an adoptable child;
                        ``(C) the child is the beneficiary of a full and
                    final adoption decree entered by a foreign government
                    or a court in the United States; and
                        ``(D) the child is under the age of 16 years.
        ``(b) Physical Presence.--For the purposes of subsection (a)(2)(A),
    the requirement for physical presence in the United States or its
    outlying possessions may be satisfied by the following:
                ``(1) Any periods of honorable service in the Armed Forces
            of the United States.
                ``(2) Any periods of employment with the United States
            Government or with an international organization as that term
            is defined in section 1 of the International Organizations
            Immunities Act (22 U.S.C. 288) by such citizen parent.
                ``(3) Any periods during which such citizen parent is
            physically present outside the United States or its outlying
            possessions as the dependent unmarried son or daughter and a
            member of the household of a person--
                        ``(A) honorably serving with the Armed Forces of
                    the United States; or
                        ``(B) employed by the United States Government or
                    an international organization as defined in section 1
                    of the International Organizations Immunities Act (22
                    U.S.C. 288).
        ``(c) Full and Final Adoption.--In this section, the term `full and
    final adoption' means an adoption--
                ``(1) that is completed under the laws of the child's
            country of residence or the State law of the parent's
            residence;
                ``(2) under which a person is granted full and legal
            custody of the adopted child;
                ``(3) that has the force and effect of severing the child's
            legal ties to the child's biological parents;
                ``(4) under which the adoptive parents meet the
            requirements of section 825 of the Intercountry Adoption Reform
            Act of 2007; and
                ``(5) under which the child has been adjudicated to be an
            adoptable child in accordance with section 826 of the
            Intercountry Adoption Reform Act of 2007.''.
        (b) Conforming Amendment.--The table of contents in the first
    section of the Immigration and Nationality Act (66 Stat. 163) is
    amended by striking the item relating to section 320 and inserting the
    following:

    ``Sec. 320. Conditions for automatic citizenship for children born
                                outside the United States.''.
        (c) Effective Date.--This section shall take effect as if enacted
    on June 27, 1952.

    SEC. 822. REVISED PROCEDURES.

        Notwithstanding any other provision of law, the following
    requirements shall apply with respect to the adoption of foreign born
    children by United States citizens:
                (1) Upon completion of a full and final adoption, the
            Secretary shall issue a United States passport and a Consular
            Report of Birth for a child who satisfies the requirements of
            section 320(a)(2) of the Immigration and Nationality Act (8
            U.S.C. 1431(a)(2)), as amended by section 821 of this Act, upon
            application by a United States citizen parent.
                (2) An adopted child described in paragraph (1) shall not
            require the issuance of a visa for travel and admission to the
            United States but shall be admitted to the United States upon
            presentation of a valid, unexpired United States passport.
                (3) No affidavit of support under section 213A of the
            Immigration and Nationality Act (8 U.S.C. 1183a) shall be
            required in the case of any adoptable child.
                (4) The Secretary of State, acting through the Ambassador
            at Large, shall require that agencies provide prospective
            adoptive parents an opportunity to conduct an independent
            medical exam and a copy of any medical records of the child
            known to exist (to the greatest extent practicable, these
            documents shall include an English translation) on a date that
            is not later than the earlier of the date that is 2 weeks
            before the adoption, or the date on which prospective adoptive
            parents travel to such a foreign country to complete all
            procedures in such country relating to adoption.
                (5) The Secretary of State, acting through the Ambassador
            at Large, shall take necessary measures to ensure that all
            prospective adoptive parents adopting internationally are
            provided with training that includes counseling and guidance
            for the purpose of promoting a successful intercountry adoption
            before such parents travel to adopt the child or the child is
            placed with such parents for adoption.
                (6) The Secretary of State, acting through the Ambassador
            at Large, shall take necessary measures to ensure that--
                        (A) prospective adoptive parents are given full
                    disclosure of all direct and indirect costs of
                    intercountry adoption before the parents are matched
                    with a child for adoption;
                        (B) fees charged in relation to the intercountry
                    adoption be on a fee-for-service basis not on a
                    contingent fee basis; and
                        (C) that the transmission of fees between the
                    adoption agency, the country of origin, and the
                    prospective adoptive parents is carried out in a
                    transparent and efficient manner.
                (7) The Secretary of State, acting through the Ambassador
            at Large, shall take all measures necessary to ensure that all
            documents provided to a country of origin on behalf of a
            prospective adoptive parent are truthful and accurate.

    SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE UNITED
                  STATES TO BE ADOPTED BY A UNITED STATES CITIZEN.

