Congressional Record, Volume 152 Issue 34 (Thursday, March 16, 2006)

[Congressional Record Volume 152, Number 34 (Thursday, March 16, 2006)]
[Senate]
[Pages S2316-S2376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. BAUCUS (for himself and Mr. Pryor):
S. 2426. A bill to facilitate the protection of minors using the
Internet from material that is harmful to minors, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. BAUCUS. Mr. President, on March 1, 2006 Evert Meiners of
Billings, MT pled guilty to distributing child pornography over the
Internet. A search of his computer by the FBI turned up more than
12,000 images of child pornography.
Mr. Meiners had the child pornography images on his website, which he
operated from his home in Billings. But authorities across the world
were able to access the pictures. Law enforcement in New York,
Illinois, Maryland, and even Germany, reported that Mr. Meiners
distributed and solicited pornographic images in their jurisdictions.
The Internet has proved to be a powerful tool for both good and evil.
Criminals operating from around the world can now prey on children in
our own backyards. We used to worry what could happen to our kids on
their way home from school. Now parents have to worry about their kids
even in the safety of their own homes.

Since 1995 the FBI has tracked down over 11,000 unique web addresses
that solicit and market child pornography.
The danger posed by these graphic web sites to our children demands
action. That is why I will introduce the ``Cyber Safety for Kids Act''
today. As a general matter the legislation seeks to create a zone for
all sexually explicit material that parents can easily block their
children from visiting.
Specifically, the bill would do the following: First, the Cyber
Safety for Kids Act would require the Internet Corporation for Assigned
Names and Numbers to designate a top level domain name for web sites
with sexually explicit materials harmful to minors. The domain name
would be titled dot XXX, rather than dot Com.
Next, within six months of the launch of the .XXX domain name, all
web sites that contain sexually explicit materials harmful to minors
would be required to adopt the dot XXX domain name.
Finally, if a web site that contains sexually explicit material
harmful to minors fails to use the dot XXX domain name, the web
operator would be subject to civil penalties set by the Department of
Commerce.
I know that some people believe that my legislation goes too far.
Others believe that it does not go far enough. For example, some argue
that all pornography over the Internet should be banned. That would
certainly be effective, but would unquestionably be overturned by the
Supreme Court. On numerous occasions, the Supreme Court has struck down
laws that prohibit the broadcast of pornographic images.
On the other hand, I have heard from some that believe my legislation
is too restrictive. I am a strong defender of the Constitution's
protection of speech. But we cannot bury our heads in the sand and
pretend that the problem of children viewing harmful material over the
Internet will go away.
We must do what we can do to help parents protect their kids. My
legislation aims to follow the successful efforts by States and
localities to zone adult book and movie theaters in one part of a city
or town.

In Renton v. Playtime Theaters the Supreme Court specifically upheld
a city zoning ordinance that prohibited adult motion picture theaters
from locating within 1,000 feet of any residential zone, single- or
multiple-family dwelling, church, park, or school.
Likewise, my legislation creates a zone for all sexually explicit
material that is harmful to minors on the Internet. Parents could
easily install filters on their computer to keep their kids from
visiting the dot XXX neighborhood.
There is no silver bullet that will stop sick adults from trafficking
and

[[Page S2317]]

soliciting child pornography. But my legislation offers an important
first step.
I look forward to working with my colleagues to move this legislation
forward. I am also appreciative of Senator Pryor's leadership on this
issue in the Commerce Committee. I am glad to say that Senator Pryor
has agreed to be the lead co-sponsor of my legislation.
I urge Congress to support my legislation, and have it on the
President's desk as soon as possible. American parents have asked for
our help, it's our duty to act.
______

By Mr. BENNETT:
S. 2427. A bill to amend title II of the Social Security Act to
provide for progressive indexing and longevity indexing of social
security old-age insurance benefits for newly retired and aged
surviving spouses to ensure the future solvency of the social security
program, and for other purposes; to the Committee on Finance.
Mr. BENNETT. Mr. President, I want to thank the managers of the
resolution for providing me with a few minutes to discuss my
introduction today of the Sustainable Solvency for Social Security Act.
In introducing this legislation, I am under no illusion that there will
be a rush to enactment, but do believe this is an appropriate time to
draw attention to this issue and the broader issue of entitlement
spending as we consider the budget resolution for fiscal year 2007.
Yesterday, we had a close vote on an amendment to reinstitute pay-as-
you-go rules for spending increases and tax reductions. I opposed that
amendment because a vote for it was, in essence, a vote for automatic
tax increases on the American taxpayer. A more honest approach would
have been to ask the Senate to adopt an amendment that required 60
votes to pass any legislation that would prevent the expiration of any
tax provision that would, if allowed to expire, result in a tax
increase on individual taxpayers.
I mention this because I do believe that we need fiscal discipline.
We do need to collect higher revenues, but collecting higher revenues
does not mean that you need to impose higher tax rates on capital or
labor. Even if the sponsors of pay-go had prevailed, the real issue
would be--once again--ignored.
The loaded gun held to the heads of American taxpayers is entitlement
benefits that have been promised, but cannot be paid for under any
realistic scenario. Economic growth can help solve or mitigate many
fiscal challenges, but it cannot overcome the twin realities of
demographic destiny or benefit structures that are simply
unsustainable.
Today, four items--Social Security, Medicare, Medicaid and interest--
consume just under 10 percent of our Gross Domestic Product. If we do
nothing we will see expenditures for the three programs increase to
almost 20 percent of GDP. That is simply unsustainable.
Over the past year, I spent a great deal of time talking to members
on both sides of the aisle, as well as the administration, about ways
to begin addressing this looming crisis. 'started with Social Security.
Some asked, ``Why start with the smallest problem?'' The answer was
simple. If we can't come together on a problem that can be fixed by
aligning benefits with program income, how can we ever expect to come
together on more difficult issues like Medicare reform.
In the case of Social Security, we can quibble about exactly when,
but at some point between 2042 and 2052, the program will be unable to
pay benefits called for under current law and benefits will be reduced
automatically to match program income with program outlays.
As I said, I have no illusion that the legislation I am introducing
today will be enacted this year, but I offer it for my colleagues'
examination and suggestions.
This legislation does not include personal accounts of any shape or
form. It focuses exclusively on the goal of making Social Security
solvent. And it does so without any increases in taxes or increases in
the payroll cap.
Presently, the Social Security system faces an actuarial deficit of
1.92 percent of payroll. According to the Chief Actuary at Social
Security, 1.60 percent of this deficit is related to the Old Age and
Survivors Insurance (OASI) program--what we traditionally think of as
Social Security. The remaining 0.32 percent is attributable to the
disability insurance program. As I discussed this issue with many of my
colleagues and with others, it was clear that there was a broad
consensus that the disabled should be held harmless. It was also clear
that there was little or no support for the proposition that retirement
program beneficiaries should subsidize the disability program.
Therefore, this legislation does not touch the present disability
program and leaves open the question of how to address the disability
program deficit. Additionally, there was broad agreement that current
retirees and those nearing retirement, born before 1950, should not
have their benefits affected.

This legislation focuses solely on the 1.60 percent actuarial deficit
in the OASI program. It achieves sustainable solvency for Social
Security's OASI program through two primary policy tools: progressive
price indexing and longevity indexing. Those reforms would slow the
projected real rate of increase in future retirement benefits to a more
sustainable level, while protecting low-wage-earners, the disabled, and
their dependents. It also modestly accelerates the timetable for the
transition under current law to a normal retirement age of 67, and it
ensures sufficient backup general revenue funding to maintain a
contingency reserve in the Old Age, Survivors and Disability Insurance
(OASDI) trust fund.
My proposal for sustainable solvency has been scored by the office of
the actuary at the Social Security Administration. The effects of its
provisions affecting retirement benefits, progressive indexing,
accelerated NRA 67, and longevity indexing, would eliminate entirely
the OASI program actuarial deficit of 1.60 percent of payroll that is
projected under current law.
Progressive indexing would not begin until 2012. First, it is
important to note the beneficiaries, and Social Security programs to
which progressive indexing would NOT apply. It would not apply to any
current or future retiree born before 1950. Its provisions also would
not apply to any worker in the future whose Social Security earnings
history was in the lowest 30 percent of career earnings for workers
becoming eligible to retire in a given year.
Progressive indexing essentially slows the future growth rate of
benefits for higher-earning workers. Their initial retirement benefits
will grow more In line with price growth, rather than the even-higher
rate of increase pegged to wage growth under current law.
Under current law, retirement benefits are calculated under a ``wage
indexing'' formula that will help propel them to levels significantly
higher than the payroll tax revenue available to pay for them. The
formula uses the average rate of growth of wages within the economy,
rather than changes in the cost of living, to adjust, or ``index'', the
past earnings of a worker that are used to determine the worker's
initial benefit level at retirement. Because average wages generally
grow faster than prices over time, the current benefit formula
essentially guarantees that future retirement benefit levels will grow
faster in ``real'' dollar value from generation to generation. Under
this proposal, the individuals in the lowest 30 percent of all wage
earners retiring in a given year would continue to have their past
wages, and resulting benefit levels, indexed according to wage growth,
while those at the top of the wage distribution would have their past
wages indexed for changes in prices. Those falling in between would
have their past wages indexed based upon a ``progressive blend'' of
wage and price changes. In short, future benefit levels for workers who
earned higher wages over their working career would not rise as much as
benefit levels for workers with lower lifetime earnings, but those
workers most dependent on social security for retirement income would
be protected from such changes.
This blended version of progressive price indexing targets the
sustainable levels of revenue that will be available for future Social
Security benefits under current law in a manner that ensures that those
retirees that will be most in need are treated the most generously. It
builds on the underlying progressive structure of the current benefits
formula that replaces lower levels of career earning with a relatively
higher share of retirement benefits. The real purchasing power of
future OASI benefits will continue to

