[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 264 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 264

To amend the Immigration and Nationality Act to comprehensively reform 
                immigration law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2009

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committees on Homeland Security and Oversight and Government Reform, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to comprehensively reform 
                immigration law, 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; REFERENCES TO ACT.

    (a) Short Title.--This Act may be cited as the ``Save America 
Comprehensive Immigration Act of 2009''.
    (b) References 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.

             TITLE I--FACILITATING FAMILY-BASED IMMIGRATION

SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED IMMIGRANT VISAS.

    Section 201(c) (8 U.S.C. 115(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 shall be no more than 960,000.''.

SEC. 102. PROTECTION AGAINST PROCESSING DELAYS.

    (a) Age-Out Protection for Children.--
            (1) In general.--Chapter 1 of title IV (8 U.S.C. 1101 note) 
        is amended by adding at the end the following:

                   ``age-out protection for children

    ``Sec. 408.  (a) In General.--In the case of an application 
initially to grant a benefit under this Act (other than an application 
for naturalization) that otherwise would be granted only after a 
determination that the beneficiary of the application is a child (such 
as classification as an immediate relative under section 
201(b)(2)(A)(i)), if the application is neither approved nor denied (on 
procedural or substantive grounds) during the 90-day period beginning 
on the date of the filing of the application, the beneficiary shall be 
considered to be a child for all purposes related to the receipt of the 
benefit if the beneficiary was a child on the last day of such 90-day 
period, and the beneficiary shall not otherwise be prejudiced with 
respect to such determination by such delay, and shall be considered to 
be a child under this Act for all purposes related to such application.
    ``(b) Termination of Benefit.--Subsection (a) shall remain in 
effect until the termination of the 1-year period beginning on the date 
on which the application described in such paragraph is approved.''.
            (2) Clerical amendment.--The table of contents is amended 
        by inserting after the item relating to section 407 the 
        following:

``Sec. 408. Age-out protection for children.''.
    (b) Timeliness of Adoption for Immigration Purposes.--
            (1) In general.--Section 101(b)(1)(E)(i) (8 U.S.C. 
        1101(b)(1)(E)(i)) is amended by striking ``a child adopted 
        while under the age of sixteen years'' and inserting ``a child, 
        under the age of 16 when adoption proceedings were 
        initiated,''.
            (2) Special rule for siblings.--Section 
        101(b)(1)(E)(ii)(III) (8 U.S.C. 1101(b)(1)(E)(ii)(III)) is 
        amended by striking ``adopted while under the age of 18 years'' 
        and inserting ``under the age of 18 when adoption proceedings 
        were initiated''.

SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PERMANENT RESIDENT 
              STATUS.

    (a) Classes of Nonimmigrant Aliens.--Section 101(a)(15)(K) (8 
U.S.C. 1101(a)(15)(K)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by adding ``or'' at the end of clause (iii); and
            (3) by adding at the end the following:
                            ``(iv)(I) has concluded a valid marriage 
                        with an alien lawfully admitted for permanent 
                        residence, is the parent of a citizen of the 
                        United States, or is the child, son, or 
                        daughter of an alien lawfully admitted for 
                        permanent residence or a citizen of the United 
                        States; (II) is the beneficiary of an approved 
                        petition to accord immigrant status on the 
                        basis of such family relationship that was 
                        filed under section 204 by such family member; 
                        (III) has available to the alien an immigrant 
                        visa number; (IV) has waited more than 6 months 
                        for the issuance of an immigrant visa based 
                        upon an application made by the alien; and (V) 
                        seeks to enter the United States to await such 
                        issuance;''.
    (b) Admission of Nonimmigrants.--Section 214(d) (8 U.S.C. 1184(d)) 
is amended--
            (1) by striking ``(d)'' and inserting ``(d)(1)''; and
            (2) by adding at the end the following:

SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT REQUIREMENT.

    (a) Grounds for Ineligibility for Admission.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)) is amended--
            (1) by amending subparagraph (B)(ii) to read as follows:
                    ``(ii) If an alien submits an affidavit of support 
                described in section 213A, in addition to the factors 
                under clause (i), the consular officer or the Attorney 
                General shall also consider such affidavit in 
                determining whether the alien is inadmissible under 
                this paragraph.''; and
            (2) by striking subparagraphs (C) and (D).
    (b) Requirements for Sponsor's Affidavit of Support.--Subsections 
(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C. 
1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
``125'' and inserting ``100''.
    ``(2) A visa shall not be issued under the provisions of section 
101(a)(15)(K)(iv) until the consular officer has received a petition 
filed in the United States by the lawful permanent resident or citizen 
relative of the applying alien and approved by the Secretary of 
Homeland Security. The petition shall be in such form and contain such 
information as the Secretary shall, by regulation, prescribe.''.

  TITLE II--ESTABLISHMENT OF A BOARD OF VISA APPEALS FOR FAMILY-BASED 
                                 VISAS

SEC. 201. ESTABLISHMENT OF A BOARD OF VISA APPEALS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 224 the following new section:

                        ``board of visa appeals

    ``Sec. 225.  (a) Establishment.--The Secretary of State shall 
establish within the Department of State a Board of Family-based Visa 
Appeals. The Board shall be composed of 5 members who shall be 
appointed by the Secretary. Not more than 2 members of the Board may be 
consular officers. The Secretary shall designate a member who shall be 
chairperson of the Board.
    ``(b) Authority and Functions.--The Board shall have authority to 
review any discretionary decision of a consular officer with respect to 
an alien concerning the denial, revocation, or cancellation of an 
immigrant visa of someone who has the immediate relative status 
described in section 201(2)(A)(i) and (ii); or a preference 
classification described in section 203(a). The review of the Board 
shall be made upon the record for decision of the consular officer, 
including all documents, notes, and memoranda filed with the consular 
officer, supplemented by affidavits and other writings if offered by 
the consular officer or alien. Upon a showing that the decision of the 
consular official is contrary to the preponderance of the evidence, the 
Board shall have authority to overrule, or remand for further 
consideration, the decision of such consular officer.
    ``(c) Procedure.--Proceedings before the Board shall be in 
accordance with such regulations, not inconsistent with this Act and 
sections 556 and 557 of title 5, United States Code, as the Secretary 
of State shall prescribe. Such regulations shall include requirements 
that provide that--
            ``(1) at the time of any decision of a consular officer 
        under subsection (b), the interested party defined in 
        subsection (d) shall be given notice of the availability of the 
        review process and the necessary steps to request such review;
            ``(2) a written record of the proceedings and decision of 
        the consular officer (in accordance with sections 556 and 557 
        of title 5, United States Code) shall be available to the 
        Board, and on payment of lawfully prescribed costs, shall be 
        made available to the alien;
            ``(3) upon receipt of request for review under this 
        section, the Board shall, within 30 days, notify the consular 
        officer with respect to whose decision review is sought, and, 
        upon receipt of such notice, such officer shall promptly (but 
        in no event more than 30 days after such receipt) forward to 
        the Board the record of proceeding as described in subsection 
        (b);
            ``(4) the appellant shall be given notice, reasonable under 
        all the circumstances of the time and place at which the Board 
        proceedings will be held;
            ``(5) the appellant may be represented (at no expense to 
        the Government) by such counsel, authorized to practice in such 
        proceedings, as the appellant shall choose; and
            ``(6) a request for review under this section must be made 
        in writing to the Board within 60 days after receipt of notice 
        of the denial, revocation, or cancellation.
    ``(d) Interested Parties.--The Board shall review each decision 
described in subsection (b) upon request by the petitioner of an 
immigrant visa petition approved under section 201(2)(A)(i) and (ii) or 
203(a).
    ``(e) Construction.--This section may not be construed to restrict 
any right to further administrative or judicial review established 
under any other provision of law.
    ``(f) Fees.--The Secretary of State shall charge, and collect, an 
appropriate fee associated with a request to the Board for a review. 
Such fee shall be sufficient to cover the cost of the administration of 
this section.''.
    (b) Technical Amendments.--
            (1) Section 222(f) (8 U.S.C. 1202(f)) is amended by adding 
        at the end: ``An interested party under section 225(d) or court 
        shall be permitted to inspect the record of proceeding as 
        described in subsections (c)(2) and (c)(3) of section 225.''.
            (2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is amended by 
        striking the ``except'' and inserting ``including''.
            (3) The table of contents is amended by inserting after the 
        item relating to section 224 the following new item:

``Sec. 225. Board of Visa Appeals.''.

             TITLE III--ELIMINATION OF UNFAIR RESTRICTIONS

SEC. 301. ACQUISITION OF CITIZENSHIP FOR CHILDREN BORN ABROAD AND OUT 
              OF WEDLOCK TO A UNITED STATES CITIZEN FATHER.

    (a) Requirements for Citizenship Eligibility.--Section 309(a) (8 
U.S.C. 1409(a)) is amended--
            (1) in paragraph (2), by adding ``and'' at the end;
            (2) by striking paragraph (3);
            (3) in paragraph (4), by striking ``while the person is 
        under the age of 18 years--'' and inserting ``at any time--''; 
        and
            (4) by redesignating paragraph (4) as paragraph (3).
    (b) Clarification Regarding Deceased Parents of Children Born 
Abroad and Out of Wedlock.--Section 309 (8 U.S.C. 1409) is amended by 
adding at the end the following:
    ``(d) Nothing in this section shall be construed to preclude a 
person who is a citizen or national of the United States by virtue of a 
provision of this section from establishing such status under this 
title after the death of the person's father, mother, or parents.''.
    (c) Application of Citizenship Provisions.--The amendments made by 
this Act shall apply to persons born out of wedlock who are alive on or 
after the date of the enactment of this Act.

SEC. 302. ALLOW AUNTS AND UNCLES OR GRANDPARENTS TO ADOPT ORPHANED OR 
              ABANDONED CHILDREN OF THE DECEASED RELATIVE.

    Section 101(b) is amended by--
            (1) striking ``or'' at the end of subparagraph (E) and 
        inserting a semicolon;
            (2) striking the period at the end of subparagraph (F) and 
        inserting ``; or''; and
            (3) by inserting the following subparagraph:
                    ``(G) a child adopted in the United States or 
                abroad or who is coming to the United States for 
                adoption by a grandparent, aunt or uncle while under 
                the age of eighteen years, who has suffered the death 
                or disappearance of, abandonment or desertion by, or 
                separation or loss from, both parents, or for whom the 
                sole or surviving parent is incapable of providing 
                proper care and has consented in writing to the 
                adoption, if the Secretary of Homeland Security is 
                satisfied that proper care will be furnished the child 
                if admitted to the United States. No natural parent or 
                prior adoptive parent of any such child shall 
                thereafter, by virtue of such parentage, be accorded 
                any right, privilege, or status under this Act. Nothing 
                in this subsection shall be construed to require the 
                child to be released to an orphanage as a prerequisite 
                for eligibility.''.

SEC. 303. RELIEF FOR SURVIVING SPOUSES, CHILDREN AND PARENTS.