        (a) Nonimmigrant Classification.--
                (1) In general.--Section 101(a)(15) (8 U.S.C. 1101(a)(15))
            is amended by adding at the end the following:
                ``(W) an adoptable child who is coming into the United
            States for adoption by a United States citizen and a spouse
            jointly or by an unmarried United States citizen at least 25
            years of age, who has been approved to adopt by the Office of
            International Adoption of the Department of State.''.
                (2) Technical and conforming amendments.--Such section
            101(a)(15) is further amended--
                        (A) by striking ``or'' at the end of subparagraph
                    (U); and
                        (B) by striking the period at the end of
                    subparagraph (V) and inserting ``; or''.
        (b) Termination of Period of Authorized Admission.--Section 214 of
    the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
    adding at the end the following:
        ``(s) In the case of a nonimmigrant described in section
    101(a)(15)(W), the period of authorized admission shall terminate on
    the earlier of--
                ``(1) the date on which the adoption of the nonimmigrant is
            completed by the courts of the State where the parents reside;
            or
                ``(2) the date that is 4 years after the date of admission
            of the nonimmigrant into the United States, unless a petitioner
            is able to show cause as to why the adoption could not be
            completed prior to such date and the Secretary of State extends
            such period for the period necessary to complete the
            adoption.''.
        (c) Temporary Treatment as Legal Permanent Resident.--
    Notwithstanding any other law, all benefits and protections that apply
    to a legal permanent resident shall apply to a nonimmigrant described
    in section 101(a)(15)(W) of the Immigration and Nationality Act, as
    added by subsection (a), pending a full and final adoption.
        (d) Exception From Immunization Requirement for Certain Adopted
    Children.--Section 212(a)(1)(C) of the Immigration and Nationality Act
    (8 U.S.C. 1182(a)(1)(C)) is amended--
                (1) in the heading by striking ``10 years'' and inserting
            ``18 years''; and
                (2) in clause (i), by striking ``10 years'' and inserting
            ``18 years''.
        (e) Regulations.--Not later than 90 days after the date of
    enactment of this Act, the Secretary of State shall prescribe such
    regulations as may be necessary to carry out this section.

    SEC. 824. DEFINITION OF ADOPTABLE CHILD.

        (a) In General.--Section 101(c) (8 U.S.C. 1101(c)) is amended by
    adding at the end the following:
        ``(3) The term `adoptable child' means an unmarried person under
    the age of 18--
                ``(A)(i) whose biological parents (or parent, in the case
            of a child who has one sole or surviving parent) or other
            persons or institutions that retain legal custody of the
            child--
                        ``(I) have freely given their written irrevocable
                    consent to the termination of their legal relationship
                    with the child, and to the child's emigration and
                    adoption and that such consent has not been induced by
                    payment or compensation of any kind and has not been
                    given prior to the birth of the child;
                        ``(II) are unable to provide proper care for the
                    child, as determined by the competent authority of the
                    child's residence; or
                        ``(III) have voluntarily relinquished the child to
                    the competent authorities pursuant to the law of the
                    child's residence; or
                ``(ii) who, as determined by the competent authority of the
            child's residence--
                        ``(I) has been abandoned or deserted by their
                    biological parent, parents, or legal guardians; or
                        ``(II) has been orphaned due to the death or
                    disappearance of their biological parent, parents, or
                    legal guardians;
                ``(B) with respect to whom the Secretary of State is
            satisfied that the proper care will be furnished the child if
            admitted to the United States;
                ``(C) with respect to whom the Secretary of State is
            satisfied that the purpose of the adoption is to form a bona
            fide parent-child relationship and that the parent-child
            relationship of the child and the biological parents has been
            terminated (and in carrying out both obligations under this
            subparagraph the Secretary of State, in consultation with the
            Secretary of Homeland Security, may consider whether there is a
            petition pending to confer immigrant status on one or both of
            the biological parents);
                ``(D) with respect to whom the Secretary of State, is
            satisfied that there has been no inducement, financial or
            otherwise, offered to obtain the consent nor was it given
            before the birth of the child;
                ``(E) with respect to whom the Secretary of State, in
            consultation with the Secretary of Homeland Security, is
            satisfied that the person is not a security risk; and
                ``(F) whose eligibility for adoption and emigration to the
            United States has been certified by the competent authority of
            the country of the child's place of birth or residence.''.
        (b) Conforming Amendment.--Section 204(d) (8 U.S.C. 1154(d)) is
    amended by inserting ``and an adoptable child as defined in section
    101(c)(3)'' before ``unless a valid home-study''.

    SEC. 825. APPROVAL TO ADOPT.

        (a) In General.--Prior to the issuance of a visa under section
    101(a)(15)(W) of the Immigration and Nationality Act, as added by
    section 823(a), or the issuance of a full and final adoption decree,
    the United States citizen adoptive parent shall have approved by the
    Office a petition to adopt. Such petition shall be subject to the same
    terms and conditions as are applicable to petitions for classification
    under section 204.3 of title 8 of the Code of Federal Regulations, as
    in effect on the day before the date of the enactment of this Act.
        (b) Expiration of Approval.--Approval to adopt under this Act is
    valid for 24 months from the date of approval. Nothing in this section
    may prevent the Secretary from periodically updating the fingerprints
    of an individual who has filed a petition for adoption.
        (c) Expedited Reapproval Process of Families Previously Approved To
    Adopt.--The Secretary of State shall prescribe such regulations as may
    be necessary to provide for an expedited and streamlined process for
    families who have been previously approved to adopt and whose approval
    has expired, so long as not more than 4 years have lapsed since the
    original application.
        (d) Denial of Petition.--
                (1) Notice of intent.--If the officer adjudicating the
            petition to adopt finds that it is not readily approvable, the
            officer shall notify the petitioner, in writing, of the
            officer's intent to deny the petition. Such notice shall
            include the specific reasons why the petition is not readily
            approvable.
                (2) Petitioner's right to respond.--Upon receiving a notice
            of intent to deny, the petitioner has 30 days to respond to
            such notice.
                (3) Decision.--Within 30 days of receipt of the
            petitioner's response the Office must reach a final decision
            regarding the eligibility of the petitioner to adopt. Notice of
            a formal decision must be delivered in writing.
                (4) Right to an appeal.--Unfavorable decisions may be
            appealed to the Department of State and, after the exhaustion
            of the appropriate appeals process of the Department, to a
            United States district court.
                (5) Regulations regarding appeals.--Not later than 6 months
            after the date of enactment of this Act, the Secretary of State
            shall promulgate formal regulations regarding the process for
            appealing the denial of a petition.