[[Page S2318]]

grow, but not as much, in future decades for higher wage workers.
Longevity indexing recognizes that future retirees will live longer
and, accordingly, receive inflation protected levels of their initial
retirement benefits for longer periods of time than prior retirees.
Absent any adjustment for changes in life expectancy beyond the age of
retirement, longer lifetimes in retirement would mean increasingly
greater dollar amounts of lifetime Social Security retirement benefits
in future decades.
Under present law, the retirement age is scheduled to increase
incrementally to age 67 beginning in 2022, the normal retirement age
gradually increases for workers born in 1960 and later years, by two
months each year starting in 2022 until it reaches age 67 in 2027.
Under this proposal, the move from age 66 to age 67 would begin in
2012. The Normal Retirement Age or NRA would be increased by two months
each year until the NRA reached age 67 in 2017. After that date,
initial monthly benefits for future retirees would be periodically
adjusted by the Social Security Administration to account for changes
in the expected average lifetimes of future retirees.
Because it does not change current-law benefits for disabled
beneficiaries, my bill does not address the remaining actuarial deficit
for the DI program under current law, which amounts to another .32
percent of payroll. Accordingly, it does not close the larger overall
actuarial deficit for the combined OASDI programs. The latter is 1.92
percent of payroll under current law, and would be substantially
reduced to only .28 percent of payroll under my bill.
My plan's provisions that reduce OASDI benefit obligations first
begin to operate in 2012, and they then improve annual unified budget
balances for that year and all subsequent years within the standard 75-
year projection period used by the Social Security Administration.
Several other measures demonstrate the improved solvency for the
overall OASDI programs under my bill. The net cash flow from the OASDI
Trust Funds to the general fund is improved by $3.6 trillion in present
value. The OASDI Trust Fund exhaustion date would be extended from 2041
until 2056.
Until we can find further support for dealing with the remaining
solvency problems in the DI program, we should at least ensure that
sufficient resources are committed to prevent sudden across-the-board
reductions in OASDI benefit levels in later decades. Therefore, my bill
provides budget authority for general fund transfers as needed to
maintain a 100 percent OASDI trust fund ratio in later years. Those
general fund transfers are estimated by the SSA actuaries to amount to
$0.6 trillion, in present value, over the next 75 years. This provision
ensures solvency for the combined OASDI program through that period.
After 2080, additional general revenue transfers are not expected to be
necessary, and annual program cash-flow balances are projected to be
improving and approaching positive annual balances beyond that year.
I also think it is important to point out that this legislation
recognizes that changes in economic conditions have an impact on the
actuarial balance of the program. Greater economic growth can improve
but not alone restore the program's solvency; recessions can
significantly worsen that financial position. Some expressed concern
early in discussions on this legislation that we might be going too
far, that some of the changes might prove unnecessary. For that reason
I have included a provision that will allow for the administrative
``turning off' if you will of the progressive indexing or longevity
indexing if the program comes into actuarial balance prior to those
provisions being fully phased in.
In conclusion, this legislation would substantially reduce the
mountain of unfunded debt projected for the Social Security program in
the decades ahead. It does so in a manner that gradually and sensibly
reduces the formula-driven increases in real retirement benefits under
current law for future retirees, while protecting low-wage workers and
the disabled. We could do more, but this bill would do a lot. At other
times, I have proposed separate provisions to enhance overall
retirement security, such as through the option of personal accounts
funded partly from current payroll taxes and partly from additional
personal saving. I have also proposed reforms in pension policy to
encourage automatic enrollment in employer plans, provide better access
to standard investment options, and stimulate increased saving by
workers. But I have left those issues for another debate and focused on
the solvency of the retirement program.
I offer this legislation as a starting point. I remain, as I have
been over the past year, open to suggestions or modifications that can
lead to bipartisan reform that will insure the permanent solvency of
the Social Security system. We cannot afford to ignore this issue any
longer. Burying our heads in the sand will only magnify the folly of
inaction.
I ask unanimous consent that a section-by-section analysis of the
bill be printed in the Record.
There being no objection, the analysis was ordered to be printed in
the Record, as follows:

Section by Section Analysis

SECTION 1: SHORT TITLE

``Sustainable Solvency First for Social Security''

SECTION 2: PROGRESSIVE INDEXING

For an individual who becomes eligible for Social Security
retirement benefits in 2012 or later, the bill would use
``progressive indexing''--a mix of wage and price indexing--
to determine his or her initial benefit. Those individuals
whose lifetime covered earnings are in the lowest 30th
percentile of all wage earners retiring in a particular year
will not be affected in any way by these changes. Similarly,
those individuals currently receiving Social Security
benefits or near retirement (age 55 or older) will be held
harmless. .
Current Law: Current Social Security benefits are
calculated under a ``wage indexing'' formula. Benefits for
retired or disabled workers retiring in 2006 and later years
will be based on the average level of their indexed wage
earnings over their working lifetime that were subject to
OASDI payroll taxes up to the annual taxable maximum ($94,200
in 2006).
Several adjustments must be made to those past earnings
before a retired worker's initial benefits can be calculated.
Upon reaching age 62 or becoming disabled, the actual amount
of a worker's previous ``covered'' earnings must first be
converted into average indexed monthly earnings, or AIME.
Earnings for any year before the worker reaches age 60 are
wage-indexed to reflect changes in average wage levels
(rather than average price levels) in the economy that
occurred between the year when the earnings were realized and
the year when the worker reaches age 60. Wage indexing means
that workers do not lose the value of their past earnings
(when money was worth more) in relation to their more recent
earnings. It may add an additional productivity ``bonus'' by
indexing past wages to reflect subsequent ``real'' growth in
average wages that exceeds the effects of price inflation
alone. Earnings after age 60 are not wage indexed. A retired
worker's AIME is then based on the highest 35 years of all
covered earnings, divided by 420 (the number of months in 35
years). For disabled workers and the survivors of deceased
workers, the AIME can be based on a shorter period (excluding
periods when the worker was disabled or deceased).
A progressive formula is then applied to a worker's AIME to
calculate his or her primary insurance amount (PIA). The PIA
is the monthly amount determined either for a worker who
begins receiving Social Security retirement benefits at the
age at which he or she is eligible for full benefits or for a
disabled worker. The formula is designed to ensure that
initial Social Security benefits replace a larger proportion
of pre-retirement earnings for people with low average
earnings than for those with higher earnings. Under the
formula, the worker's PIA is determined by applying three
separate percentages (90 percent, 32 percent, and 15
percent), known as PIA factors, to three different portions
of the worker's AIME. The dollar thresholds at which the
applicable PIA factor changes (in other words, where the
fraction of additional dollars of a particular portion of
AIME that becomes part of a worker's PIA changes) are known
as ``bend points.'' The Social Security Administration
indexes the bend points annually to match the rate of growth
of average wages, while the PIA factors never change. This
keeps the portion of workers' pre-retirement earnings (AlMEs)
that is replaced by each of the respective PIA factors
roughly constant for each new retiring cohort.
The PIA formula applicable to any worker, regardless of the
age at which he or she actually retires, is the formula in
place in the year the worker reached age 62 or became
disabled. For example, the PIA formula for workers who first
became eligible for retirement benefits in 2005 was the sum
of: 90 percent of the first $627 of the worker's AIME, 32
percent of the worker's AIME falling between $627 and $3,779,
and 15 percent of the worker's AIME above $3,779.
The amounts $627 and $3,779 were the bend points of the
2005 PIA formula.
The initial basic retirement benefit of a worker retiring
at the ``normal retirement