    (a) In General.--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)) is 
amended by striking ``for at least 2 years'' and inserting ``, and if 
married for less than two 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,'' after ``within 2 years after such date''; and by 
inserting the following sentence after the sentence ending with 
``remarries'': ``In the case of an alien who was the child or parent of 
a citizen of the United States at the time of the citizen's death, the 
alien shall be considered, for purposes of this subsection, to remain 
an immediate relative after the date of the citizen's death but only if 
the alien files a petition under section 204(a)(1)(A)(ii), as amended, 
within two years after such date in the case of a parent, or prior to 
reaching the age of 21 in the case of a child.''.
    (b) Petition.--Section 204(a)(1)(A)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)) is amended by inserting 
``or an alien child or alien parent described in the third sentence of 
section 201(b)(2)(A)(i)'' after ``section 201(b)(2)(A)(i)''.
    (c) Transition Period.--In applying section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act, as amended, in the case of 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 subsection) file the classification petition referred to in such 
subsection within 2 years after the date of the enactment of this Act. 
In the case of an alien who was excluded, deported, removed or departed 
voluntarily before the date of the enactment of this Act, such alien 
shall be eligible for parole into the United States pursuant to the 
Attorney General's authority under section 212(d)(5), and such alien's 
application for adjustment of status shall be considered 
notwithstanding section 212(a)(9).
    (d) Adjustment of Status.--Section 245 (8 U.S.C. 1255) of the 
Immigration and Nationality Act is amended by adding at the end the 
following:
    ``(n) Applications for Adjustment of Status by Surviving Spouses, 
Children and Parents.--
            ``(1) In general.--Any alien described in paragraph (2) who 
        applied for adjustment of status prior to the death of the 
        qualifying relative, may have such application adjudicated as 
        if such death had not occurred.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) is an immediate relative as described in 
                section 201(b)(2)(A)(i);
                    ``(B) is a family-sponsored immigrant as described 
                in section 203(a) or (d);
                    ``(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).''.
    (e) Transition Period.--Notwithstanding a denial of an application 
for adjustment of status, in the case of 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, filed within two years after the date of the enactment of 
this Act. In the case of an alien who was excluded, deported, removed 
or departed voluntarily before the date of the enactment of this Act, 
such alien shall be eligible for parole into the United States pursuant 
to the Attorney General's authority under section 212(d)(5), and such 
alien's application for adjustment of status shall be considered 
notwithstanding section 212(a)(9).
    (f) State Department Processing of Immigrant Visas.--Section 204(b) 
of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by 
adding at the end the following:
            ``(7) Effect of death.--
                    ``(A) In general.--Any alien described in 
                subparagraph (B) whose qualifying relative died prior 
                to completion of immigrant visa processing may have an 
                immigrant visa application adjudicated as if such death 
                had not occurred, and any immigrant visa issued prior 
                to the death of the qualifying relative shall remain 
                valid.
                    ``(B) Alien described.--An alien described in this 
                subparagraph is an alien who--
                            ``(i) is an immediate relative as described 
                        in section 201(b)(2)(A)(i);
                            ``(ii) is a family-sponsored immigrant as 
                        described in section 203(a) or (d);
                            ``(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).''.
    (g) Transition Period.--Notwithstanding a denial or revocation of 
an application for an immigrant visa, in the case of 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, filed within two years after the date of the 
enactment of this Act. In the case of an alien who was excluded, 
deported, removed or departed voluntarily before the date of the 
enactment of this Act, such alien's application for an immigrant visa 
shall be considered notwithstanding section 212(a)(9).
    (h) Naturalization.--Section 319(a) of the Immigration and 
Nationality Act (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 ``(a) Any person whose spouse is a citizen of the United 
States,''.

SEC. 304. ELIMINATING THE WIDOWED PERMANENT RESIDENT'S NATURALIZATION 
              PENALTY.

    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 ``(a) Any person whose spouse is a citizen of the 
United States,''.

 TITLE IV--PREVENTING SEX OFFENDERS FROM USING OUR IMMIGRATION LAWS TO 
      BRING INNOCENT, UNSUSPECTING VICTIMS INTO THE UNITED STATES

SEC. 401. FINDINGS.

    The Congress finds the following:
            (1) Immigration law allows citizens and aliens lawfully 
        admitted for permanent residence to bring foreign family 
        members to the United States on the basis of immediate relative 
        status or a preference classification.
            (2) Immediate relative status and preference 
        classifications are obtained by filing petitions with the 
        Secretary of Homeland Security.
            (3) For national security purposes, the Secretary of 
        Homeland Security conducts background checks on the 
        beneficiaries of such petitions and, since September 11, 2001, 
        on the petitioners as well.
            (4) The Government Accountability Office (GAO) has 
        determined that, in fiscal year 2005, at least 398 of the 
        petitioners who filed family-based visa petitions were on the 
        National Sex Offender Registry maintained by the Federal Bureau 
        of Investigations.
            (5) GAO was only able to ascertain the nature of the sex 
        offense for 194 of the 398 petitioners.
            (6) GAO was able to ascertain, however, that 119 of the 
        convictions were for sex assault, 35 for child fondling, 9 for 
        strong arm rape, 9 for carnal abuse combined with a sexual 
        assault, 7 were for statutory rape, 4 for crimes against 
        persons, 3 for indecent exposure, 2 for kidnapping, 2 for 
        obscene material possession, 1 for exploitation of a minor with 
        photographs, 1 for incest with a minor, 1 for sodomizing a boy, 
        and 1 for restricting movement.
            (7) At least 14 of the 398 petitioners were classified as 
        ``sexual predators'', which means a determination had been made 
        that they are likely to commit additional sex offenses.
            (8) At least 45 of the petitioners were convicted of sex 
        offenses against children.
            (9) The Immigration and Nationality Act does not provide 
        the Secretary of Homeland Security with authorization to deny 
        family-based petitions on the basis of a petitioner's 
        conviction for a sex offense, even when the conviction record 
        indicates that a spouse or a child beneficiary may be in grave 
        danger.

SEC. 402. DISCRETIONARY AUTHORITY TO DENY FAMILY-SPONSORED 
              CLASSIFICATION PETITION BY PETITIONER LISTED ON NATIONAL 
              SEX OFFENDER REGISTRY.

    Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
is amended by adding at the end the following:
    ``(l) Authority To Deny Family-Based Petition by Petitioner Listed 
on National Sex Offender Registry.--
            ``(1) In general.--The Secretary Homeland Security may, in 
        the discretion of the Secretary, deny a petition under 
        subsection (a) for classification of a spouse or child if--
                    ``(A) the Secretary has confirmed that the 
                petitioner is on the national sex offender registry 
                maintained by the Federal Bureau of Investigation for a 
                conviction that individually (disregarding any 
                aggregation due to any other conviction) resulted in 
                incarceration for more than 1 year;
                    ``(B) the petitioner has been given at least 90 
                days to establish that the petitioner is not the person 
                named on the registry or that the conviction did not 
                result in incarceration for more than 1 year and has 
                failed to establish such fact; and
                    ``(C) the Secretary finds that granting the 
                petition would put a primary or derivative spouse or 
                child beneficiary in grave danger of being sexually 
                abused.
            ``(2) Determining danger.--In making the determination 
        under paragraph (1)(C), the Secretary shall use the following 
        principles:
                    ``(A) Nature of the relationship.--In evaluating a 
                petitioner who has filed a petition for a spouse, 
                consideration should be given to indications of how 
                well the petitioner and the spouse know each other. 
                Petitions filed on the basis of marriages between men 
                and women who have had little direct, personal contact 
                with each other should be viewed with suspicion. In 
                cases where the petitioner and the spouse have had 
                little direct, personal contact with each other, 
                evidence should be submitted to establish that they 
                have gotten to know each other in some other way.
                    ``(B) Nature of the sex offense.--Consideration 
                should be given to when each offense occurred for which 
                the petitioner was incarcerated for more than a year, 
                how serious it was, the sentence that was imposed, how 
                long the petitioner was incarcerated, the age of the 
                petitioner when it was committed, and the 
                characteristics of the victim.
                    ``(C) Rehabilitation.--Evidence of rehabilitation 
                should be evaluated with respect to whether it 
                diminishes the risk of sexual abuse to the primary or 
                derivative spouse or child beneficiaries.
                    ``(D) Previous visa petitions.--The records for any 
                previous petitions shall be examined to determine 
                whether they provide or might lead to evidence that is 
                pertinent to determining whether granting the petition 
                would put a primary or derivative spouse or child 
                beneficiary in grave danger of being sexually abused.
            ``(3) Rebuttal.--If the Secretary intends to deny a 
        petition under paragraph (1), the Secretary shall provide the 
        petitioner with a notice that states the reasons for the 
        intended denial and provides the petitioner with at least 90 
        days to submit rebuttal evidence. Rebuttal should focus 
        primarily on the factors that led the Secretary to believe that 
        granting the petition would put a primary or derivative spouse 
        or child beneficiary in grave danger of being sexually abused.
            ``(4) Post-denial remedies.--
                    ``(A) Appeal.--All final denials under paragraph 
                (1) may be appealed to the Board of Immigration 
                Appeals.
                    ``(B) New petition.--The petitioner may file a new 
                petition whenever the petitioner has additional 
                evidence that the petitioner believes might be 
                sufficient to warrant granting the new petition.
            ``(5) Disclosure by the secretary of homeland security to 
        beneficiaries.--In all cases in which it has been confirmed 
        that the name of a petitioner under subsection (a) is listed on 
        the national sex offender registry maintained by the Federal 
        Bureau of Investigation, and regardless of whether the 
        Secretary may exercise discretion under paragraph (1), the 
        Secretary shall give the petitioner at least 90 days to 
        establish that the petitioner is not the person named on the 
        registry. If the petitioner fails to establish that the 
        petitioner is not the person named on the registry within the 
        time allotted, the Secretary shall provide the beneficiaries 
        with a written copy of the information on the registry that is 
        available to the public before making a decision on the 
        petition. The beneficiary shall be informed that the registry 
        information is based on available records and may not be 
        complete.
            ``(6) Disclosure to department of state.--In all cases in 
        which it has been confirmed that the name of a petitioner under 
        subsection (a) is listed on the national sex offender registry 
        maintained by the Federal Bureau of Investigation, and 
        regardless of whether the Secretary may exercise discretion 
        under paragraph (1), the Secretary shall provide the Secretary 
        of State with--
                    ``(A) a separate document with information about 
                the record on the national sex offender registry that 
                is available to the public;
                    ``(B) any additional information it has that raises 
                concern that a primary or derivative spouse or child 
                beneficiary may be subject to sexual abuse, including 
                information from the registry that is not available to 
                the public; and
                    ``(C) information about any previous petitions 
                under subsection (a) filed by the petitioner.
            ``(7) Disclosure by consular officer to beneficiaries.--
        When a petition under subsection (a) is granted, if the 
        petition is filed by a petitioner who has failed to make the 
        demonstration of mis-identification described in paragraph (5), 
        the consular officer shall conduct an interview with the 
        primary or derivative spouse or child beneficiary of the 
        petition before issuing a visa to the beneficiary. At least 
        part of the interview must be held without the presence of the 
        petitioner. During the private part of the interview, the 
        beneficiary will be given a written copy of the information 
        about the petitioner from the registry that is available to the 
        public. This document must be written in the beneficiary's 
        primary language. The consular officer is required to advise 
        the beneficiary that approval of the visa petition does not 
        mean that there are no reasons to be concerned about his or her 
        safety.
            ``(8) Additional responsibilities of consular officer.--The 
        consular officer may return files to the Secretary of Homeland 
        Security for further consideration in cases where the consular 
        officer is concerned that granting the visa might put a primary 
        or derivative spouse or child beneficiary in grave danger of 
        being sexually abused. When returning a file under the previous 
        sentence, the consular officer may add any additional 
        information or observations the officer has that might have a 
        bearing on whether the visa should be granted, including the 
        results of any field examination that has been conducted.''.

SEC. 403. REMOVAL OF CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) Identify and Provide Assistance for Spouses and Children Who 
Are Subject to Sexual Abuse or Related Types of Harm.--Section 
216(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1186a(d)(3)) 
is amended--
            (1) by inserting before ``The interview'' the following:
                    ``(A) In general.--Subject to subparagraph (B), the 
                interview''; and
            (2) by adding at the end the following:
                    ``(B) Petitioner listed on national sex offender 
                registry.--In all cases where the Secretary of Homeland 
                Security has confirmed that a petitioning spouse is 
                listed on the national sex offender registry maintained 
                by the Federal Bureau of Investigation, an interview 
                with the alien spouse, and any alien sons or daughters, 
                shall be required prior to removal of the conditional 
                status, and at least part of the interview shall be 
                held without the presence of the petitioning spouse. 
                During the private portion of the interview, questions 
                will be asked to determine whether an investigation 
                should be conducted regarding the welfare of the alien 
                spouse, or any alien son or daughter. If it is 
                determined that any alien spouse, son, or daughter is 
                being abused or harmed by the petitioning spouse, the 
                victim shall be offered whatever assistance is 
                appropriate, including information on ways to remain in 
                the United State that do not depend on continuing the 
                qualifying marriage.''.
    (b) Hardship Waiver in Cases Where the Alien Spouse or Child Is 
Subject to Sexual Abuse.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) the qualifying marriage was entered into in 
                good faith by the alien spouse and during the marriage 
                the alien spouse, or a son or daughter of the spouse, 
                was sexually abused and the alien was not at fault in 
                failing to meet the requirements of paragraph (1).''.

SEC. 404. SPECIAL TASK FORCE TO IDENTIFY PEOPLE NAMED ON THE NATIONAL 
              SEX OFFENDER REGISTRY WHO HAVE FILED FAMILY-BASED 
              CLASSIFICATION PETITIONS.