    SEC. 826. ADJUDICATION OF CHILD STATUS.

        (a) In General.--Prior to the issuance of a full and final adoption
    decree or a visa under section 101(a)(15)(W) of the Immigration and
    Nationality Act, as added by section 823(a)--
                (1) the Ambassador at Large shall obtain from the competent
            authority of the country of the child's residence a
            certification, together with documentary support, that the
            child sought to be adopted meets the definition of an adoptable
            child; and
                (2) not later than 15 days after the date of the receipt of
            the certification referred to in paragraph (1), the Secretary
            of State shall make a final determination on whether the
            certification and the documentary support are sufficient to
            meet the requirements of this section or whether additional
            investigation or information is required.
        (b) Process for Determination.--
                (1) In general.--The Ambassador at Large shall work with
            the competent authorities of the child's country of residence
            to establish a uniform, transparent, and efficient process for
            the exchange and approval of the certification and documentary
            support required under subsection (a).
                (2) Notice of intent.--If the Secretary of State determines
            that a certification submitted by the competent authority of
            the child's country of origin is not readily approvable, the
            Ambassador at Large shall--
                        (A) notify the competent authority and the
                    prospective adoptive parents, in writing, of the
                    specific reasons why the certification is not
                    sufficient; and
                        (B) provide the competent authority and the
                    prospective adoptive parents the opportunity to address
                    the stated insufficiencies.
                (3) Petitioners right to respond.--Upon receiving a notice
            of intent to find that a certification is not readily
            approvable, the prospective adoptive parents shall have 30 days
            to respond to such notice.
                (4) Decision.--Not later than 30 days after the date of
            receipt of a response submitted under paragraph (3), the
            Secretary of State shall reach a final decision regarding the
            child's eligibility as an adoptable child. Notice of such
            decision must be in writing.
                (5) Right to an appeal.--Unfavorable decisions on a
            certification may be appealed through the appropriate process
            of the Department of State and, after the exhaustion of such
            process, to a United States district court.

    SEC. 827. FUNDS.

        The Secretary of State shall provide the Ambassador at Large with
    such funds as may be necessary for--
                (1) the hiring of staff for the Office;
                (2) investigations conducted by such staff; and
                (3) travel and other expenses necessary to carry out this
            title.

                            Subtitle C--Enforcement

    SEC. 831. CIVIL PENALTIES AND ENFORCEMENT.

        (a) Civil Penalties.--A person shall be subject, in addition to any
    other penalty that may be prescribed by law, to a civil money penalty
    of not more than $50,000 for a first violation, and not more than
    $100,000 for each succeeding violation if such person--
                (1) violates a provision of this title or an amendment made
            by this title;
                (2) makes a false or fraudulent statement, or
            misrepresentation, with respect to a material fact, or offers,
            gives, solicits, or accepts inducement by way of compensation,
            intended to influence or affect in the United States or a
            foreign country--
                        (A) a decision for an approval under title II;
                        (B) the relinquishment of parental rights or the
                    giving of parental consent relating to the adoption of
                    a child; or
                        (C) a decision or action of any entity performing a
                    central authority function; or
                (3) engages another person as an agent, whether in the
            United States or in a foreign country, who in the course of
            that agency takes any of the actions described in paragraph (1)
            or (2).
        (b) Civil Enforcement.--
                (1) Authority of attorney general.--The Attorney General
            may bring a civil action to enforce subsection (a) against any
            person in any United States district court.
                (2) Factors to be considered in imposing penalties.--In
            imposing penalties the court shall consider the gravity of the
            violation, the degree of culpability of the defendant, and any
            history of prior violations by the defendant.

    SEC. 832. CRIMINAL PENALTIES.

        Any person who knowingly and willfully commits a violation
    described in paragraph (1) or (2) of section 831(a) shall be subject to
    a fine of not more than $250,000, imprisonment for not more than 5
    years, or both.
                                                           Calendar No. 144

    110th CONGRESS

      1st Session

                                    S. 1348

    _______________________________________________________________________

                                     A BILL

    To provide for comprehensive immigration reform and for other purposes.

    _______________________________________________________________________

                                  May 10, 2007

                Read the second time and placed on the calendar