[[Page S2319]]

age,'' or NRA, is based on 100 percent of the PIA. However,
if a worker retires at an age earlier than the NRA, he or she
faces an ``early retirement penalty'' which reduces the
amount of his benefit. Before the year 2000, the NRA was age
65 and the early retirement penalty, or reduction factor, was
6-2/3 percent of the benefit for each year of early
retirement. That is, a worker retiring three years early, at
age 62 (the earliest age at which retirement benefits may be
claimed), would receive a benefit equal to only 80 percent of
the PIA. Beginning in 2000, the ``normal'' retirement age
began to rise from age 65 to age 66, at the rate of 2 months
per year for those reaching age 62 between the years 2000 and
2005. The NRA will continue to rise to age 67, at the same
rate of 2 months per year, for those reaching age 62 between
2017 and 2022. A worker will still be able to collect
benefits beginning at age 62, but the two additional years of
early retirement (as fully phased in by 2022) will reduce
benefits by an additional 5 percent per year adjustment
factor. The age 62 benefit in 2022 and thereafter will fall
to 70 percent of the PIA.
Once a worker's basic benefit (PIA adjusted for applicable
early retirement penalty) is determined, it is augmented by
annual cost of living adjustment (COLA) to offset inflation,
if any, from the year the worker reached age 62 until the
year of filing for benefits. After a retired worker has
received his or her first benefit check, the amount is
similarly adjusted upward every January 1 to reflect annual
changes in the cost of living, as measured by the consumer
price index (CPI). This price indexing of initial retirement
benefits, after a retiree has begun to receive them, is a
separate procedure from wage indexing a worker's earnings
history or the bend points of the benefit formula used to set
initial payments to new retirees over time.
In addition to the COLA, a recipient's benefit may increase
if the individual continues to work after first becoming
eligible to draw benefits. If subsequent earnings in a later
year exceed any of the indexed yearly earnings initially used
to determine the worker's initial benefit at age 62, Social
Security will automatically substitute the new earnings for
the lowest ones in the worker's earnings history, recalculate
the worker's PIA, and increase the worker's future benefits.
The current structure of the formula presents an inherent
problem. Because average wages generally grow faster than
prices over time, the current benefit formula essentially
guarantees that future retirement benefit levels will grow
faster in ``real'' dollar value from generation to
generation. Hence, the actual purchasing power of the Social
Security benefit of a person retiring in 2005, for example,
is greater than for a person who retired in 1995.
Bennett Bill: The current benefit formula would remain
essentially the same, except that, for new cohorts of
retirees beginning in 2012, the upper-two PIA factors (32
percent and 15 percent) used to calculate their PIAs would be
adjusted lower annually by the Social Security Administration
in order to slow the future growth of initial retirement
benefits. Those benefit levels would increasingly reflect the
levels of price growth, rather than average wage growth, that
occurred during the course of most workers' careers. For
those individuals whose AIMEs were above the 30th percentile
of workers retiring in a given year, their initial retirement
benefit would be indexed based upon a ``progressive blend''
of wage and price changes. The slowest rate of growth in
future retirement benefits would be for workers with steady
maximum taxable earnings. Future benefit levels for workers
who earned higher wages over their working careers would rise
at a lower rate than benefit levels for workers with lower
lifetime earnings.
Moreover, those workers most dependent on Social Security
for retirement income would be fully protected from the
changes. Individuals whose career-average indexed monthly
earnings were in the lowest 30 percent of all career-average
wage earners retiring in a particular year would continue to
have their initial benefits calculated using the current law
formula and they would, therefore, be held harmless entirely
from the PIA factor adjustments. Those workers who were age
55 or older on January 1,2005 also would not be affected by
this change in the benefit formula. Current law benefits for
young survivors, as well as disability benefits, would remain
unchanged.
The progressive indexing provisions of the bill would
operate first by establishing a new second bend point in the
benefit formula. It would be set above the current-law first
bend point (below which the first 90-percent PIA factor would
continue to apply. The current-law 32-percent PIA factor
would continue to operate up to this new second bend point.
The new bend point would be determined to be at about the
30th percentile of AIME for those newly eligible for social
security retirement benefits in 2012. (The calculation relies
on the latest available statistics for AIME of workers first
becoming eligible for retired worker benefits in 2001 through
2003 and updates them to 2012 using the intermediate
assumptions of the 2005 Trustees Report). The future levels
at which this new bend point would apply beyond 2012 would be
wage indexed, as is done for the other two bend points in
current law.
For workers eligible to retire in 2012 and beyond with
portions of AIME above the level of this second new bend
point, further progressive indexing adjustments would be made
to the other two remaining marginal PIA factors (32 percent
and 15 percent, respectively) under current law. The
objective is to gradually reduce those two PIA factors by the
same proportional amount over time, in a manner that would
reflect the relative difference between using price indexing
and using the current law practice of wage indexing to
determine the benefits for a career-maximum earner (a worker
always earning annual wages at or above the maximum amount
subject to OASDI payroll taxes). The percentage by which
those upper-two PIA factors are reduced in a given year,
however, must be somewhat greater than that ratio alone,
because it must be applied to a smaller base of career
earnings. (Initial retirement benefits derived from the
portion of any worker's AIME below the 30th percentile are
held harmless from the progressive indexing adjustments).
Hence, the new benefits formula adjusts those 15-percent and
32-percent PIA factors by multiplying them by (1) the
difference of the maximum CPI-indexed benefit amount for a
given year after 2011 over the benefit amount determined for
an individual whose AIME is equal to the hold-harmless 30th
percentile level at the second new bend point divided by (2)
the difference of the maximum wage-indexed benefit amount for
the same year over the benefit amount determined for an
individual with AIME at the 30th percentile level.
Over time, as the original 15 percent and 32 percent PIA
factors are reduced incrementally in line with the difference
between price growth and average wage growth, higher earning
workers will have relatively smaller shares of their total
AIME converted into retirement benefits. Growth in future
retirement benefits for relatively lower earning workers,
with a greater share of total AIME affected by the unchanged
lower-two PIA factors, will be slowed at a lesser ``blended''
rate.
The progressive indexing reduction of the upper-two PIA
factors would not continue indefinitely if the financial
status and outlook of the Social Security system improved and
returned to sustainable solvency. Whenever the Chief Actuary
of the Social Security Administration certifies that, for a
calendar year after 2080, the combined balance of the Old-Age
and Survivors Trust Fund and the Disability Insurance Trust
Fund is positive and not less than 100 percent for that
calendar year, and it is projected to remain stable and grow
in the future, further adjustments to the PIA factors would
be frozen and the upper-two PIA factors would remain at their
level of the preceding year. Additional adjustments would
resume in any later calendar year during which the combined
balance dropped below 100 percent. This stabilizing provision
may cause the incremental effects of progressive indexing to
be added only intermittently in calendar years after 2080.

SECTION 3: LONGEVITY INDEXING

Initial Social Security benefits would be adjusted to more
accurately account for increases in worker life expectancy.
Current Law: A worker's initial retirement benefit is price
indexed annually to adjust for increases in the cost-of-
living, as measured by the CPI-W. No further adjustments in
benefits are made for changes in average life expectancy for
any given cohort of retirees.
Bennett Bill: In 2018 and later years, initial benefits for
future retirees would be adjusted annually by the Social
Security Administration to account for changes in the
expected average life expectancy, at age 67 (the age of
normal retirement for future retirees). This would be done by
multiplying the PIA factors by a life expectancy ratio
calculated by the Chief Actuary, using final and complete
actual data that is available for a given calendar year. It
would represent the ratio of the period life expectancy based
on computed death rates for 2013 of an individual at age 67
to the period life expectancy of an individual at that age
based on the computed death rates for the fourth calendar
year preceding the calendar year for which the life
expectancy ratio is determined.
Those persons who are currently age 55 and older or who are
young survivors would not have their benefits impacted by
this adjustment.
The bill would also require the Social Security
Commissioner to conduct a study on the feasibility of
determining life expectancies for disabled beneficiaries. A
report on the study would be due no later than one year after
the date of enactment of the bill.

SECTION 4: TREATMENT OF DISABLED BENEFICIARIES

With regard to the disabled, the bill would not affect
those receiving Social Security disability benefits while
they are disabled.
Current Law: Upon reaching normal retirement age, the
social security benefits for disabled beneficiaries are no
longer paid by the Disability Insurance Trust Fund, and
disabled beneficiaries become eligible for retiree benefits
financed by the Old-Age and Survivors Trust Fund. Disability
benefits are computed similarly to retirement benefits, but
they are calculated as if the worker attained the full
retirement age in the year he or she became disabled.
Bennett Bill: At the time of conversion by disabled
beneficiaries to retired worker status, their retirement
benefits would be calculated using a blend of two formulas.
The current law benefit formula would continue to apply
proportionately for the relative period of time during their
potential working lifetime (between age 22 and age 62) when

[[Page S2320]]

they were disabled. Future changes in current law benefits
due to progressive indexing and longevity indexing would
apply proportionately to the relative period of time when
they were able to engage in covered employment.

SECTION 5: ACCELERATION OF PRESENT-LAW NORMAL RETIREMENT AGE CHANGES

The age of normal retirement, for full Initial Social
Security benefits, would be adjusted to more accurately
account for increases in worker life expectancy.
Current Law: The age at which a worker becomes eligible for
full Social Security retirement benefits--the normal
retirement age, or NRA, is currently scheduled to increase
incrementally from age 66 to age 67 for those workers first
reaching age 62 in 2017 or later. The NRA depends on the
worker's year of birth and, correspondingly, when he or she
becomes age 62 and first eligible for retirement benefits.
For people born before 1938, the NRA is 65. For workers born
between 1938 and 1943, the NRA already began to increase by
two months per birth year. Hence, the NRA now is 66 for
people born in 1943 or later. It will remain at that level
until 2017, when it again begins to increase at the rate of
two months per birth year, beginning with people born in
1955. By 2022, the NRA will be 67 for workers born in 1960 or
later.
Retirement benefits are still available at age 62, but with
greater reduction as the NRA increases to age 67. For
example, a worker retiring at age 62 in 2022 will have their
initial benefits reduced by 30 percent. A worker who retired
at age 62 in 2005 would have received benefits reduced by
only 20 percent.
Bennett Bill: The current-law increase in the NRA from age
66 to age 67 would begin 5 years sooner, starting in the year
2012 (for those born in 1950) rather than in the year 2017.
Hence, the NRA would be increased by two months each year
thereafter until it reached age 67 in 2017, for those born in
1955 and later.