    (a) In General.--The Secretary of Homeland Security shall establish 
a task force, to be known as the ``Task Force to Rescue Immigrant 
Victims of American Sex Offenders''. The task force shall consist of 
officials from Federal, State, and local law enforcement agencies with 
experience in domestic violence, sex crimes, immigration law, 
trafficking in humans, organized crime, or any other area of experience 
which may be useful in completing the duties described in subsection 
(b).
    (b) Duties.--The duties of the task force shall be the following:
            (1) Working back in time from the date of the establishment 
        of the task force, identifying individuals on the Federal 
        Bureau of Investigation's sex offender registry who have filed 
        family-based petitions under section 204(a) of the Immigration 
        and Nationality Act. When a confirmed match has been made with 
        the sex offender registry, the task force should ascertain 
        whether the petitioner filed previous petitions.
            (2) Maintaining the information about the petitioners in a 
        comprehensive database.
            (3) Prioritizing the information according to the 
        likelihood that primary or derivative spouse or child 
        beneficiaries are in danger of sexual abuse.
            (4) Developing a system for investigating the cases in 
        which beneficiaries may be at risk and providing them with 
        information on how to seek assistance if they are abused.
            (5) Except for information on the registry that is 
        available to the public, protecting the information produced by 
        its investigations in accordance with the privacy rights of 
        everyone involved in the investigation.
            (6) Taking whatever other actions as are reasonable and 
        appropriate when investigations lead to information about 
        sexual abuse or other criminal activities, including notifying 
        State and local police departments, government offices, public 
        organizations that provide assistance to victims of sexual 
        abuse, and religious organizations.
    (c) Report to Congress.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary shall submit to the Congress a 
report on the findings and recommendations of the task force. The 
report shall include the following:
            (1) An analysis of the information obtained in searching 
        visa petition and national sex offender registry records.
            (2) The results of any investigations conducted by the task 
        force.
            (3) Recommendations on administrative and legislative 
        actions that would assist in identifying and protecting 
        immigrant victims of sexual abuse or related harm.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act. Amounts appropriated 
under this section shall remain available until expended.

SEC. 406. REGULATIONS.

    Regulations implementing this Act shall be promulgated in final 
form not later than 180 days after the date of the enactment of this 
Act.

             TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following:

  ``adjustment of status on the basis of earned access to legalization

    ``Sec. 245B.  (a) In General.--The Secretary of Homeland Security 
may adjust the status of an alien to that of an alien lawfully admitted 
for permanent residence if the alien--
            ``(1) was physically present in the United States for a 
        continuous period of not less than 5 years immediately 
        preceding the date on which this provision was enacted and has 
        maintained continuous physical presence since then;
            ``(2) has at all times been a person of good moral 
        character;
            ``(3) has never been convicted of a criminal offense in the 
        United States;
            ``(4) in the case of an alien who is 18 years of age or 
        older, but who is not over the age of 65, has successfully 
        completed a course on reading, writing, and speaking words in 
        ordinary usage in the English language, unless unable to do so 
        on account of physical or developmental disability or mental 
        impairment;
            ``(5) in the case of an alien 18 years of age or older, has 
        accepted the values and cultural life of the United States; and
            ``(6) in the case of an alien 18 years of age or older, has 
        performed at least 40 hours of community service.
    ``(b) Treatment of Brief, Casual, and Innocent Absences.--An alien 
shall not be considered to have failed to maintain a continuous 
presence in the United States for purposes of subsection (a)(1) by 
virtue of brief, casual, and innocent absences from the United States.
    ``(c) Admissible as Immigrant.--
            ``(1) In general.--The alien shall establish that the alien 
        is admissible to the United States as immigrant, except as 
        otherwise provided in paragraph (2).
            ``(2) Exceptions.--The provisions of paragraphs (5), 
        (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
        (9)(C)(i)(I) of section 212(a) shall not apply in the 
        determination of an alien's admissibility under this section.
    ``(d) Security and Law Enforcement Clearances.--The alien, if over 
15 years of age, 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 
section. The Secretary of Homeland Security shall provide a process for 
challenging the accuracy of matches that result in a finding of 
ineligibility for adjustment of status.
    ``(e) Inapplicability 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. The numerical limitations of sections 
201 and 202 shall not apply to adjustment of status under this section.
    ``(f) Termination of Proceedings.--The Secretary of Homeland 
Security may terminate removal proceedings without prejudice pending 
the outcome of an alien's application for adjustment of status under 
this section on the basis of a prima facie showing of eligibility for 
relief under this section.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status on the basis of earned access to 
                            legalization.''.

SEC. 502. LEGALIZATION PROVISIONS FOR CHILDREN.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as 
amended by section 201, is further amended by inserting after section 
245B the following:

              ``adjustment of status for certain children

    ``Sec. 245C.  (a) In General.--The Secretary of Homeland Security 
may adjust the status of an alien to that of an alien lawfully admitted 
for permanent residence if the alien is a child at the time of filing 
the application for such adjustment and establishes that the alien, at 
such time--
            ``(1) has been physically present and enrolled in school in 
        the United States for a continuous period of not less than 5 
        years immediately preceding the date of such application, and 
        during that period has been a person of good moral character;
            ``(2) has fully integrated into life in the United States;
            ``(3) has learned English or is satisfactorily pursuing a 
        course of study to achieve an understanding of English;
            ``(4) is successfully pursuing an elementary school, middle 
        school, high school, or college-level education; and
            ``(5) if older than 13 years of age, has performed at least 
        60 hours of community service.
    ``(b) Treatment of Brief, Casual, and Innocent Absences.--An alien 
shall not be considered to have failed to maintain a continuous 
presence in the United States for purposes of subsection (a)(1) by 
virtue of brief, casual, and innocent absences from the United States.
    ``(c) Admissible as Immigrant.--
            ``(1) In general.--The alien shall establish that the alien 
        is admissible to the United States as an immigrant, except as 
        otherwise provided in paragraph (2).
            ``(2) Applicability of certain provisions.--
                    ``(A) Grounds of inadmissibility not applied.--The 
                provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), 
                (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section 
                212(a) shall not apply in the determination of an 
                alien's admissibility under this section.
                    ``(B) Waiver of other grounds.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary of Homeland Security 
                        may waive any other provision of section 212(a) 
                        in the case of an individual alien for 
                        humanitarian purposes, to assure family unity, 
                        or when it is otherwise in the public interest.
                            ``(ii) Grounds that may not be waived.--The 
                        following provisions of section 212(a) may not 
                        be waived by the Secretary under clause (i):
                                    ``(I) Paragraphs (2)(A) and (2)(B) 
                                (relating to criminals).
                                    ``(II) Paragraph (2)(C) (relating 
                                to drug offenses), except for so much 
                                of such paragraph as relates to a 
                                single offense of simple possession of 
                                30 grams or less of marijuana.
                                    ``(III) Paragraph (3) (relating to 
                                security and related grounds).
    ``(d) No Numerical Limitations.--The numerical limitations of 
sections 201 and 202 shall not apply to adjustment of status under this 
section.
    ``(e) Confidentiality of Information.--Except as provided in this 
section, neither the Secretary of Homeland Security, nor any other 
official or employee of the Department of Homeland Security, may--
            ``(1) use information furnished by applicant for an 
        application filed under this section for any purpose other than 
        to make a determination on the application;
            ``(2) make any publication whereby the information 
        furnished by any particular applicant can be identified; or
            ``(3) permit anyone other than the sworn officers and 
        employees of the Department, the applicant, or a representative 
        of the applicant to examine individual applications.
    ``(f) Dissemination of Information.--The Secretary of Homeland 
Security shall broadly disseminate information respecting the benefits 
which aliens may receive under this section and the requirements to 
obtain such benefits.''.
    (b) Clerical Amendment.--The table of contents, as amended by 
section 201, is amended further by inserting after the item relating to 
section 245B the following:

SEC. 503. UPDATED REGISTRY PROVISION.

    (a) In General.--Section 249 (8 U.S.C. 1259) is amended--
            (1) in the section heading by striking ``1972'' and 
        inserting ``1986''; and
            (2) in paragraph (a), by striking ``1972'' and inserting 
        ``1986''.
    (b) Clerical Amendment.--The table of sections is amended in the 
item relating to section 249 by striking ``1972'' and inserting 
``1986''.

``Sec. 245C. Adjustment of status for certain children.''.

                  TITLE VI--BORDER SECURITY PROVISIONS

                  Subtitle A--Rapid Response Measures

SEC. 601. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.

    (a) 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 
from the Secretary of Homeland Security, the Secretary is authorized, 
subject to subsections (b) and (c), to provide the State with up to 
1,000 additional United States Border Patrol agents for the purpose of 
patrolling and defending the international border, in order to prevent 
individuals from crossing the international border and entering the 
United States at any location other than an authorized port of entry.
    (b) Consultation.--The Secretary of Homeland Security shall consult 
with the President upon receipt of a request under subsection (a), and 
shall grant it to the extent that providing the requested assistance 
will not significantly impair the Department of Homeland Security's 
ability to provide border security for any other State.
    (c) Collective Bargaining.--Emergency deployments under this 
section shall be made in conformance with all collective bargaining 
agreements and obligations.

SEC. 602. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER 
              PATROL AGENTS.

    The Secretary of Homeland Security shall ensure that no United 
States Border Patrol agent is precluded from performing patrol duties 
and apprehending violators of law, except in unusual circumstances 
where the temporary use of fixed deployment positions is necessary.

SEC. 603. HELICOPTERS AND POWER BOATS.

    (a) In General.--The Secretary of Homeland Security shall increase 
by not less than 100 the number of United States Border Patrol 
helicopters, and shall increase by not less than 250 the number of 
United States Border Patrol power boats. The Secretary of Homeland 
Security shall ensure that appropriate types of helicopters are 
procured for the various missions being performed. The Secretary of 
Homeland Security also 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.
    (b) Use and Training.--The Secretary of Homeland Security shall 
establish an overall policy on how the helicopters and power boats 
described in subsection (a) will be used and implement training 
programs for the agents who use them, including safe operating 
procedures and rescue operations.

SEC. 604. CONTROL OF UNITED STATES 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.

SEC. 605. MOTOR VEHICLES.

    The Secretary of Homeland Security shall establish a fleet of motor 
vehicles appropriate for use by the United States Border Patrol that 
will permit a ratio of at least one police-type vehicle per every 3 
United States Border Patrol agents. Additionally, the Secretary of 
Homeland Security shall ensure that there are sufficient numbers and 
types of other motor vehicles to support the mission of the United 
States Border Patrol. All vehicles will be chosen on the basis of 
appropriateness for use by the United States Border Patrol, and each 
vehicle shall have a ``panic button'' and a global positioning system 
device that is activated solely in emergency situations for the purpose 
of tracking the location of an agent in distress. The police-type 
vehicles shall be replaced at least every 3 years.

SEC. 606. PORTABLE COMPUTERS.

    The Secretary of Homeland Security 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.

SEC. 607. RADIO COMMUNICATIONS.

    The Secretary of Homeland Security shall augment the existing radio 
communications system so all law enforcement personnel working in every 
area where United States Border Patrol operations are conducted have 
clear and encrypted two-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 for the purpose of tracking 
the location of the agent in distress.

SEC. 608. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

    The Secretary of Homeland Security 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.

SEC. 609. NIGHT VISION EQUIPMENT.

    The Secretary of Homeland Security 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. 610. BORDER ARMOR.

    The Secretary of Homeland Security shall ensure that every United 
States Border Patrol agent is issued high-quality body armor that is 
appropriate for the climate and risks faced by the individual officer. 
Each officer shall be allowed to select from among a variety of 
approved brands and styles. Officers shall be strongly encouraged, but 
not mandated, to wear such body armor whenever practicable. All body 
armor shall be replaced at least every 5 years.

SEC. 611. WEAPONS.

    The Secretary of Homeland Security shall ensure that United States 
Border Patrol agents are equipped with weapons that are reliable and 
effective to protect themselves, their fellow officers, and innocent 
third parties from the threats posed by armed criminals. In addition, 
the Secretary shall ensure that the Department's policies allow all 
such officers to carry weapons that are suited to the potential threats 
that they face.

SEC. 612. UNIFORMS.

    The Secretary of Homeland Security shall ensure that all United 
States Border Patrol 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.

                 Subtitle B--Detention Pending Removal

SEC. 621. DETENTION FACILITIES FOR ALIENS ARRESTED FOR ILLEGAL ENTRY.

    The Secretary of Homeland Security shall make arrangements for the 
availability of 100,000 additional beds for detaining aliens taken into 
custody by immigration officials. Some of these beds shall be rented 
from Federal, State, and local detention facilities. The remainder of 
the 100,000 shall be constructed to meet this demand on a temporary 
basis and then converted to other use when they are no longer needed as 
detention facilities.