SECTION 6: MAINTENANCE OF ADEQUATE BALANCES IN THE SOCIAL SECURITY
TRUST FUNDS

The bill would ensure that benefits are not cut
automatically in future years due to the combined OASDI Trust
Fund becoming insolvent (trust fund assets insufficient to
cover the entire costs of the programs).
Current Law: According to the latest projections by the
Chief Actuary, the Old-Age and Survivor Trust Fund will be
insolvent in the year 2041. Under current law, if assets are
insufficient to pay for benefits in a particular year, the
benefits of all beneficiaries are reduced proportionately to
make up for the shortfall. Hence, the Chief Actuary currently
projects that in 2042, benefits will be reduced by roughly 30
percent.
Bennett Bill: This bill would ensure that for years in
which there would not otherwise be sufficient assets in the
trust fund to pay out scheduled benefits, the gap would be
filled by the appropriation of funds from general revenues.
This failsafe general revenue transfer provision would ensure
that a sufficient financial cushion remains to provide
payment of all benefits promised under the bill. However, it
primarily operates as a fiscal placeholder that indicates the
annual amount of increased revenue, or reduced expenditures,
required to maintain an annual combined trust fund balance
ratio of no less than 100 percent. It remains neutral as to
which fiscal method, or combination of methods, is used to
achieve this objective.
______

By Mr. FEINGOLD:
S. 2428. A bill to amend the Public Health Service Act to reauthorize
the Automated Defibrillation in Adam's Memory Act; to the Committee on
Health, Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, today I am introducing the
reauthorization of the Automated Defibrillators in Adam's Memory Act,
or the ADAM Act. This bill is modeled after the successful Project ADAM
that originally began in Wisconsin, and will reauthorize a program to
establish a national clearing house to provide schools with the ``how-
to'' and technical advice to set up a public access defibrillation
program.
Every 2 minutes, someone in America falls into sudden cardiac arrest.
By improving access to AEDs, we can improve the survival rates of
cardiac arrest in our communities.
In my home State of Wisconsin, as in many other States, heart disease
is the number one killer. Ninety-five sudden deaths from cardiac arrest
occur each day in Wisconsin alone. Overall, heart disease kills more
Americans than AIDS, cancer and diabetes combined.
Cardiac arrest can strike anyone. Cardiac victims are in a race
against time, and unfortunately, for too many of those in rural areas,
Emergency Medical Services are unable to reach people in need, and time
runs out for victims of cardiac arrest. It's simply not possible to
have EMS units next to every farm and small town across the Nation.
Fortunately, recent technological advances have made the newest
generation of AEDs inexpensive and simple to operate. Because of these
advancements in AED technology, it is now practical to train and equip
police officers, teachers, and members of other community
organizations.
An estimated 163,221 Americans experience out-of-hospital sudden
cardiac arrests each year. Immediate CPR and early defibrillation using
an automated external defibrillator, AED, can more than double a
victim's chance of survival. By taking some relatively simple steps, we
can give victims of cardiac arrest a better chance of survival.
Over the past 6 years, I have worked with Senator Susan Collins, a
Republican from Maine, on a number of initiatives to empower
communities to improve cardiac arrest survival rates. We have pushed
Congress to support rural first responders--local police and fire and
rescue services--in their efforts to provide early defibrillation.
Congress heard our call, and responded by enacting two of our bills,
the Rural Access to Emergency Devices Act and the ADAM Act.
The Rural Access to Emergency Devices program allows community
partnerships across the country to receive a grant enabling them to
purchase defibrillators, and receive the training needed to use these
devices. This program is entering its second year of helping rural
communities purchase defibrillators and train first responders, and I'm
pleased to say that grants have already put defibrillators in rural
communities in 49 States, helping those communities be better prepared
when cardiac arrest strikes.
Approximately 95 percent of sudden cardiac arrest victims die before
reaching the hospital. Every minute that passes before a cardiac arrest
victim is defibrillated, the chance of survival falls by as much as 10
percent. After only 8 minutes, the victim's survival rate drops by 60
percent. This is why early intervention is essential--a combination of
CPR and use of AEDs can save lives.
If we give people in rural communities a chance, they may be able to
reverse a cardiac arrest before it takes another life. Unfortunately,
the President zeroed out the funding for the Rural AED program in
fiscal year 2007 after the program was cut by 83 percent last year. I
am very disappointed that this program has been eliminated in the
President's budget, and I will do everything in my power to restore
funding to this program.
Heart disease is not only a problem among adults. A few years ago I
learned the story of Adam Lemel, a 17-year-old high school student and
a star basketball and tennis player in Wisconsin. Tragically, during a
timeout while playing basketball at a neighboring Milwaukee high
school, Adam suffered sudden cardiac arrest, and died before the
paramedics arrived.
This story is incredibly tragic. Adam had his whole life ahead of
him, and could quite possibly have been saved with appropriate early
intervention. In fact, we have seen a number of examples in Wisconsin
where early CPR and access to defibrillation have saved lives.
Seventy miles away from Milwaukee, a 14-year-old boy collapsed while
playing basketball. Within 3 minutes, the emergency team arrived and
began CPR. Within 5 minutes of his collapse, the paramedics used an AED
to jump start his heart. Not only has this young man survived, doctors
have identified his father and brother as having the same heart
condition and have begun preventative treatments.
These stories help to underscore some important issues. First,
although cardiac arrest is most common among adults, it can occur at
any age--even in apparently healthy children and adolescents. Second,
early intervention is essential--a combination of CPR and the use of
AEDs can save lives. Third, some individuals who are at risk for sudden
cardiac arrest can be identified to prevent cardiac arrest.
After Adam Lemel suffered his cardiac arrest, his friend David Ellis
joined forces with Children's Hospital of Wisconsin to initiate Project
ADAM to bring CPR training and public access defibrillation into
schools, educate communities about preventing sudden cardiac deaths and
save lives.
Today, Project ADAM has introduced AEDs into several Wisconsin
schools, and has been a model for programs in

[[Page S2321]]

Washington, Florida, Michigan and elsewhere. Project ADAM provides a
model for the Nation, and now, with the enactment of this new law, more
schools will have access to the information they seek to launch similar
programs.
The ADAM Act was passed into law in 2003, but has yet to be funded.
Should funding be enacted, the program will help to put life-saving
defibrillators in the hands of people in schools around the country. I
have been very proud to play a part in having this bill signed into
law, and it is my hope that the reauthorization of the Act will quickly
pass through the Congress and into law, and that funding will follow.
It would not take much money to fund this program and save lives across
the country.
The ADAM Act is one way we can honor the life of children like Adam
Lemel, and give tomorrow's pediatric cardiac arrest victims a fighting
chance at life.
This act exists because a family experienced the tragic loss of their
son, but they were determined to spare other families that same loss. I
thank Adam's parents, Joe and Patty, for their courageous efforts and I
thank them for everything they have done to help the ADAM Act become
law. Their actions take incredible bravery, and I commend them for
their efforts.
By making sure that AEDs are available in our Nation's rural areas,
schools and throughout our communities we can help those in a race
against time have a fighting chance of survival when they fall victim
to cardiac arrest. I urge Congress to pass this reauthorization, and to
fund the ADAM Act and the Rural AED program at their full levels. We
have the power to prevent death--all we must do is act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2428

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Automated Defibrillation in
Adam's Memory Reauthorization Act''.

SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

Section 312(e) of the Public Health Service Act (42 U.S.C.
244(e)) is amended in the first sentence by striking ``fiscal
year 2003'' and all the follows through ``2006'' and
inserting ``for each of fiscal years 2003 through 2010''.
______

By Mr. LUGAR (for himself, Mr. Allen, Mr. Stevens, Mr. Cornyn,
Mr. Crapo, and Mrs. Hutchison) (by request):
S. 2429. A bill to authorize the President to waive the application
of certain requirements under the Atomic Energy Act of 1954 with
respect to India; to the Committee on Foreign Relations.
Mr. LUGAR. Mr. President, I rise today to introduce, at the request
of the administration, its proposed legislation to implement the
recently concluded U.S.-India Civilian Nuclear Agreement.
By providing this draft legislation to the Senate and the House of
Representatives, the administration has taken the first step in
initiating the congressional review of the U.S.-Indian Civilian Nuclear
Agreement. The Committee on Foreign Relations has held one hearing on
the issue thus far. Under Secretaries of State Nick Burns and Bob
Joseph, as well as outside experts testified on the matter. Last week I
joined with a number of House and Senate colleagues in discussing the
agreement with President Bush at the White House. In recent weeks I
have met repeatedly with administration officials on this matter and
look forward to commencing the Committee on Foreign Relations' review
of the agreement.
The Committee on Foreign Relations will review the proposed nuclear
cooperation agreement, the Indian separation plan, and this legislation
closely. The committee will commence the review with a classified
briefing from Under Secretaries Nick Burns and Bob Joseph the last week
of March. During the first week of April Secretary Rice will testify in
an open hearing. The week we return from the Easter congressional
recess the committee will receive testimony from panels of outside
experts who both support and oppose the agreement. This schedule should
be looked on as the beginning of the oversight and review process; it
is possible additional committee hearings and briefings will be
necessary.
I look forward to working with my colleagues and the administration
to review this agreement to fulfill our Constitutional role on this
important matter.
______