SEC. 622. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Homeland Security shall fully utilize--
            (1) all available detention facilities operated or 
        contracted by the Department of Homeland Security;
            (2) all possible options to cost effectively increase 
        available detention capacities, including the use of State and 
        local correctional facilities, private space, and secure 
        alternatives to detention; and
            (3) the Department's Office of Civil Rights and Civil 
        Liberties shall monitor all facilities that are being used to 
        hold detainees for more than 72 hours.
The monitoring will include an evaluation of whether there is 
compliance with the requirements of the Department's Detention 
Operations Manual.
    (b) Secure Alternatives to Detention Program.--
            (1) Nature of the program.--For purposes of this section, 
        the secure alternatives to detention referred to in subsection 
        (a) is a program under which eligible aliens are released to 
        the custody of suitable individual or organizational sponsors 
        who will supervise them, use appropriate safeguards to prevent 
        them from absconding, and ensure that they make required 
        appearances.
            (2) Program development.--The program shall be developed in 
        accordance with the following guidelines:
                    (A) The Secretary shall design the program in 
                consultation with nongovernmental organizations and 
                academic experts in both the immigration and the 
                criminal justice fields. Consideration should be given 
                to methods that have proven successful in appearance 
                assistance programs, such as the appearance assistance 
                program developed by the Vera Institute and the 
                Department of Homeland Security's Intensive Supervision 
                Appearance Program.
                    (B) The program shall utilize a continuum of 
                alternatives based on the alien's need for supervision, 
                including placement of the alien with an individual or 
                organizational sponsor, a supervised group home, or in 
                a supervised, non-penal community setting that has 
                guards stationed along its perimeter.
                    (C) The Secretary shall enter into contracts with 
                nongovernmental organizations and individuals to 
                implement the secure alternatives to detention program.
    (c) Eligibility and Operations.--
            (1) Selection of participants.--The Secretary shall select 
        aliens to participate in the program from designated groups 
        specified in paragraph (4) if the Secretary determines that 
        such aliens are not flight risks or dangers to the community.
            (2) Voluntary participation.--An alien's participation in 
        the program is voluntary and shall not confer any rights or 
        benefits to the alien under the Immigration and Nationality Act 
        (8 U.S.C. 1101 et seq.).
            (3) Limitation on participation.--
                    (A) In general.--Only aliens who are in expedited 
                removal proceedings under section 236 of the 
                Immigration and Nationality Act (8 U.S.C. 1226) may 
                participate in the program.
                    (B) Rules of construction.--
                            (i) Aliens applying for asylum.--Aliens who 
                        have established a credible fear of persecution 
                        and have been referred to the Executive Office 
                        for Immigration Review for an asylum hearing 
                        shall not be considered to be in expedited 
                        removal proceedings and the custody status of 
                        such aliens after service of a Notice to Appear 
                        shall be determined in accordance with the 
                        procedures governing aliens in removal 
                        proceedings under section 240 of such Act (8 
                        U.S.C. 1229a).
                            (ii) Unaccompanied alien children.--
                        Unaccompanied alien children (as defined in 
                        section 462(g)(2) of the Homeland Security Act 
                        (6 U.S.C. 279(g)(2))) shall be considered to be 
                        in the care and exclusive custody of the 
                        Department of Health and Human Services and 
                        shall not be subject to expedited removal and 
                        shall not be permitted to participate in the 
                        program.
            (4) Designated groups.--The designated groups referred to 
        in paragraph (1) are the following:
                    (A) Alien parents who are being detained with one 
                or more of their children, and their detained children.
                    (B) Aliens who have serious medical or mental 
                health needs.
                    (C) Aliens who are mentally retarded or autistic.
                    (D) Pregnant alien women.
                    (E) Elderly aliens who are over the age of 65.
                    (F) Aliens placed in expedited removal proceedings 
                after being rescued from trafficking or criminal 
                operations by Government authorities.
                    (G) Other groups designated in regulations 
                promulgated by the Secretary.
            (5) Implementing regulations.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary 
        shall promulgate regulations to implement the secure 
        alternatives to detention program and to standardize the care 
        and treatment of aliens in immigration custody based on the 
        Detention Operations Manual of the Department of Homeland 
        Security.
            (6) Decisions regarding program not reviewable.--The 
        decisions of the Secretary regarding when to utilize the 
        program and to what extent and the selection of aliens to 
        participate in the program shall not be subject to 
        administrative or judicial review.
    (d) Reporting Requirements.--Not later than 180 days after the date 
of the enactment of this Act and annually thereafter, the Secretary 
shall submit to the Committee on Homeland Security of the House of 
Representatives, the Committee on the Judiciary of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on the Judiciary of the Senate 
a report that details all policies, regulations, and actions taken to 
comply with the provisions in this section, including maximizing 
detention capacity and increasing the cost-effectiveness of detention 
by implementing the secure alternatives to detention program, and a 
description of efforts taken to ensure that all aliens in expedited 
removal proceedings are residing under conditions that are safe, 
secure, and healthy.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out this section. Amounts appropriated pursuant to 
this section shall remain available until expended.

  Subtitle C--Recruitment and Retention of Additional Immigration Law 
                         Enforcement Personnel

SEC. 631. ADDITIONAL UNITED STATES BORDER PATROL AGENTS.

    The Secretary of Homeland Security shall increase the number of 
United States Border Patrol agents by--
            (1) 2,500 in fiscal year 2010;
            (2) 2,750 in fiscal year 2011;
            (3) 3,000 in fiscal year 2012;
            (4) 3,250 in fiscal year 2013; and
            (5) 3,500 in fiscal year 2014.

SEC. 632. PROVISIONS RELATING TO THE EXERCISE OF CERTAIN APPOINTMENT 
              AND OTHER SIMILAR AUTHORITIES WITH RESPECT TO THE UNITED 
              STATES BORDER PATROL.

    (a) In General.--Notwithstanding any other provision of law--
            (1) all authority described in subsection (b) that (but for 
        this section) would otherwise be vested in the Secretary of 
        Homeland Security shall instead be vested in the head of the 
        United States Border Patrol;
            (2) an individual may not be appointed or continue to serve 
        as the head of the United States Border Patrol if, at the time 
        of appointment, such individual has not completed at least 20 
        years of service, within the competitive service (as defined by 
        section 2102 of title 5, United States Code), as a United 
        States Border Patrol agent; and
            (3) all activities described in subsection (b) shall be 
        considered inherently Governmental functions and may not be 
        carried out by any persons other than employees of the United 
        States Border Patrol.
    (b) Authorities Described.--This section applies with respect to 
any authority relating to the recruitment, selection, and appointment 
of applicants (including the conducting of any investigation necessary 
to approve or grant security clearances) for United States Border 
Patrol agents, law enforcement officers (other than United States 
Border Patrol agents), and such other positions within the United 
States Border Patrol as the head of the United States Border Patrol may 
by regulation determine.
    (c) Regulations.--The head of the United States Border Patrol shall 
by regulation identify the specific authorities, including citations to 
the relevant provisions of law, rule, or regulation, to which this 
section applies.

SEC. 633. TRAINING FACILITIES.

    The Secretary of Homeland Security shall ensure that the training 
facilities used to train newly-hired United States Border Patrol agents 
are sufficiently spacious and modern to ensure that all recruits are 
afforded the highest possible quality training, as well as reasonably 
comfortable living conditions. All dormitories shall be constructed so 
that each trainee is housed in separate quarters. Moreover, the 
Secretary shall ensure that the training sites selected contains 
adequate housing for all permanent and temporary instructors within the 
local commuting area.

SEC. 634. OPERATIONAL FACILITIES.

    The Secretary of Homeland Security shall ensure that all 
operational facilities of the United States Border Patrol are well-
equipped and sufficiently spacious and modern to enable all of the 
personnel assigned to such facilities to efficiently accomplish the 
agency's mission.

SEC. 635. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER 
              PATROL AGENTS.

    Section 5379(b) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(4) In the case of an employee (otherwise eligible for benefits 
under this section) who is serving as a full-time active-duty United 
States Border Patrol agent within the Department of Homeland Security--
            ``(A) paragraph (2)(A) shall be applied by substituting 
        `$20,000' for `$10,000'; and
            ``(B) paragraph (2)(B) shall be applied by substituting 
        `$80,000' for `$60,000'.''.

SEC. 636. RECRUITMENT AND RELOCATION BONUSES AND RETENTION ALLOWANCES 
              FOR PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.

    The Secretary of Homeland Security shall ensure that the authority 
to pay recruitment and relocation bonuses under section 5753 of title 
5, United States Code, the authority to pay retention bonuses under 
section 5754 of such title, and any other similar authorities available 
under any other provision of law, rule, or regulation, are exercised to 
the fullest extent allowable in order to encourage service in the 
Department of Homeland Security.

SEC. 637. REPEAL OF THE DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES 
              MANAGEMENT SYSTEM.

    (a) Repeal.--
            (1) In general.--Effective as of the date specified in 
        section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101 
        note), chapter 97 of title 5, United States Code (as added by 
        section 841(a)(2) of such Act), section 841(b)(3) of such Act, 
        and subsections (c) and (e) of section 842 of such Act are 
        repealed.
            (2) Regulations.--Any regulations prescribed under 
        authority of chapter 97 of title 5, United States Code, are 
        void ab initio.
    (b) Nullification of Previous Exclusions.--Effective as of the date 
of the enactment of this Act, all previous determinations as to 
whether--
            (1) an agency or subdivision of the Department of Homeland 
        Security (or a predecessor agency or subdivision transferred 
        into the Department) is excluded from coverage under chapter 71 
        of title 5, United States Code,
            (2) a unit or subdivision of a unit within the Department 
        of Homeland Security (or a predecessor agency or subdivision 
        transferred into the Department) is not appropriate for 
        representation by a labor organization under such chapter, or
            (3) an employee or position within the Department of 
        Homeland Security (or a predecessor agency or subdivision 
        transferred into the Department) is within a unit that is not 
        appropriate for representation by a labor organization under 
        such chapter,
are null and void, except to the extent that such determinations were 
made in accordance with the criteria outlined in paragraph (1), (2), 
(3), (4), or (7) of section 7112(b) of such title 5.
    (c) Clerical Amendment.--The table of chapters for part III of 
title 5, United States Code, is amended by striking the item relating 
to chapter 97.

SEC. 638. ESTABLISHMENT OF SPECIALIZED INSPECTOR OCCUPATIONS.

    The Secretary of Homeland Security shall establish within the 
Bureau of Customs and Border Protection 3 distinct inspectional 
occupations: immigration, customs, and agriculture. These divisions 
shall coordinate closely with each other under the direction of a high-
level official within the Bureau, but shall report to separate 
operational chains of command.

SEC. 639. INCREASE IN INSPECTORS AT AIRPORT AND LAND BORDER INSPECTION 
              STATIONS.

    In each of the fiscal years 2010 through 2014, the Secretary of 
Homeland Security shall increase by not less than 1,000 the number of 
positions for full-time active duty immigration inspectors at airport 
and land border inspection stations within the Department of Homeland 
Security above the number of such positions for which funds were 
allotted for the preceding fiscal year.

SEC. 640. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS 
              AND OTHER EMPLOYEES.