By Mr. DeWINE (for himself and Mr. Levin):
S. 2430. A bill to amend the Great Lakes Fish and Wildlife
Restoration Act of 1990 to provide for implementation of
recommendations of the United States Fish and Wildlife Service
contained in the Great Lakes Fishery Resources Restoration Study; to
the Committee on Environment and Public Works.
Mr. DeWINE. Mr. President, today, I join my colleague from Michigan,
Senator Levin, in introducing the Great Lakes Fish and Wildlife
Restoration Act of 2006.
This measure was first enacted in 1990 and reauthorized in 1998 to
coordinate the management, protection, and restoration of fish and
wildlife resources within the Great Lakes Basin. Many groups support
this program because it is a good management tool and facilitates
better communication between their agencies.
The Great Lakes harbor a wide variety of fish and wildlife. Over 140
fish species and over 500 species of migratory bird can be found in the
basin. As in many coastal areas, there is a heavy concentration of
people and industry bordering the Great Lakes. Further, the Great Lakes
are threatened by the continuing introduction of invasive species,
which negatively impact the native food chain and habitat.
The fish and wildlife in the Great Lakes are facing grave dangers,
and the Great Lakes Fish & Wildlife Restoration Act of 2006 would
provide needed resources and authority to alleviate some of these
concerns. For instance, the bill would reauthorize the grant program,
increasing the available amount to $12 million and would add wildlife
projects to the types of projects that may receive grants. The U.S.
Fish & Wildlife Service would award grants based on the recommendations
from the existing grant proposal review committee, with the addition of
wildlife experts.
The bill also would authorize up to $6 million each year for the U.S.
Fish & Wildlife Service to undertake projects that have a regional
benefit to fish and wildlife. Under this new authority, the Service
would undertake projects based on the recommendations of states and
tribes.
Additionally, the bill would require the Fish & Wildlife Service to
submit a report to Congress in 2011 that describes the fish and
wildlife grants that have been awarded and the results of those grants.
The Service would report annually to the states and tribes regarding
the grants that have been awarded, priorities proposed for funding in
the budget, and actions taken in support of Great Lakes regional
collaboration.
This bill reflects the collaboration of non-governmental groups, as
well as tribal, State, and Federal agencies with jurisdiction over the
management of fish and wildlife resources of the Great Lakes. All of
those groups have the goal of protecting and restoring Great Lakes fish
and wildlife, and this bill will continue in the right direction.
I urge my colleagues to support this legislation. I ask unanimous
consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2430

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Great Lakes Fish and
Wildlife Restoration Act of 2006''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Great Lakes have fish and wildlife communities that
are structurally and functionally changing;
(2) successful fish and wildlife management focuses on the
lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
(3) it is in the national interest to undertake activities
in the Great Lakes Basin that

[[Page S2322]]

support sustainable fish and wildlife resources of common
concern provided under the recommendations of the Great Lakes
Regional Collaboration authorized under Executive Order 13340
(69 Fed. Reg. 29043; relating to the Great Lakes Interagency
Task Force);
(4) additional actions and better coordination are needed
to protect and effectively manage the fish and wildlife
resources, and the habitats upon which the resources depend,
in the Great Lakes Basin;
(5) as of the date of enactment of this Act, actions are
not funded that are considered essential to meet the goals
and objectives in managing the fish and wildlife resources,
and the habitats upon which the resources depend, in the
Great Lakes Basin; and
(6) the Great Lakes Fish and Wildlife Restoration Act (16
U.S.C. 941 et seq.) allows Federal agencies, States, and
tribes to work in an effective partnership by providing the
funding for restoration work.

SEC. 3. DEFINITIONS.

Section 1004 of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941b) is amended--
(1) by striking paragraphs (1), (4), and (12);
(2) by redesignating paragraphs (2), (3), (5), (6), (7),
(8), (9), (10), (11), (13), and (14) as paragraphs (1), (2),
(3), (4), (5), (6), (7), (9), (10), (11), and (12),
respectively;
(3) in paragraph (4) (as redesignated by paragraph (2)), by
inserting before the semicolon at the end the following: ``,
and that has Great Lakes fish and wildlife management
authority in the Great Lakes Basin''; and
(4) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `regional project' means authorized
activities of the United States Fish and Wildlife Service
related to fish and wildlife resource protection,
restoration, maintenance, and enhancement that benefit the
Great Lakes basin;''.

SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF
PROPOSALS.

Section 1005 of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941c) is amended to read
as follows:

``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF
PROPOSALS AND REGIONAL PROJECTS.

``(a) In General.--Subject to subsection (b)(2), the
Director--
``(1) shall encourage the development and, subject to the
availability of appropriations, the implementation of fish
and wildlife restoration proposals and regional projects; and
``(2) in cooperation with the State Directors and Indian
Tribes, shall identify, develop, and, subject to the
availability of appropriations, implement regional projects
in the Great Lakes Basin to be administered by Director in
accordance with this section.
``(b) Identification of Proposals and Regional Projects.--
``(1) Request by the director.--The Director shall annually
request that State Directors and Indian Tribes, in
cooperation or partnership with other interested entities and
in accordance with subsection (a), submit proposals or
regional projects for the restoration of fish and wildlife
resources.
``(2) Requirements for proposals and regional projects.--A
proposal or regional project under paragraph (1) shall be--
``(A) submitted in the manner and form prescribed by the
Director; and
``(B) consistent with--
``(i) the goals of the Great Lakes Water Quality Agreement,
as amended;
``(ii) the 1954 Great Lakes Fisheries Convention;
``(iii) the 1980 Joint Strategic Plan for Management of
Great Lakes Fisheries, as revised in 1997, and Fish Community
Objectives for each Great Lake and connecting water as
established under the Joint Strategic Plan;
``(iv) the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.);
``(v) the North American Waterfowl Management Plan and
joint ventures established under the plan; and
``(vi) the strategies outlined through the Great Lakes
Regional Collaboration authorized under Executive Order 13340
(69 Fed. Reg. 29043; relating to the Great Lakes Interagency
Task Force).
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility to
formulate and implement a comprehensive program to eradicate
or minimize sea lamprey populations in the Great Lakes Basin.
``(c) Review of Proposals.--
``(1) Establishment of committee.--There is established the
Great Lakes Fish and Wildlife Restoration Proposal Review
Committee, which shall operate under the guidance of the
United States Fish and Wildlife Service.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of 2
representatives of each of the State Directors and Indian
Tribes, of whom--
``(i) 1 representative shall be the individual appointed by
the State Director or Indian Tribe to the Council of Lake
Committees of the Great Lakes Fishery Commission; and
``(ii) 1 representative shall have expertise in wildlife
management.
``(B) Appointments.--Each representative shall serve at the
pleasure of the appointing State Director or Tribal Chair.
``(C) Observer.--The Great Lakes Coordinator of the United
States Fish and Wildlife Service shall participate as an
observer of the Committee.
``(D) Recusal.--A member of the Committee shall recuse
himself or herself from consideration of proposals that the
member, or the entity that the member represents, has
submitted.
``(3) Functions.--The Committee shall--
``(A) meet at least annually;
``(B) review proposals and special projects developed in
accordance with subsection (b) to assess the effectiveness
and appropriateness of the proposals and special projects in
fulfilling the purposes of this title; and
``(C) recommend to the Director any of those proposals and
special projects that should be funded and implemented under
this section.
``(d) Implementation of Proposals and Regional Projects.--
``(1) In general.--After considering recommendations of the
Committee and the goals specified in section 1006, the
Director shall--
``(A) select proposals and regional projects to be
implemented; and
``(B) subject to the availability of appropriations and
subsection (e), fund implementation of the proposals and
regional projects.
``(2) Selection criteria.--In selecting and funding
proposals and regional projects, the Director shall take into
account the effectiveness and appropriateness of the
proposals and regional projects in fulfilling the purposes of
other laws applicable to restoration of the fish and wildlife
resources and habitat of the Great Lakes Basin.
``(e) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal selected under subsection (d) (excluding the cost of
establishing sea lamprey barriers) shall be paid in cash or
in-kind contributions by non-Federal sources.
``(2) Regional projects.--Regional projects selected under
subsection (d) shall be exempt from cost sharing if the
Director determines that the authorization for the project
does not require a non-Federal cost-share.
``(3) Exclusion of federal funds from non-federal share.--
The Director may not consider the expenditure, directly or
indirectly, of Federal funds received by any entity to be a
contribution by a non-Federal source for purposes of this
subsection.
``(4) Effect on certain indian tribes.--Nothing in this
subsection affects an Indian tribe affected by an alternative
applicable cost sharing requirement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).''.

SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE
PROGRAMS RELATED TO GREAT LAKES FISH AND
WILDLIFE RESOURCES.

Section 1006 of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941d) is amended by
striking paragraph (1) and inserting the following:
``(1) Restoring and maintaining self-sustaining fish and
wildlife resources.''.

SEC. 6. ESTABLISHMENT OF OFFICES.

Section 1007 of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941e) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Great Lakes Coordination Office.--
``(1) In general.--The Director shall establish a centrally
located facility for the coordination of all United States
Fish and Wildlife Service activities in the Great Lakes
Basin, to be known as the `Great Lakes Coordination Office'.
``(2) Functional responsibilities.--The functional
responsibilities of the Great Lakes Coordination Office shall
include--
``(A) intra- and interagency coordination;
``(B) information distribution; and
``(C) public outreach.
``(3) Requirements.--The Great Lakes Coordination Office
shall--
``(A) ensure that information acquired under this Act is
made available to the public; and
``(B) report to the Director of Region 3, Great Lakes Big
Rivers.'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``The Director'' and
inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``The office'' and
inserting the following:
``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Lower
Great Lakes Fishery Resources Office shall include
operational activities of the United States Fish and Wildlife
Service related to fishery resource protection, restoration,
maintenance, and enhancement in the Lower Great Lakes.''; and
(3) in subsection (c)--
(A) in the first sentence, by striking ``The Director'' and
inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``The office'' and
inserting the following:
``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Upper
Great Lakes Fishery Resources Offices shall include
operational activities of the United States Fish and Wildlife
Service related to fishery resource protection, restoration,
maintenance, and enhancement in the Upper Great Lakes.''.