    (a) Amendments.--
            (1) Federal employees' retirement system.--
                    (A) Paragraph (17) of section 8401 of title 5, 
                United States Code, is amended by striking ``and'' at 
                the end of subparagraph (C), and by adding at the end 
                the following:
                    ``(E) an employee (not otherwise covered by this 
                paragraph)--
                            ``(i) the duties of whose position include 
                        the investigation or apprehension of 
                        individuals suspected or convicted of offenses 
                        against the criminal laws of the United States; 
                        and
                            ``(ii) who is authorized to carry a 
                        firearm; and
                    ``(F) an employee of the Internal Revenue Service, 
                the duties of whose position are primarily the 
                collection of delinquent taxes and the securing of 
                delinquent returns;''.
                    (B) Conforming amendment.--Section 8401(17)(C) of 
                title 5, United States Code, is amended by striking 
                ``(A) and (B)'' and inserting ``(A), (B), (E), and 
                (F)''.
            (2) Civil service retirement system.--Paragraph (20) of 
        section 8331 of title 5, United States Code, is amended by 
        inserting after ``position.'' (in the matter before 
        subparagraph (A)) the following: ``For the purpose of this 
        paragraph, the employees described in the preceding provision 
        of this paragraph (in the matter before `including') shall be 
        considered to include an employee, not otherwise covered by 
        this paragraph, who satisfies clauses (i)-(ii) of section 
        8401(17)(E) and an employee of the Internal Revenue Service the 
        duties of whose position are as described in section 
        8401(17)(F).''.
            (3) Effective date.--Except as provided in subsection (b), 
        the amendments made by this subsection shall take effect on the 
        date of the enactment of this Act, and shall apply only in the 
        case of any individual first appointed (or seeking to be first 
        appointed) as a law enforcement officer (within the meaning of 
        those amendments) on or after such date.
    (b) Treatment of Service Performed by Incumbents.--
            (1) Law enforcement officer and service described.--
                    (A) Law enforcement officer.--Any reference to a 
                law enforcement officer described in this paragraph 
                refers to an individual who satisfies the requirements 
                of section 8331(20) or 8401(17) of title 5, United 
                States Code (relating to the definition of a law 
                enforcement officer) by virtue of the amendments made 
                by subsection (a).
                    (B) Service.--Any reference to service described in 
                this paragraph refers to service performed as a law 
                enforcement officer (as described in this paragraph).
            (2) Incumbent defined.--For purposes of this subsection, 
        the term ``incumbent'' means an individual who--
                    (A) is first appointed as a law enforcement officer 
                (as described in paragraph (1)) before the date of the 
                enactment of this Act; and
                    (B) is serving as such a law enforcement officer on 
                such date.
            (3) Treatment of service performed by incumbents.--
                    (A) In general.--Service described in paragraph (1) 
                which is performed by an incumbent on or after the date 
                of the enactment of this Act shall, for all purposes 
                (other than those to which subparagraph (B) pertains), 
                be treated as service performed as a law enforcement 
                officer (within the meaning of section 8331(20) or 
                8401(17) of title 5, United States Code, as 
                appropriate), irrespective of how such service is 
                treated under subparagraph (B).
                    (B) Retirement.--Service described in paragraph (1) 
                which is performed by an incumbent before, on, or after 
                the date of the enactment of this Act shall, for 
                purposes of subchapter III of chapter 83 and chapter 84 
                of title 5, United States Code, be treated as service 
                performed as a law enforcement officer (within the 
                meaning of such section 8331(20) or 8401(17), as 
                appropriate), but only if an appropriate written 
                election is submitted to the Office of Personnel 
                Management within 5 years after the date of the 
                enactment of this Act or before separation from 
                Government service, whichever is earlier.
            (4) Individual contributions for prior service.--
                    (A) In general.--An individual who makes an 
                election under paragraph (3)(B) may, with respect to 
                prior service performed by such individual, contribute 
                to the Civil Service Retirement and Disability Fund the 
                difference between the individual contributions that 
                were actually made for such service and the individual 
                contributions that should have been made for such 
                service if the amendments made by subsection (a) had 
                then been in effect.
                    (B) Effect of not contributing.--If no part of or 
                less than the full amount required under subparagraph 
                (A) is paid, all prior service of the incumbent shall 
                remain fully creditable as law enforcement officer 
                service, but the resulting annuity shall be reduced in 
                a manner similar to that described in section 
                8334(d)(2) of title 5, United States Code, to the 
                extent necessary to make up the amount unpaid.
                    (C) Prior service defined.--For purposes of this 
                subsection, the term ``prior service'' means, with 
                respect to any individual who makes an election under 
                paragraph (3)(B), service (described in paragraph (1)) 
                performed by such individual before the date as of 
                which appropriate retirement deductions begin to be 
                made in accordance with such election.
            (5) Government contributions for prior service.--
                    (A) In general.--If an incumbent makes an election 
                under paragraph (3)(B), the agency in or under which 
                that individual was serving at the time of any prior 
                service (referred to in paragraph (4)) shall remit to 
                the Office of Personnel Management, for deposit in the 
                Treasury of the United States to the credit of the 
                Civil Service Retirement and Disability Fund, the 
                amount required under subparagraph (B) with respect to 
                such service.
                    (B) Amount required.--The amount an agency is 
                required to remit is, with respect to any prior 
                service, the total amount of additional Government 
                contributions to the Civil Service Retirement and 
                Disability Fund (above those actually paid) that would 
                have been required if the amendments made by subsection 
                (a) had then been in effect.
                    (C) Contributions to be made ratably.--Government 
                contributions under this paragraph on behalf of an 
                incumbent shall be made by the agency ratably (on at 
                least an annual basis) over the 10-year period 
                beginning on the date referred to in paragraph (4)(C).
            (6) Exemption from mandatory separation.--Nothing in 
        section 8335(b) or 8425(b) of title 5, United States Code, 
        shall cause the involuntary separation of a law enforcement 
        officer (as described in paragraph (1)) before the end of the 
        3-year period beginning on the date of the enactment of this 
        Act.
            (7) Regulations.--The Office shall prescribe regulations to 
        carry out this section, including--
                    (A) provisions in accordance with which interest on 
                any amount under paragraph (4) or (5) shall be 
                computed, based on section 8334(e) of title 5, United 
                States Code; and
                    (B) provisions for the application of this 
                subsection in the case of--
                            (i) any individual who--
                                    (I) satisfies subparagraph (A) (but 
                                not subparagraph (B)) of paragraph (2); 
                                and
                                    (II) serves as a law enforcement 
                                officer (as described in paragraph (1)) 
                                after the date of the enactment of this 
                                Act; and
                            (ii) any individual entitled to a survivor 
                        annuity (based on the service of an incumbent, 
                        or of an individual under clause (i), who dies 
                        before making an election under paragraph 
                        (3)(B)), to the extent of any rights that would 
                        then be available to the decedent (if still 
                        living).
            (8) Rule of construction.--Nothing in this subsection shall 
        be considered to apply in the case of a reemployed annuitant.

SEC. 641. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL ANTI-
              SMUGGLING UNIT.

    The Secretary of Homeland Security shall reestablish the Anti-
Smuggling Unit within the Office of United States Border Patrol, and 
shall immediately staff such office with a minimum of 500 criminal 
investigators selected from within the ranks of the United States 
Border Patrol. Staffing levels shall be adjusted upward periodically in 
accordance with workload requirements.

SEC. 642. ESTABLISHMENT OF SPECIALIZED CRIMINAL INVESTIGATOR 
              OCCUPATIONS.

    The Secretary of Homeland Security shall establish specialized 
Criminal Investigator occupations within the Department: one for the 
investigation of violations of immigration laws, another for customs 
laws, and a third for agriculture laws. These divisions shall 
coordinate closely with each other under the direction of a high-level 
official within the Department, but shall report to separate 
operational chains of command.

SEC. 643. ESTABLISHMENT OF CAREER PATHS TO CRIMINAL INVESTIGATOR 
              POSITIONS.

    The Secretary of Homeland Security shall ensure that all persons 
selected for criminal investigator positions within the Department of 
Homeland Security possess a minimum of 3 years of field experience 
within the Department or its predecessor agencies in the specialized 
area of law that will be investigated.

SEC. 644. ADDITIONAL IMMIGRATION ENFORCEMENT AGENTS.

    In each of fiscal years 2010 through 2014, the Secretary of 
Homeland Security shall increase by not less than 500 the number of 
positions for full-time active duty immigration enforcement agents 
responsible for transporting and guarding detained aliens above the 
number of such positions for which funds were allotted for the 
preceding fiscal year.

SEC. 645. INCREASE UNITED STATES BORDER PATROL AGENT AND INSPECTOR PAY.

    (a) In General.--Effective as of the first day of the first 
applicable pay period beginning on or after the date of the enactment 
of this Act, the rate of basic pay for all employees of the Department 
of Homeland Security described in subsection (b) shall be increased in 
accordance with subsection (c).
    (b) Employees Described.--This section applies to any individual 
who, as of the date of the enactment of this Act--
            (1) is a journey level United States Border Patrol agent or 
        immigration, customs, or agriculture inspector within the 
        Department of Homeland Security, whose primary duties consist 
        of enforcing the immigration, customs, or agriculture laws of 
        the United States;
            (2) has completed at least one year of service as a United 
        States Border Patrol agent or inspector (whether as an employee 
        of the Department of Homeland Security, the Department of 
        Justice, or both agencies combined); and
            (3) is receiving an annual rate of basic pay for positions 
        at GS-11 of the General Schedule under section 5332 of title 5, 
        United States Code.
    (c) Increase Described.--The basic rate of pay for the employees 
described in this subsection shall increase from the annual rate of 
basic pay for positions at GS-11 of the General Schedule to the annaul 
rate of basic pay for positions at GS-13 of such schedule.

SEC. 646. FAIR LABOR STANDARDS ACT OVERTIME.

    Notwithstanding any other provisionof law, all overtime hours 
worked on and after the date of the enactment of this Act by all 
employees of the Department of Homeland Security who are at or below 
the second-line level of field supervision shall be compensated in 
accordance with the provisions of the Fair Labor Standards Act.

  Subtitle D--Enforcement Tools to Diminish Entries Using Fraudulent 
                Documents and Commercial Alien Smuggling

SEC. 651. FOREIGN LANGUAGE TRAINING.

    The Secretary of Homeland Security shall require all officers of 
the Department of Homeland Security who come into contact with aliens 
who have crossed the border illegally to take Spanish and other 
appropriate foreign language training courses to facilitate 
communication with the aliens.

SEC. 652. FOREIGN LANGUAGE AWARDS.

    (a) Special Rules.--The Secretary of Homeland Security shall apply 
section 4523 of title 5, United States Code, in conformance with the 
following:
            (1) Any law enforcement officer within the Department of 
        Homeland Security whose primary duties involve--
                    (A) the enforcement of the immigration laws of the 
                United States,
                    (B) the detention or transportation of violators of 
                the immigration laws of the United States, or
                    (C) both,
        shall, for purposes of such section 4523, be presumed to make 
        substantial use of a foreign language in the performance of 
        such officer's official duties.
            (2)(A) Any individual who successfully completes a foreign 
        language program as part of their agency-sponsored or agency-
        approved training shall be deemed to possess the foreign 
        language proficiency necessary to qualify for an award under 
        such section for so long as such individual serves as a law 
        enforcement officer within the Department of Homeland Security.
            (B) Nothing in this paragraph shall, in the case of any 
        individual who does not satisfy subparagraph (A), prevent such 
        individual from being allowed to demonstrate foreign language 
        proficiency in accordance with the criteria and procedures that 
        would otherwise apply under such section.
            (3) For purposes of applying subsection (a) of such section 
        4523, substitute ``equal to'' for ``up to''.
    (b) Definition.--For purposes of this section, the term ``law 
enforcement officer'' has the meaning given such term by section 4521 
of such title 5.

SEC. 653. ADDITIONAL PERSONNEL FOR INVESTIGATION OF FRAUDULENT SCHEMES 
              AND DOCUMENT FRAUD.

    The Secretary of Homeland Security shall hire at least 1000 
additional investigators for investigating fraudulent schemes, 
including benefit application schemes, and fraudulent documents used to 
enter or remain in the United States unlawfully.

SEC. 654. ESTABLISH A SPECIAL TASK FORCE FOR COORDINATING AND 
              DISTRIBUTING INFORMATION ON FRAUDULENT IMMIGRATION 
              DOCUMENTS.

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

SEC. 655. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE INFORMANTS TO 
              ENTER THE UNITED STATES AND REMAIN TEMPORARILY.

    (a) In General.--Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the comma at the end and 
        inserting ``; or'';
            (3) by inserting after clause (ii) the following:
                            ``(iii) who the Secretary of Homeland 
                        Security, the Secretary of State, or the 
                        Attorney General determines--
                                    ``(I) is in possession of critical 
                                reliable information concerning a 
                                commercial alien smuggling organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully;
                                    ``(II) is willing to supply or has 
                                supplied such information to a Federal 
                                or State court; or
                                    ``(III) whose presence in the 
                                United States the Secretary of Homeland 
                                Security, the Secretary of State, or 
                                the Attorney General determines is 
                                essential to the success of an 
                                authorized criminal investigation, the 
                                successful prosecution of an individual 
                                involved in the commercial alien 
                                smuggling organization or enterprise, 
                                or the disruption of such organization 
                                or enterprise or a commercial operation 
                                for making or trafficking in documents 
                                to be used for entering or remaining in 
                                the United States unlawfully.'';
            (4) by inserting ``, or with respect to clause (iii), the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General'' after ``jointly''; and
            (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), 
        or (iii)''.
    (b) Admission of Nonimmigrants.--Section 214(k) (8 U.S.C. 1184(k)) 
is amended--
            (1) by adding at the end of paragraph (1) the following: 
        ``The number of aliens who may be provided a visa as 
        nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal 
        year may not exceed 400.''; and
            (2) by adding at the end the following:
            ``(5) If the Secretary of Homeland Security, the Secretary 
        of State, or the Attorney General determines that a 
        nonimmigrant described in clause (iii) of section 
        101(a)(15)(S), or that of any family member of such a 
        nonimmigrant who is provided nonimmigrant status pursuant to 
        such section, must be protected, such official may take such 
        lawful action as the official considers necessary to effect 
        such protection.''.