SEC. 7. REPORTS.

Section 1008 of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941f) is amended to read
as follows:

[[Page S2323]]

``SEC. 1008. REPORTS.

``(a) In General.--Not later than December 31, 2011, the
Director shall submit to the Committee on Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section
1005; and
``(3) progress toward the accomplishment of the goals
specified in section 1006.
``(b) Annual Reports.--Not later than December 31 of each
of fiscal years 2007 through 2012, the Director shall submit
to the 8 Great Lakes States and Indian Tribes a report that
describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section
1005;
``(3) progress toward the accomplishment of the goals
specified in section 1006;
``(4) the priorities proposed for funding in the annual
budget process under this title; and
``(5) actions taken in support of the recommendations of
the Great Lakes Regional Collaboration authorized under
Executive Order 13340 (69 Fed. Reg. 29043; relating to the
Great Lakes Interagency Task Force).
``(c) Study.--
``(1) In general.--Not later than December 16, 2009, the
Director, in consultation with State fish and wildlife
resource management agencies, Indian Tribes, and the Great
Lakes Fishery Commission, shall--
``(A) conduct a comprehensive study of the status, and the
assessment, management, and restoration needs, of the fish
and wildlife resources of the Great Lakes Basin, including a
comprehensive review of the accomplishments that have been
achieved under this title through fiscal year 2008; and
``(B) submit to the President of the Senate and the Speaker
of the House of Representatives--
``(i) the study described in subparagraph (A); and
``(ii) a comprehensive report on the findings of the study.
``(d) Report.--Not later than June 30, 2006, the Director
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Resources of the House of
Representatives the 2002 report required under this section
as in effect on the day before the date of enactment of the
Great Lakes Fish and Wildlife Restoration Act of 2006.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

Section 1009 of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941g) is amended to read
as follows:

``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Director
for each of fiscal years 2007 through 2012--
``(1) $12,000,000, of which--
``(A) $11,400,000 shall be allocated to implement fish and
wildlife restoration proposals as selected by the Director
under section 1005(e); and
``(B) the lesser of 5 percent or $600,000 shall be
allocated to the United States Fish and Wildlife Service to
cover costs incurred in administering the proposals by any
entity;
``(2) $6,000,000, which shall be allocated to implement
regional projects by the United States Fish and Wildlife
Service, as selected by the Director under section 1005(e);
and
``(3) $2,000,000, which shall be allocated for the
activities of the Great Lake Coordination Office in East
Lansing, Michigan, of the Upper Great Lakes Fishery Resources
Office, and the Lower Great Lakes Fishery Resources Office
under section 1007.''.
______

By Mr. BAUCUS:
S. 2431. A bill to amend the Internal Revenue Code of 1986 to
encourage all Americans to save for retirement by increasing their
access to pension plans and other retirement savings vehicles, and for
other purposes; to the Committee on Finance,
Mr. BAUCUS. Mr. President, today I am introducing legislation to make
America more competitive by increasing savings. The bill encourages
savings at work, and requires that the Government consider the Nation's
savings in the budget process.
That great American philosopher Yogi Berra once said: ``If you see a
fork in the road, take it.''
Well, we are at that fork in the road. Private savings are at an all
time low. And the government just spoons out more and more red ink. If
America does not change its ways, we will find ourselves on the wrong
fork.
For the past 10 months, I have been talking about competitiveness. I
have been talking about the steps that we must take to keep this
country strong. And I have been talking about the steps that we must
take to make it stronger.
One key component of my competitiveness agenda is savings. We must
improve our national savings rate because capital is critical to
growth. And continued deficits lead ultimately to a downward spiral.
The 2005 personal savings rate was negative--minus 0.5 percent.
Taxpayers have joined their government in engaging in deficit spending.
We have to turn our savings rates around. The question is how to do it.
With regard to Federal Government budget deficits, we have talked a
lot over the last few days about the need for a pay-as-you-go process.
We all know that it is important. The only question is whether we are
willing to take the tough steps that pay-go requires, and not leave the
burden to our children and grandchildren.
Pay-go does not necessarily mean tax increases. It could mean
collecting the taxes that are already owed. The most recent IRS
estimate of the tax gap--the difference between what taxpayers owe and
what they pay on time--is $350 billion each year.
Collecting that difference would pay for a lot of the Government.
Several times, the Senate has passed legislation that would close
corporate loopholes and other abuses that contribute to the tax gap.
Instead of looking for additional taxes, we should work with our
Colleagues in the House to enact proposals like these that will simply
get taxpayers to pay what they already owe.
Today, I want to focus on the lack of personal savings for
retirement. We all know it is inadequate. And we must address this
problem if American workers are to be able to retire with confidence
that they can maintain their living standards.
The ``Savings Competitiveness Act,'' which I introduce today, will
make it easier for millions of workers to save for retirement. It will
create an automatic opportunity for workers to have savings withheld
from their paychecks.
We cannot improve the personal savings rate by providing tax
incentives that simply shift savings from one type of account to
another, or from one investment to another. We can improve the personal
savings rate only by creating new savings, especially savings by
workers who would otherwise not save. I believe that this bill will do
just that.
Data on retirement savings show that workers who can save at work
through payroll deduction arrangements--such as 401(k) plans--usually
take advantage of the opportunity to save. About two-thirds of eligible
workers contribute to a 401(k) plan. That percentage jumps
dramatically--to more than 80 percent--if eligible workers are
automatically enrolled in these plans. Automatic enrollment makes
saving the default. Workers can opt out. But those who do not opt out,
start saving.
In November, we passed the pension bill by an overwhelming margin--
97-to-2. That bill included provisions to encourage opt-out 401(k) and
403(b) plans, instead of opt-in plans. This is a very important first
step. Separate bills introduced by Senators Bingaman and Snowe, and
Senators Conrad and Smith were the basis for the Senate provisions. And
I applaud their efforts to move these ideas along. Since the House also
included automatic enrollment language in its bill, I expect that the
final conference bill will take this dramatic step toward increasing
savings.
That, however, is just a first step. Automatic enrollment in 401(k)
and 403(b) plans will help only those who are eligible to join an
employer-sponsored plan. That is about 60 percent of working Americans.
Unfortunately, that leaves 40 percent of workers out in the cold. For
small employers, the situation is worse. More than half of workers with
small employers--those with fewer than 25 employees--have no employer-
sponsored retirement plan. And for firms with fewer than 10 employees,
only 16 percent of workers participate in an employer-sponsored plan.
Those who have no employer-sponsored retirement program are far less
likely to save for retirement than those who do; 85 percent of workers
eligible for an employer-sponsored plan are actually earning benefits
in those plans. But less than 20 percent of eligible taxpayers
contribute to an IRA.
Many more own IRAs--because funds from employer plans have been
rolled over to an IRA. But the truth is, most retirement savings came
from employer-based retirement plans.
The high participation rates in employer-sponsored 401(k) plans, and
the

[[Page S2324]]

low rates for IRAs, leads to a clear conclusion. We can increase
retirement savings--create new savings--by making payroll deduction
retirement savings available to more workers.
This is not a new idea. President Clinton's USA accounts were one
attempt to bring retirement savings to all working Americans. Senator
Bingaman first proposed universal access to retirement savings in his
Secure Retirement for America Act in the 107th Congress. But it is time
that we stopped talking. It is time that we started doing something to
change the direction of the personal savings rate.

Access to payroll savings is important, but it is not enough. The
Savings Competitiveness Act that I introduce today will expand savings
opportunities and more.
This bill helps workers by providing an opportunity to save for
retirement through payroll deduction at work. Employers are not
required to contribute. Employers just withhold contributions and
forward them to an IRA. We provide a modest credit to help small
employers with the start-up costs.
This bill helps children by allowing Young Saver's Accounts to be
used for kid's savings.
This bill helps small employers who want to contribute toward
employees' retirement savings get started with a 3-year start-up credit
for 50 percent of contributions to workers who are not highly
compensated. And small employers who use ``SIMPLE'' plans can share the
profits in a good year by making discretionary contributions to
employees' SIMPLE IRAs.
This bill helps lower-income taxpayers by replacing the current
Saver's Credit with a refundable credit, deposited to the taxpayer's
retirement savings account. Families earning up to $50,000 would be
eligible for a 50 percent credit. Those earning up to $60,000 would be
entitled to a portion of the credit. Low-income savers would not be
penalized by losing eligibility for food stamps and other benefits.
This bill helps retirees with modest savings by exempting $50,000 of
their savings from minimum distribution requirements.
This bill removes traps for the unwary by simplifying distribution
rules. It would conform 401(k) and IRA penalties so that workers who do
not have advisers to lead them through a series of hoops do not get hit
with excise taxes that those with a guide can avoid.
This bill takes some of the guesswork out of choosing an IRA. It
would create a seal of approval for IRAs that have investment options
similar to those in the Thrift Savings Plan and modest fees.
The Senate's automatic enrollment provisions are not law yet. So I
have also included them in this new legislation.
I encourage my Colleagues to join with me to provide workplace
savings opportunities for working Americans that now have none and to
stop the unlimited growth of the deficit by adopting a pay-as-you-go
requirement. I ask you to support the Savings Competitiveness Act.
______

By Mr. SALAZAR (for himself, Mr. Thune, Mr. Akaka, Mr. Dorgan,
Mr. Pryor, Mr. Johnson, Mr. Burns, Ms. Murkowski, Mr. Thomas,
Mr. Baucus, Mr. Conrad, Mrs. Murray, Mrs. Lincoln, and Mr.
Burr):
S. 2433. A bill to amend title 38, United States Code, to establish
an Assistant Secretary for Rural Veterans in the Department of Veterans
Affairs, to improve the care provided to veterans living in rural
areas, and for other purposes; to the Committee on Veterans' Affairs.
Mr. SALAZAR. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2433

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Rural Veterans Care Act of
2006''.