SEC. 656. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT INFORMANTS.

    Section 245(j) (8 U.S.C. 1255(j)) is amended--
            (1) in paragraph (3), by striking ``(1) or (2),'' and 
        inserting ``(1), (2), (3), or (4),'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
            ``(3) if, in the opinion of the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General--
                    ``(A) a nonimmigrant admitted into the United 
                States under section 101(a)(15)(S)(iii) has supplied 
                information described in subclause (I) of such section; 
                and
                    ``(B) the provision of such information has 
                substantially contributed to the success of a 
                commercial alien smuggling investigation or an 
                investigation of the sale or production of fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully, the disruption of such an 
                enterprise, or the prosecution of an individual 
                described in subclause (III) of that section,
        the Secretary of Homeland Security may adjust the status of the 
        alien (and the spouse, children, married and unmarried sons and 
        daughters, and parents of the alien if admitted under that 
        section) to that of an alien lawfully admitted for permanent 
        residence if the alien is not described in section 
        212(a)(3)(E).
            ``(4) The Secretary of Homeland Security may adjust the 
        status of a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S)(iii) (and the spouse, children, married 
        and unmarried sons and daughters, and parents of the 
        nonimmigrant if admitted under that section) to that of an 
        alien lawfully admitted for permanent residence on the basis of 
        a recommendation of the Secretary of State or the Attorney 
        General.''; and
            (4) by adding at the end the following:
            ``(6) If the Secretary of Homeland Security, the Secretary 
        of State, or the Attorney General determines that a person 
        whose status is adjusted under this subsection must be 
        protected, such official may take such lawful action as the 
        official considers necessary to effect such protection.''.

SEC. 657. REWARDS PROGRAM.

    (a) Rewards Program.--Section 274 (8 U.S.C. 1324) is amended by 
adding at the end the following:
    ``(e) Rewards Program.--
            ``(1) In general.--There is established in the Department 
        of Homeland Security a program for the payment of rewards to 
        carry out the purposes of this section.
            ``(2) Purpose.--The rewards program shall be designed to 
        assist in the elimination of commercial operations to produce 
        or sell fraudulent documents to be used for entering or 
        remaining in the United States unlawfully and to assist in the 
        investigation, prosecution, or disruption of a commercial alien 
        smuggling operation.
            ``(3) Administration.--The rewards program shall be 
        administered by the Secretary of Homeland Security, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State.
            ``(4) Rewards authorized.--In the sole discretion of the 
        Secretary of Homeland Security, such Secretary, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State, may pay a reward to any individual who 
        furnishes information or testimony leading to--
                    ``(A) the arrest or conviction of any individual 
                conspiring or attempting to produce or sell fraudulent 
                documents to be used for entering or remaining in the 
                United States unlawfully or to commit an act of 
                commercial alien smuggling involving the transportation 
                of aliens;
                    ``(B) the arrest or conviction of any individual 
                committing such an act;
                    ``(C) the arrest or conviction of any individual 
                aiding or abetting the commission of such an act;
                    ``(D) the prevention, frustration, or favorable 
                resolution of such an act, including the dismantling of 
                an operation to produce or sell fraudulent documents to 
                be used for entering or remaining in the United States, 
                or commercial alien smuggling operations, in whole or 
                in significant part; or
                    ``(E) the identification or location of an 
                individual who holds a key leadership position in an 
                operation to produce or sell fraudulent documents to be 
                used for entering or remaining in the United States 
                unlawfully or a commercial alien smuggling operation 
                involving the transportation of aliens.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection. Amounts appropriated under this 
        paragraph shall remain available until expended.
            ``(6) Ineligibility.--An officer or employee of any 
        Federal, State, local, or foreign government who, while in 
        performance of his or her official duties, furnishes 
        information described in paragraph (4) shall not be eligible 
        for a reward under this subsection for such furnishing.
            ``(7) Protection measures.--If the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General 
        determines that an individual who furnishes information or 
        testimony described in paragraph (4), or any spouse, child, 
        parent, son, or daughter of such an individual, must be 
        protected, such official may take such lawful action as the 
        official considers necessary to effect such protection.
            ``(8) Limitations and certification.--
                    ``(A) Maximum amount.--No reward under this 
                subsection may exceed $100,000, except as personally 
                authorized by the Secretary of Homeland Security.
                    ``(B) Approval.--Any reward under this subsection 
                exceeding $50,000 shall be personally approved by the 
                Secretary of Homeland Security.
                    ``(C) Certification for payment.--Any reward 
                granted under this subsection shall be certified for 
                payment by the Secretary of Homeland Security.''.

SEC. 658. OUTREACH PROGRAM.

    Section 274 (8 U.S.C. 1324), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(f) Outreach Program.--The Secretary of Homeland Security, in 
consultation, as appropriate, with the Attorney General and the 
Secretary of State, shall develop and implement an outreach program to 
educate the public in the United States and abroad about--
            ``(1) the penalties for--
                    ``(A) bringing in and harboring aliens in violation 
                of this section; and
                    ``(B) participating in a commercial operation for 
                making, or trafficking in, documents to be used for 
                entering or remaining in the United States unlawfully; 
                and
            ``(2) the financial rewards and other incentives available 
        for assisting in the investigation, disruption, or prosecution 
        of a commercial smuggling operation or a commercial operation 
        for making, or trafficking in, documents to be used for 
        entering or remaining in the United States unlawfully.''.

                TITLE VII--EMPLOYMENT-BASED IMMIGRATION

SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
            (1) in subsection (a)(5)--
                    (A) by amending the paragraph heading to read 
                ``Prohibition of Intimidation, Retaliation, or Unlawful 
                Discrimination in Employment'';
                    (B) by moving the text down and to the right 2 ems;
                    (C) by inserting before such text the following: 
                ``(A) in general.--''; and
                    (D) by adding at the end the following:
                    ``(B) Federal labor or employment laws.--It is an 
                unfair employment practice for any employer to directly 
                or indirectly threaten any individual with removal or 
                any other adverse consequences pertaining to that 
                individual's immigration status or employment benefits 
                for the purpose of intimidating, pressuring, or 
                coercing any such individual not to exercise any right 
                protected by State or Federal labor or employment law 
                (including section 7 of the National Labor Relations 
                Act (29 U.S.C. 157)), or for the purpose of retaliating 
                against any such individual for having exercised or 
                having stated an intention to exercise any such right.
                    ``(C) Discrimination based on immigration status.--
                It is an unfair employment practice for any employer, 
                except to the extent specifically authorized or 
                required by law, to discriminate in any term or 
                condition of employment against any individual employed 
                by such employer on the basis of such individual's 
                immigration status.''; and
            (2) in subsection (c)(2), by adding at the end the 
        following: ``The Special Counsel shall not disclose to the 
        Secretary of Homeland Security or any other government agency 
        or employee, and shall not cause to be published in a manner 
        that discloses to the Secretary of Homeland Security or any 
        other government agency or employee, any information obtained 
        by the Special Counsel in any manner concerning the immigration 
        status of any individual who has filed a charge under this 
        section, or the identity of any individual or entity that is a 
        party or witness to a proceedings brought pursuant to such 
        charge. The Secretary of Homeland Security may not rely, in 
        whole or in part, in any enforcement action or removal 
        proceeding, upon any information obtained as a result of the 
        filing or prosecution of an unfair immigration-related 
        employment practice charge. For purposes of this paragraph, the 
        term `Special Counsel' includes individuals formerly appointed 
        to the position of Special Counsel and any current or former 
        employee of the office of the Special Counsel. Whoever 
        knowingly uses, publishes, or permits information to be used in 
        violation of this paragraph shall be fined not more than 
        $10,000.''.

SEC. 702. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General 
and the Secretary of Homeland Security, shall conduct a national study 
of American workplaces to determine the causes, extent, circumstances, 
and consequences, of exploitation of undocumented alien workers by 
their employers. As part of this study, the Secretary of Labor shall 
create a plan for targeted review of Federal labor law enforcement in 
industries with a substantial immigrant workforce, for the purpose of 
identifying, monitoring, and deterring frequent or egregious violators 
of wage and hour, antidiscrimination, National Labor Relations Act, and 
workplace safety and health requirements. Not later than 18 months 
after the date of the enactment of this Act, the Secretary of Labor 
shall submit to the Congress a report describing the results of the 
study and the Secretary's recommendations based on the study.

SEC. 703. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
            (1) by redesignating subsections (m) (as added by section 
        105 of Public Law 106-313), (n) (as added by section 107(e) of 
        Public Law 106-386), (o) (as added by section 1513(c) of Public 
        Law 106-386), (o) (as added by section 1102(b) of the Legal 
        Immigration Family Equity Act), and (p) (as added by section 
        1503(b) of the Legal Immigration Family Equity Act) as 
        subsections (n), (o), (p), (q), and (r), respectively; and
            (2) by adding at the end the following:
    ``(s)(1) No petition to accord employment status under the 
nonimmigrant classifications described in sections 101(a)(15)(E)(iii) 
and (H) shall be granted in the absence of an affidavit from the 
petitioner describing the efforts that were made to recruit an alien 
lawfully admitted for permanent residence or a citizen of the United 
States before resorting to a petition to obtain a foreign employee. The 
recruitment efforts must have included substantial attempts to find 
employees in minority communities. Recruitment efforts in minority 
communities should include at least one of the following, if 
appropriate for the employment being advertised:
            ``(A) Advertise the availability of the job opportunity for 
        which the employer is seeking a worker in local newspapers in 
        the labor market that is likely to be patronized by a potential 
        worker for at least 5 consecutive days.
            ``(B) Undertake efforts to advertise the availability of 
        the job opportunity for which the employer is seeking a worker 
        through advertisements in public transportation systems.
            ``(C) To the extent permitted by local laws and 
        regulations, engage in recruitment activities in secondary 
        schools, recreation centers, community centers, and other 
        places throughout the communities within 50 miles of the job 
        site that serve minorities.
    ``(2)(A) The Secretary of Homeland Security shall impose a 10 
percent surcharge on all fees collected for petitions to accord 
employment status and shall use these funds to establish an employment 
training program which will include unemployed workers in the United 
States who need to be trained or retrained. The purpose of this program 
shall be to increase the number of lawful permanent residents and 
citizens of the United States who are available for employment in the 
occupations that are the subjects of such petitions. At least 50 
percent of the funds generated by this provision must be used to train 
American workers in rural and inner-city areas.
    ``(B) The Secretary of Homeland Security shall reserve and make 
available to the Secretary of Labor a portion of the funds collected 
under this paragraph. Such funds shall be used by the Secretary of 
Labor to establish an `Office to Preserve American Jobs' within the 
Department of Labor. The purpose of this office shall be to establish 
policies intended to ensure that employers in the United States will 
hire available workers in the United States before resorting to foreign 
labor, giving substantial emphasis to hiring minority workers in the 
United States.''.

              TITLE VIII--FAIRNESS IN REMOVAL PROCEEDINGS

SEC. 801. RIGHT TO COUNSEL.

    Section 292 (8 U.S.C. 1362) is amended by striking the matter after 
the section designation and inserting the following: ``In any bond, 
custody, detention, or removal proceedings before the Attorney General 
and in any appeal proceedings before the Attorney General from any such 
proceedings, the person concerned shall have the privilege of being 
represented (at no expense to the government) by such counsel, 
authorized to practice in such proceedings, as he shall choose. With 
consent of their clients, counsel may enter appearances limited to 
bond, custody, or other specific proceedings.''.

SEC. 802. PRESUMPTION IN FAVOR OF WITHDRAWAL OF APPLICATION FOR 
              ADMISSION.

    Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended to read as 
follows:
            ``(4) Withdrawal of application for admission.--
                    ``(A) Presumption in favor of withdrawal.--The 
                Attorney General shall permit an alien applying for 
                admission to withdraw the application and depart 
                immediately from the United States at any time, unless 
                an immigration judge has rendered a decision with 
                respect to the admissibility of the alien, except that 
                the Attorney General may deny permission for the 
                withdrawal when warranted by unusual circumstances.
                    ``(B) Permissive withdrawal.--Except as provided in 
                subparagraph (A), an alien applying for admission may, 
                in the discretion of the Attorney General and at any 
                time after a decision described in such subparagraph 
                has been rendered, be permitted to withdraw the 
                application and depart immediately from the United 
                States.''.