SEC. 2. ASSISTANT SECRETARY FOR RURAL VETERANS.

Section 308 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``There'';
(B) by striking ``six'' and inserting ``seven''; and
(C) by striking ``Each'' and inserting the following:
``(2) Each'';
(2) by redesignating subsection (c) as paragraph (3) and
inserting such paragraph at the end of subsection (a);
(3) by inserting after subsection (b) the following new
subsection:
``(c)(1) One of the Assistant Secretaries appointed under
subsection (a) shall be the Assistant Secretary for Rural
Veterans, who, under the direction of the Secretary, shall
formulate and implement all policies and procedures of the
Department that affect veterans living in rural areas.
``(2) The Assistant Secretary for Rural Veterans, under the
direction of the Secretary, shall perform the following
functions:
``(A) Except as otherwise expressly provided in this title,
carry out the provisions of this title and administer all
Department programs for providing care to veterans living in
rural areas who are eligible for services authorized under
this title.
``(B) Oversee and coordinate personnel and policies of the
Veterans Health Administration, the Veterans Benefits
Administration, the National Cemetery Administration, and
their respective subagencies, including Veterans Integrated
Service Networks, to carry out Department programs to the
extent such programs affect veterans living in rural areas.
``(C) Oversee, coordinate, promote, and disseminate
research into issues affecting veterans living in rural areas
in cooperation with the medical, rehabilitation, health
services, and cooperative studies research programs, the
Office of Policy and the Office of Research and Development
of the Veterans Health Administration, and the centers
established in section 7329.
``(D) Ensure maximum effectiveness and efficiency in
providing services and assistance to eligible veterans under
the programs described in subparagraph (A), after
consultation with appropriate representatives of the Centers
for Medicare and Medicaid Services, the Indian Health
Service, and the Office of Rural Health Policy of the
Department of Health and Human Services, the Social Security
Administration, the Department of Labor, the Department of
Agriculture (acting through the Under Secretary for Rural
Development), and other Federal, State, and local government
agencies.
``(E) Work with all personnel and resources of the
Department to develop, refine, and promulgate policies, best
practices, lessons learned, and innovative and successful
programs to improve care and services for rural veterans.
``(F) Perform such other functions and duties as the
Secretary considers appropriate.
``(3) The Secretary shall ensure that the Assistant
Secretary for Rural Veterans has the budget, authority, and
control necessary for the development, approval,
implementation, integration, and oversight of policies,
procedures, processes, activities, and systems of the
Department relating to the care of rural veterans. The
Secretary shall identify a Rural Veterans Coordinator in each
Veterans Integrated Service Network, who shall report to the
Assistant Secretary for Rural Veterans and coordinate the
functions authorized under this subsection within such
network.
``(4) The Assistant Secretary for Rural Veterans, under the
direction of the Secretary, shall supervise the employees of
the Department who are responsible for implementing the
policies and procedures described in paragraph (1).''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``18'' and inserting ``19''; and
(ii) by adding at the end the following: ``One of the
Deputy Assistant Secretaries appointed under this paragraph
shall be the Deputy Assistant Secretary for Rural Veterans,
who shall perform such functions as the Assistant Secretary
for Rural Veterans prescribes.'';
(B) in paragraph (2), by inserting ``or, in the case of the
Deputy Assistant Secretary for Rural Veterans, comparable
service in a management position in the Armed Forces'' after
``Secretary''.

SEC. 3. RESPONSIBILITIES OF ASSISTANT SECRETARY FOR RURAL
VETERANS.

(a) Demonstration Projects.--
(1) In general.--The Assistant Secretary for Rural
Veterans, appointed under section 308 of title 38, United
States Code, shall carry out demonstration projects to
examine alternatives for expanding care in rural areas,
including--
(A) establishing a partnership between the Department of
Veterans Affairs and the Centers for Medicare and Medicaid
Services of the Department of Health and Human Services to
coordinate care for rural veterans conducted at critical
access hospitals (as designated or certified under section
1820 of the Social Security Act (42 U.S.C. 1395i-4));
(B) establishing a partnership between the Department of
Veterans Affairs and the Department of Health and Human
Services to coordinate care for rural veterans conducted at
community health centers;
(C) expanding the use of fee basis care through which
private hospitals, health care facilities, and other third-
party providers are reimbursed for providing care closer to
the homes of veterans living in rural areas, as authorized
under section 7405(a)(2); and

[[Page S2325]]

(D) expanding coordination between the Department of
Veterans Affairs and the Indian Health Service to expand care
for Native American veterans.
(2) Geographic distribution.--The Assistant Secretary for
Rural Veterans shall ensure that the demonstration projects
authorized under paragraph (1) are located at facilities that
are geographically distributed throughout the United States.
(3) Report.--Not later than two years after the date of
enactment of this Act, the Assistant Secretary for Rural
Veterans shall submit a report on the results of the
demonstration projects conducted under paragraph (1) to--
(A) the Committee on Veterans Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Veterans Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(b) Policy Revisions.--Not later than one year after the
date of enactment of this Act, the Assistant Secretary for
Rural Veterans shall--
(1) reevaluate directives 5005 and 5007 of the Department
of Veterans Affairs and other guidance and procedures related
to the use of fee basis care nationwide; and
(2) revise established policies to--
(A) provide stronger guidance to units of the Department of
Veterans Affairs; and
(B) strengthen the use of fee basis care to extend health
care services to rural and remote rural areas.
(c) Reports to Congress.--The Secretary of Veterans Affairs
shall submit to Congress, in conjunction with the documents
submitted in support of the President's budget for each
fiscal year, an assessment of the implementation during the
most recently completed fiscal year of the provisions of this
Act and the amendments made by this Act.

SEC. 4. PILOT PROGRAM ON ENHANCED ACCESS TO HEALTH CARE FOR
VETERANS IN HIGHLY RURAL AND GEOGRAPHICALLY
REMOTE AREAS.

(a) Pilot Program.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a pilot program to evaluate the feasability and
advisability of utilizing various means to improve the access
of veterans who reside in highly rural or geographically
remote areas to health care services referred to in
subsection (d).
(2) Provision of services under pilot program.--In
conducting the pilot program, the Secretary shall provide
health care services referred to in subsection (d) to
eligible veterans who reside in highly rural or
geographically remote areas in the geographic service regions
selected for purposes of the pilot program utilizing the
contract authority of the Secretary under section 1703 of
title 38, United States Code, and such other authorities
available to the Secretary as the Secretary considers
appropriate for purposes of the pilot program.
(b) Eligible Veterans.--A veteran is an eligible veteran
for purposes of this section if the veteran--
(1) has a service-connected disability; or
(2) is enrolled in the veterans health care system under
section 1705 of title 38, United States Code.
(c) Highly Rural or Geographically Remote Areas.--An
eligible veteran resides in a highly rural or geographically
remote area for purposes of this section if the veteran--
(1) resides in a location that is more than 60 miles
driving distance from the nearest Department of Veterans
Affairs health care facility; or
(2) in the case of an eligible veteran who resides in a
location that is less than 60 miles driving distance from
such a facility, experiences such hardship or other
difficulties (as determined pursuant to regulations
prescribed by the Secretary for purposes of this section) in
travel to the nearest Department of Veterans Affairs health
care facility that such travel is not in the best interests
of the veteran.
(d) Health Care Services.--The health care services
referred to in this section are--
(1) acute or chronic symptom management;
(2) nontherapeutic medical services; and
(3) any other medical services jointly determined
appropriate for an eligible veteran for purposes of this
section by the physician of the department responsible for
primary care of such eligible veteran and the director of the
Veterans Integrated Service Network concerned.
(e) Areas for Conduct of Pilot Program.--
(1) In general.--The pilot program shall be conducted in 3
of the geographic service regions of the Veterans Health
Administration (referred to as Veterans Integrated Service
Networks) selected by the Secretary for purposes of the pilot
program.
(2) Selection.--In selecting geographic service regions for
the purposes of the pilot program, the Secretary, based on
the recommendations of the Assistant Secretary for Rural
Veterans, shall select from among the Veterans Integrated
Service Networks that have a substantial population of
veterans who reside in highly rural or geographically remote
areas.
(f) Period of Pilot Program.--The pilot program shall be
conducted during fiscal years 2007, 2008, and 2009.
(g) Funding for Pilot Program.--
(1) In general.--For each fiscal year during which the
pilot program is conducted, the Secretary shall allocate for
the pilot program an amount equal to 0.9 percent of the total
amount appropriated for such fiscal year for medical
services.
(2) Timing of allocation.--The allocation under paragraph
(1) for a fiscal year shall be made before any other
allocation of funds for medical care is made for such fiscal
year, and any remaining allocation of funds for medical care
for such fiscal year shall be made without regard to the
allocation under subsection (a) in such fiscal year.
(h) Report to Congress.--Not later than February 1, 2009,
the Secretary shall submit to Congress a report on the pilot
program. The Secretary shall include in the report such
recommendations as the Secretary considers appropriate
concerning extension of the pilot program or other means to
improve the access of veterans who reside in highly rural or
geographically remote areas to health care services referred
to in subsection (d).