SEC. 803. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.

    Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13)(C)) is amended by 
amending clause (ii) to read as follows:
                            ``(ii) has been absent from the United 
                        States for a continuous period in excess of one 
                        year unless the alien's return was impeded by 
                        emergency or extenuating circumstances outside 
                        the control of the alien,''.

SEC. 804. REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY 
              REENTERING.

    Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended--
            (1) by inserting ``, after a hearing by an immigration 
        judge,'' after ``If'';
            (2) by inserting ``, on or after September 30, 1996,'' 
        after ``alien has'';
            (3) by striking ``is reinstated'' and inserting ``may be 
        deemed to be reinstated'';
            (4) by striking ``and is not subject'' and all that follows 
        through ``under this Act''; and
            (5) by striking the period at the end and inserting the 
        following: ``subject to reopening and review of the previous 
        order. Nothing in this section shall preclude an alien from 
        applying for any relief from removal under this Act.''.

SEC. 805. PERMANENT APPLICATION OF SECTION 245(I).

    Section 245(i) (8 U.S.C. 1255(i)) is amended--
            (1) by inserting ``and'' at the end of paragraph (1)(A);
            (2) by amending paragraph (1)(B) to read as follows:
                    ``(B) who is the beneficiary (including a spouse or 
                child of the principal alien) of--
                            ``(i) a petition for classification under 
                        section 204; or
                            ``(ii) an application for a labor 
                        certification under section 212(a)(5)(A);'';
            (3) by striking paragraph (1)(C); and
            (4) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.

SEC. 806. DISCRETIONARY WAIVER OF INADMISSIBILITY BASED ON UNLAWFUL 
              PRESENCE, FAILURE TO ATTEND REMOVAL PROCEEDINGS, AND 
              MISREPRESENTATIONS.

    (a) In General.--Section 212(i) (8 U.S.C. 1182(i)) is amended to 
read as follows:
    ``(i) The Secretary of Homeland Security may waive the application 
of subparagraph (A)(i) or (B), or clause (i) or (ii) of subparagraph 
(C), of subsection (a)(6) in the case of an immigrant who is the 
parent, spouse, child, son, or daughter of a United States citizen or 
of an alien lawfully admitted to the United States for permanent 
residence, if it is established to the satisfaction of the Secretary 
that the refusal of admission to the United States of such immigrant 
would result in hardship to the immigrant or to such citizen or lawful 
permanent resident parent, spouse, child, son, or daughter.''.
    (b) Conforming Amendments.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) 
is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iii) Waiver authorized.--For a provision 
                        authorizing the waiver of clause (i), see 
                        subsection (i).'';
            (2) in subparagraph (B)--
                    (A) by inserting ``(i)'' after the subparagraph 
                heading; and
                    (B) by adding at the end the following:
                            ``(ii) Waiver authorized.--For a provision 
                        authorizing the waiver of clause (i), see 
                        subsection (i).''; and
            (3) in subparagraph (C)(iii), by inserting ``or (ii)'' 
        after ``(i)''.

SEC. 807. WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.

    Section 212(h) (8 U.S.C. 1182(h)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``offense of simple possession of 30 grams or less of 
        marijuana'' and inserting ``controlled substance offense for 
        which the alien was not incarcerated for a period exceeding 1 
        year''; and
            (2) by striking the final two sentences.

SEC. 808. GENERAL WAIVER FOR ALIENS PREVIOUSLY REMOVED AND FOR THE 
              UNLAWFUL PRESENCE BARS.

    (a) In General.--Section 212(d) (8 U.S.C. 1182(d)) is amended by 
adding at the end the following:
    ``(14) The Secretary of Homeland Security may, in the discretion of 
the Secretary, for humanitarian purposes, to assure family unity, or 
when it is otherwise in the public interest, waive the application of 
subparagraph (A) or (B)(i) of subsection (a)(9).''.
    (b) Conforming Amendment.--Section 212(a)(9)(B) of such Act (8 
U.S.C. 1182(a)(9)(B)) is amended by striking clause (v).

SEC. 809. WAIVER OF AGGRAVATED FELONY CONSEQUENCES.

    Section 101 (8 U.S.C. 1101) is amended by adding at the end the 
following:
    ``(j) For purposes of this Act, and notwithstanding subsection 
(a)(43), the Secretary of Homeland Security may treat any conviction 
that did not result in incarceration for more than 1 year as if such 
conviction were not a conviction for an aggravated felony. This 
discretion may be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.''.

SEC. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL 
              CIRCUMSTANCES.

    (a) New General Waiver.--Section 212(d) (8 U.S.C. 1182(d)) is 
amended by adding at the end the following:
            ``(13) The Secretary of Homeland Security may, in the 
        discretion of such Secretary for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest, waive the application of subparagraph (B) or (G) of 
        subsection (a)(6), clause (i) or (ii) of subsection (a)(9)(A), 
        or subsection (a)(9)(B)(i), in unusual circumstances. For 
        purposes of the preceding sentence, an instance of battering or 
        extreme cruelty is deemed to constitute unusual circumstances 
        in the case where it is inflicted on an alien (or a child of an 
        alien) by the alien's United States citizen or lawful permanent 
        resident spouse, parent, child, son, or daughter.''.
    (b) Waiver for Aliens Previously Removed.--
            (1) Certain aliens previously removed.--Section 
        212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended by adding at 
        the end the following:
                            ``(iv) Waiver authorized.--For provision 
                        authorizing waiver of clause (i) or (ii), see 
                        subsection (d)(13).''.
            (2) Aliens unlawfully present.--Section 212(a)(9)(B)(v) (8 
        U.S.C. 1182(A)(9)(B)(v)) is amended to read as follows:
                            ``(v) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.

SEC. 811. RESTORATION OF SUSPENSION OF DEPORTATION.

    (a) Cancellation of Removal.--Section 240A(a)(3) (8 U.S.C. 
1229b(a)(3)) is amended to read as follows:
            ``(3) has not been convicted of an aggravated felony for 
        which the sentence imposed is five years or more.''.
    (b) Repeal of Rule for Termination of Continuous Period.--
            (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 
        1229b(a)) is repealed.
            (2) Section 240A(d) (8 U.S.C. 1229b) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (B) by inserting before the period at the end of 
                paragraph (1) (as redesignated) the following: ``, 
                unless the alien's departure from the United States was 
                due to a temporary trip abroad required by emergency or 
                extenuating circumstances outside the control of the 
                alien''.
    (c) Cancellation of Removal and Adjustment for Certain Nonpermanent 
Residents.--Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to 
read as follows:
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States if the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of--
                            ``(i) 7 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable on any 
                                ground other than a ground specified in 
                                clause (ii)(I); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in extreme hardship to the alien 
                                or the alien's spouse, child, parent, 
                                son, or daughter, who is a citizen of 
                                the United States or an alien lawfully 
                                admitted for permanent residence; or
                            ``(ii) 10 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable for 
                                conviction of an offense under section 
                                212(a)(2), 237(a)(2), or 237(a)(3); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in exceptional and extremely 
                                unusual hardship to the alien or the 
                                alien's spouse, parent, child, son, or 
                                daughter, who is a citizen of the 
                                United States or an alien lawfully 
                                admitted for permanent residence; and
                    ``(B) has been a person of good moral character 
                during such period.''.
    (d) Elimination of Annual Limitation.--Section 240A (8 U.S.C. 
1229b) is amended by striking subsection (e).

          TITLE IX--REMOVAL GROUNDS BASED ON CRIMINAL OFFENSES

SEC. 901. DEFINITION OF MORAL TURPITUDE.

    (a) Equitable Definition of ``Moral Turpitude''.--
            (1) Conviction of certain crimes.--Section 212(a)(2)(A)(i) 
        (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking ``of, or who 
        admits having committed, or who admits committing acts which 
        constitute the essential elements of--'' and inserting ``of--
        ''.
            (2) Exception.--Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 
        1182(a)(2)(A)(ii)(II)) is amended--
                    (A) by striking ``the maximum'' and all that 
                follows through ``such crime,''; and
                    (B) by striking ``6 months'' and inserting ``1 
                year''.
    (b) Equitable Definition of ``Crimes of Moral Turpitude''.--Section 
237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended to read 
as follows:
                                    ``(II) for which the alien has been 
                                incarcerated for a period exceeding one 
                                year,''.

SEC. 902. ``AGGRAVATED FELONY'' DEFINITIONS.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
amended by striking ``The term `aggravated felony' means'' and 
inserting ``Aggravated felony means a felony''.
    (b) Illicit Trafficking.--Section 101(a)(43)(B) (8 U.S.C. 
1101(a)(43)(B)) is amended by striking ``Code);'' and inserting 
``Code), except it does not include simple possession of a controlled 
substance;''.
    (c) Crimes of Violence and Theft Offenses.--Subparagraphs (F), (G), 
(R), and (S) of section 101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), 
and (S)) are each amended by striking ``imprisonment'' and all that 
follows through the semicolon and inserting ``imprisonment of more than 
five years;''.
    (d) Corrupt Organizations and Gambling Offenses.--Section 
101(a)(43)(J) is amended by inserting ``more than five years'' after 
the words ``sentence of''.
    (e) Alien Smuggling.--Section 101(a)(43)(N) (8 U.S.C. 
101(a)(43)(N)) is amended--
            (1) by inserting ``committed for the purpose of commercial 
        advantage,'' after ``smuggling),''; and
            (2) by adding at the end a semicolon.
    (f) Discretionary Waiver in Cases of Other Minor Felonies.--Section 
101 (8 U.S.C. 1101) is amended by adding at the end the following:

SEC. 903. DEFINITIONS OF ``CONVICTION'' AND ``TERM OF IMPRISONMENT''.

    Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--
            (1) in subparagraph (A), by striking ``court'' and all that 
        follows through the period at the end and inserting ``court. An 
        adjudication or judgment of guilt that has been expunged, 
        deferred, annulled, invalidated, withheld, or vacated, an order 
        of probation without entry of judgment, or any similar 
        disposition shall not be considered a conviction for purposes 
        of this Act.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``only'' after ``deemed to 
                include''; and
                    (B) by striking ``court of law'' and all that 
                follows through the period at the end and inserting 
                ``court of law. Any such reference shall not be deemed 
                to include any suspension of the imposition or 
                execution of that imprisonment or sentence in whole or 
                in part.''.
    ``(i) For purposes of this Act, and notwithstanding subsection 
(a)(43), the Attorney General may treat any conviction that did not 
result in incarceration for more than 1 year as if such conviction were 
not a conviction for an aggravated felony.''.

SEC. 904. ELIMINATING RETROACTIVE CHANGES IN REMOVAL GROUNDS.

    (a) Application of Aggravated Felony Definition.--The last sentence 
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as 
follows: ``The term shall not apply to any offense that was not covered 
by the term on the date on which the offense occurred.''.
    (b) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is 
amended by adding at the end the following new subsection:
    ``(d) Notwithstanding any other provision of this section, an alien 
is not deportable by reason of committing any offense that was not a 
ground of deportability on the date the offense occurred.''.
    (c) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended by adding at the end the following new subsection:
    ``(p) Notwithstanding any other provision of this section, an alien 
is not inadmissible by reason of committing any offense that was not a 
ground of inadmissibility on the date the offense occurred.''.

SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR 
              PERSONS PREVIOUSLY REMOVED.

    (a) In General.--The Attorney General shall establish a process by 
which an alien described in subsection (b) may apply for reopening a 
proceeding so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality Act, as such 
section was in effect prior to the enactment of the Antiterrorism and 
Effective Death Penalty Act of 1996, or section 240A of the Immigration 
and Nationality Act, as amended by this Act.
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who received a final order of exclusion, deportation, or removal, 
or a decision on a petition for review or petition for habeas corpus, 
on or after September 30, 1996, and who was--
            (1) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that was not a 
        basis for removal, exclusion, or deportation on the date on 
        which the offense was committed;
            (2) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that is not a 
        basis for removal, exclusion, or deportation on the date of 
        enactment of this Act; or
            (3) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense prior to April 
        24, 1996, for which there was relief from exclusion, 
        deportation, or removal available prior to such date.
    (c) Parole.--The Attorney General may in her discretion exercise 
the parole authority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens excluded, deported, or removed from the United States to 
participate in the process established under subsection (a), if the 
alien establishes prima facie eligibility for the relief.

                        TITLE X--DIVERSITY VISAS

SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.

    Section 201(e) (8 U.S.C. 1151(e)) is amended by striking ``55,000'' 
and inserting ``110,000''.

                        TITLE XI--HAITIAN PARITY

SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as 
amended by section 202, is further amended by inserting after section 
245C the following:

          ``adjustment of status of certain haitian nationals

    ``Sec. 245D.  Notwithstanding the provisions of section 245(c), the 
status of any alien who is a national or citizen of Haiti, and who has 
been physically present in the United States for at least one year, may 
be adjusted by the Secretary of Homeland Security, in the Secretary's 
discretion and under such regulations as the Secretary may prescribe, 
to that of an alien lawfully admitted for permanent residence, if the 
alien makes an application for such adjustment and the alien is 
eligible to receive an immigrant visa and is admissible to the United 
States for permanent residence. Upon approval of such an application 
for adjustment of status, the Secretary shall create a record of the 
alien's admission for permanent residence as of a date 30 months prior 
to the filing of such an application or the date of the alien's last 
arrival into the United States, whichever date is later. The provisions 
of this Act shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship and place of 
birth, if the spouse or child is residing with such alien in the United 
States.''.
    (b) Clerical Amendment.--The table of contents as amended by 
section 202, is further amended by inserting after the item relating to 
section 245C the following:

``Sec. 245D. Adjustment of status of certain Haitian nationals.''.
    (c) Sunset.--The amendments made by this section shall cease to be 
effective on the date that is 3 years after the date of the enactment 
of this Act.

SEC. 1102. LIMITATION OF ATTORNEY GENERAL'S BOND DISCRETION.

    Section 236 (8 U.S.C. 1226) is amended by adding at the end the 
following:
    ``(f) Exercise of Authority for Arrest, Detention, and Release.--
The Secretary of Homeland Security shall exercise the discretion 
afforded under subsection (a) on a case-by-case basis. If bond is to be 
denied on the ground that the alien's release would give rise to 
adverse consequences for national security or national immigration 
policy, the finding of such adverse consequences shall be based on 
circumstances pertaining to the individual alien whose release is being 
considered.''.

SEC. 1103. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL 
              PROCEEDINGS.

    Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 
amended to read as follows:
                                    ``(IV) Detention.--Aliens subject 
                                to the procedures under this clause 
                                shall be detained in accordance with 
                                section 236.''.

SEC. 1104. AMENDMENTS TO HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

    (a) Ground for Inadmissibility for Document Fraud Does Not Apply.--
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) of section 902 
by inserting ``(6)(C)(i),'' after ``(6)(A),''.
    (b) Determinations With Respect to Children.--Section 902(d) of 
such Act 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 the date 
                of the enactment of this section.
                    ``(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.''.

SEC. 1105. NEW APPLICATIONS AND MOTIONS TO REOPEN.

    (a) New Applications.--Notwithstanding section 902(a)(1)(A) of the 
Haitian and Immigrant Fairness Act of 1998, an alien who is eligible 
for adjustment of status under such Act, as amended by section 804 of 
this Act, may submit an application for adjustment of status under such 
Act not later than the later of--
            (1) 2 years after the date of the enactment of this Act; 
        and
            (2) 1 year after the date on which final regulations 
        implementing section 804 are promulgated.
    (b) Motions To Reopen.--The Secretary of Homeland Security 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 amendments 
under section 804 of this Act.
    (c) Relationship of Application to Certain Orders.--Section 
902(a)(3) of the Haitian and Immigrant 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 subsection (a), or a motion under subsection (b), in 
the same manner as such section 902(a)(3) applied to aliens filing 
applications for adjustment of status under such Act before April 1, 
2000.

SEC. 1106. TEMPORARY PROTECTED STATUS FOR HAITIANS.

    It is the sense of the Congress that the Secretary of Homeland 
Security should be more liberal with respect to Haiti in deciding 
whether to designate that country for temporary protected status under 
section 244(b)(1)(A) of the Immigration and Nationality (8 U.S.C. 
1254(b)(1)(A)). It is the sense of the Congress that this decision has 
sometimes been made without due regard to the serious threat to 
personal safety that results from sending Haitians back to Haiti during 
a period of ongoing armed conflict in that country.

         TITLE XII--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

SEC. 1201. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

    Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the 
end the following:
                    ``(C) When warranted by unusual circumstances or to 
                preserve family unity, the Attorney General may, in the 
                Attorney General's discretion, consider an unmarried 
                son or daughter of a refugee to be a child of the 
                refugee for purposes of this paragraph.''.

SEC. 1202. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the 
end the following:
                    ``(C) When warranted by unusual circumstances or to 
                preserve family unity, the Attorney General may, in the 
                Attorney General's discretion, consider an unmarried 
                son or daughter of an alien who is granted asylum under 
                this subsection to be a child of the alien for purposes 
                of this paragraph.''.

SEC. 1203. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.

    Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
            (1) by striking subparagraph (B);
            (2) in subparagraph (C), by striking ``(D),'' and inserting 
        ``(C),'';
            (3) in subparagraph (D)--
                    (A) by striking ``subparagraphs (B) and (C),'' and 
                inserting ``subparagraph (B),'';
                    (B) by striking ``either''; and
                    (C) by striking ``asylum or extraordinary'' and all 
                that follows through the period at the end and 
                inserting ``asylum.''; and
            (4) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.

SEC. 1204. GENDER-BASED PERSECUTION.

    (a) Treatment as Refugee.--Section 101(a)(42) (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following:
                    ``(C) For purposes of determinations under this 
                Act, a person who establishes that he or she suffered 
                persecution in the past, or has a well-founded fear of 
                persecution, on account of gender shall be considered 
                to have suffered persecution, or to have a well-founded 
                fear of persecution, on account of membership in a 
                particular social group.''.
    (b) Restriction on Removal to Country Where Alien Would Be 
Threatened.--Section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)) is 
amended by adding at the end the following:
                    ``(C) Gender-based persecution.--For purposes of 
                determinations under this paragraph, an alien who 
                establishes that the alien's life or freedom would be 
                threatened in a country on account of gender shall be 
                considered to have established that the alien's life or 
                freedom would be threatened in that country on account 
                of membership in a particular social group.''.

                 TITLE XIII--TEMPORARY PROTECTED STATUS

SEC. 1301. ADJUSTMENT OF STATUS FOR CERTAIN RECIPIENTS OF TEMPORARY 
              PROTECTED STATUS.

    (a) In General.--Section 245 (8 U.S.C. 1255) is amended by adding 
at the end the following:
    ``(n)(1) If, in the opinion of the Secretary of the Homeland 
Security Department, a person granted temporary protected status under 
section 244--
            ``(A) has been physically present in the United States in 
        that status for a continuous period of at least 5 years;
            ``(B) has at all times been a person of good moral 
        character;
            ``(C) has never been convicted of a criminal offense in the 
        United States;
            ``(D) in the case of an alien who is 18 years of age or 
        older, but who is not over the age of 65, has successfully 
        completed a course on reading, writing, and speaking words in 
        ordinary usage in the English language, unless unable to do so 
        on account of physical or developmental disability or mental 
        impairment;
            ``(E) in the case of an alien 18 years of age or older, has 
        accepted the values and cultural life of the United States; and
            ``(F) in the case of an alien 18 years of age or older, has 
        performed at least 40 hours of community service;
the Secretary may adjust the status of the alien to that of an alien 
lawfully admitted for permanent residence.
    ``(2) An alien shall not be considered to have failed to maintain a 
continuous presence in the United States for purposes of subsection 
(a)(1) by virtue of brief, casual, and innocent absences from the 
United States.
    ``(3)(A) The alien shall establish that the alien is admissible to 
the United States as immigrant, except as otherwise provided in 
paragraph (2).
    ``(B) The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), 
(6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 
shall not apply in the determination of an alien's admissibility under 
this section.
    ``(4) 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. The 
numerical limitations of sections 201 and 202 shall not apply to 
adjustment of status under this section.
    ``(5) The Secretary of Homeland Security may terminate removal 
proceedings without prejudice pending the outcome of an alien's 
application for adjustment of status under this section on the basis of 
a prima facie showing of eligibility for relief under this section.''.
    (b) Limitation on Consideration in the Senate of Legislation 
Adjusting Status.--Section 244 (8 U.S.C. 1254a) is amended by striking 
subsection (h) and redesignating subsection (i) as subsection (h).

SEC. 1302. FOREIGN STATE DESIGNATIONS.

    Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is amended to change 
the following phrase ``the Attorney General finds that there exist 
extraordinary and temporary conditions in the foreign state that 
prevent aliens who are nationals of the state from returning to the 
state in safety,'' so that it reads as follows: ``the Secretary of 
Homeland Security finds that extraordinary and temporary conditions in 
the foreign state make returning aliens to the state undesirable for 
humanitarian reasons,''.

                  TITLE XIV--MISCELLANEOUS PROVISIONS

SEC. 1401. NATURALIZATION PROVISIONS.

    (a) Physical Presence Requirement.--Section 316(a) (8 U.S.C. 1427) 
is amended by adding at the end the following:
    ``(g) When warranted by extraordinary circumstances, the Secretary 
of Homeland Security may reduce, by not more than 90 days, the physical 
presence requirement described in the preceding sentence.''.
    (b) Absences From the United States.--Section 316(b) (8 U.S.C. 
1427(b)) is amended--
            (1) in the first sentence, by striking ``one year'' and 
        inserting ``18 months''; and
            (2) in the second sentence, by striking ``continuous period 
        of one year'' and inserting ``continuous period of 18 months''.

SEC. 1402. PREVENTING INAPPROPRIATE STATE AND LOCAL GOVERNMENT 
              INVOLVEMENT IN THE ENFORCEMENT OF CIVIL IMMIGRATION 
              PROVISIONS UNDER THE IMMIGRATION AND NATIONALITY ACT.

    (a) Elimination of Ban on State and Local Governments From 
Preventing Communications With the Department of Homeland Security.--
            (1) In general.--Section 642 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
        is repealed.
            (2) Verification of eligibility for federal public 
        benefits.--Section 432 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is 
        repealed.
    (b) Elimination of Authority To Permit State Personnel To Carry Out 
Immigration Officer Functions.--Section 287(g) (8 U.S.C. 1357(g)) is 
repealed.

SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.

    (a) Elimination of H-1B Classification for Fashion Models.--Section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)) is amended--
            (1) by striking ``or as a fashion model''; and
            (2) by striking ``or, in the case of a fashion model, is of 
        distinguished merit and ability''.
    (b) New Classification.--Section 101(a)(15)(O) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--
            (1) in clause (iii), by striking ``clause (i) or (ii)'' and 
        inserting ``clause (i), (ii), or (iii)'' and by redesignating 
        clause (iii) as clause (iv); and
            (2) by inserting after clause (ii) the following new 
        clause:
                    ``(iii) is a fashion model who is of distinguished 
                merit and ability and who is seeking to enter the 
                United States temporarily to perform fashion modeling 
                services that involve events or productions which have 
                a distinguished reputation or that are performed for an 
                organization or establishment that has a distinguished 
                reputation for, or a record of, utilizing prominent 
                modeling talent; or''.
    (c) Effective Date and Implementation.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Regulations, guidelines, and precedents.--The 
        regulations, guidelines, and precedents in effect on the date 
        of the enactment of this Act for the adjudication of petitions 
        for fashion models under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) 
        shall be applied to petitions for fashion model under section 
        101(a)(15)(O)(iii) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(O)(iii)), as added by this section, except 
        that the duration of status approvals shall be based on 
        regulations applicable to other occupations under section 
        101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(O)).
            (3) Construction.--Nothing in this section, or the 
        amendments made by this section, shall be construed as 
        preventing an alien who is a fashion model from obtaining 
        nonimmigrant status under section 101(a)(15)(O)(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if 
        such alien is otherwise qualified for such status.
            (4) Treatment of pending petitions.--Petitions filed on 
        behalf of fashion models under section 101(a)(15)(H)(i)(b) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)) that are pending on the date of the 
        enactment of this Act shall be treated as if they had been 
        filed under section 101(a)(15)(O)(iii) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)), as added by 
        this section.
            (5) Visa validity period.--The validity period for visas 
        issued to beneficiaries of petitions filed under section 
        101(a)(15)(O)(iii) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(O)(iii)) shall be for the full period of 
        approval notwithstanding the reciprocity validity periods that 
        would otherwise be applicable.
                                 <all>