SEC. 5. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT
AT FACILITIES OF THE DEPARTMENT OF VETERANS
AFFAIRS.

Section 111 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``subsistence),'' and inserting
``subsistence at a rate equivalent to the rate provided to
Federal employees under section 5702 of title 5),''; and
(B) by striking ``traveled,'' and inserting ``(at a rate
equivalent to the rate provided to Federal employees under
section 5704 of title 5),'';
(2) by striking subsection (g); and
(3) by redesignating subsection (h) as subsection (g).

SEC. 6. CENTERS FOR RURAL HEALTH RESEARCH, EDUCATION, AND
CLINICAL ACTIVITIES.

(a) In General.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:

``Sec. 7329. Centers for rural health research, education,
and clinical activities

``(a) Establishment of Centers.--The Assistant Secretary
for Rural Veterans shall establish and operate not less than
one and not more than five centers of excellence for rural
health research, education, and clinical activities, which
shall--
``(1) conduct research on rural health services;
``(2) allow the Department to use specific models for
furnishing services to treat rural veterans;
``(3) provide education and training for health care
professionals of the Department; and
``(4) develop and implement innovative clinical activities
and systems of care for the Department.
``(b) Geographic Dispersion.--The Assistant Secretary for
Rural Veterans shall ensure that the centers authorized under
paragraph (1) are located at health care facilities that are
geographically dispersed throughout the United States.
``(c) Selection Criteria.--The Assistant Secretary for
Rural Veterans may not designate a health care facility as a
location for a center under this section unless--
``(1) the peer review panel established under subsection
(d) determines that the proposal submitted by such facility
meets the highest competitive standards of scientific and
clinical merit; and
``(2) the Assistant Secretary for Rural Veterans determines
that the facility has, or may reasonably be anticipated to
develop--
``(A) an arrangement with an accredited medical school to
provide residents with education and training in care for
rural veterans;
``(B) the ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health care research efforts;
``(C) a policymaking advisory committee, composed of
appropriate health care and research representatives of the
facility and of the affiliated school or schools, to advise
the directors of such facility and such center on policy
matters pertaining to the activities of such center during
the period of the operation of such center; and
``(D) the capability to effectively conduct evaluations of
the activities of such center.
``(d) Panel to Evaluate Proposals.--(1) The Assistant
Secretary for Rural Veterans shall establish a panel to--
``(A) evaluate the scientific and clinical merit of
proposals submitted to establish centers under this section;
and
``(B) provide advice to the Assistant Secretary for Rural
Veterans regarding the implementation of this section.
``(2) The panel shall review each proposal received from
the Assistant Secretary for Rural Veterans and shall submit
its views on the relative scientific and clinical merit of
each such proposal to the Assistant Secretary.
``(3) The panel established under paragraph (1) shall be
comprised of experts in the fields of public health research,
education, and clinical care.
``(4) Members of the panel shall serve as consultants to
the Department for a period not to exceed two years.
``(5) The panel shall not be subject to the Federal
Advisory Committee Act.
``(e) Funding.--(1) There are authorized to be appropriated
such sums as may be necessary for the support of the research
and education activities of the centers established pursuant
to subsection (a).
``(2) The Assistant Secretary for Rural Veterans shall
allocate such amounts as the

[[Page S2326]]

Under Secretary for Health determines to be appropriate to
the centers established pursuant to subsection (a) from funds
appropriated for the Medical Care Account and the Medical and
Prosthetics Research Account.
``(3) Activities of clinical and scientific investigation
at each center established under subsection (a)--
``(A) shall be eligible to compete for the award of funding
from funds appropriated for the Medical and Prosthetics
Research Account; and
``(B) shall receive priority in the award of funding from
such account to the extent that funds are awarded to projects
for research in the care of rural veterans.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 of title 38, United States Code, is
amended by inserting after the item relating to section 7328
the following new item:

``7329. Centers for rural health research, education, and clinical
activities.''.
______

By Mr. WYDEN (for himself and Mr. Graham):
S. 2434. A bill to limit the amount of time Senators spend on non-
legislative activities; to the Committee on Rules and Administration.
Mr. WYDEN. Mr. President, the Senate has been working away at a
lobbying reform bill, which is a good start at curbing the influence of
special interests, but that alone is not enough. Everyone knows the
root of the problem is money. Money is the oil that runs the engine of
a viable campaign for office.
Every single one of my colleagues and I are in a perpetual campaign.
Whether you were born a multi-millionaire or come from more humble
origins, you are chasing money. Senators are elected or reelected on a
Tuesday, sleep in on Wednesday and by Thursday they are back on the
phone, dialing supporters for contributions to fuel the next campaign.
I do not believe Senators should have to operate this way. I believe
the people send Senators to the Capitol to resolve their and the
Nation's problems; I don't believe they send us to the United States
Senate to spend all our time calling donors for support.
Senators are here to do the people's business, and that's why Senator
Graham and I are introducing the first bipartisan bill that would let
Senators focus on what the voters of our States sent us here to do.
This would be the first serious step toward shutting the door on the 6-
year stockpiling of campaign contributions. Our bill would amend the
Senate rules to prohibit incumbent Senators from raising money until 18
months prior to their re-election. An exception to this ban would be
triggered if an opposing candidate or group targeted a Senator with
more than $100,000 in paid advertisements. Such a targeted campaign
would free an incumbent Senator from the prohibition on soliciting
contributions. Likewise, the ban would not apply to contributions to
retire campaign debt.
I have long admired the system used in many European countries for
keeping campaigns focused on a short but intense period. That would
require an amendment to the Constitution, an avenue that time and again
has proved too difficult to navigate. Short of a Constitutional
amendment I believe the new approach Senator Graham and I are offering
could prove viable.
Campaign finance reform is much like nuclear disarmament: everyone is
for it but few are willing to take the first step unilaterally. I
believe that those of us who are already here in the Senate bear the
responsibility to take that first step.
Our proposal aims not just to treat the symptoms of scandal and
corruption; it aims to cure the overall disease by going after the
endless race for money in politics. Our bipartisan approach enjoys the
support of a number of groups, including Common Cause, Democracy21, US
PIRG and Public Citizen.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2434

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Senate Campaign Reform Act
of 2006''.

SEC. 2. LIMITATION ON SOLICITATION OR ACCEPTANCE OF
CONTRIBUTIONS.

Paragraph 1 of rule XLI of the Standing Rules of the Senate
is amended--
(1) by inserting ``(a)'' after ``1.''; and
(2) by adding at the end the following:
``(b)(1) A Member of the Senate, or officer or employee of
the Senate, shall not solicit, receive, direct, or authorize
the acceptance of a contribution with respect to a political
committee authorized by or affiliated with a Senator at any
time other than during the period beginning on the date that
is 18 months prior to the date of the next general election
for the office held by such Senator and ending on the date of
such election.
``(2) This subparagraph shall not apply for the period
beginning on the date in which a candidate opposing a Senator
receives contributions or makes expenditures in excess of
$100,000.
``(3)(A) This subparagraph shall not apply in any case in
which a Senator is targeted (by name or office) in broadcast
advertisements paid for by an individual or group that is not
affiliated with any candidate for the Senate, but only to the
extent that contributions do not exceed the amount paid by
the individual or group for such advertisements.
``(B) Contributions permitted by subclause (A) shall be
used for the sole purpose of responding to such
advertisements, and funds remaining at the conclusion of such
response shall be returned to the individual contributors
(based on the percentage of the total amount contributed).
``(C) Not later than 30 days after the date on which a
response is made under subclause (B), the Senator shall
submit for review to the Select Committee on Ethics of the
Senate the amount raised, copies of the advertisements in
question, and the dates and outlets on which the
advertisements were run.
``(4) This subparagraph shall not apply to any authorized
committee of a Senator who is a candidate for an office other
than Senator, but only if such committee is established for
the purpose of running for such other office and no
contribution accepted by the committee is used for the
purpose of running for the office of Senator.
``(5) Any term used in this subparagraph which is also used
in the Federal Election Campaign Act of 1971 (2 U.S.C. 331 et
seq.) shall have the meaning given such term under such
Act.''.
______

By Mr. LUGAR:
S. 2435. A bill to increase cooperation on energy issues between the
United States Government and foreign governments and entities in order
to secure the strategic and economic interests of the United States,
and for other purposes; to the Committee on Foreign Relations.
Mr. LUGAR. Mr. President, I rise today to introduce the ``Energy
Diplomacy and Security Act,'' legislation that recognizes energy
security to be a foremost concern for United States national security,
and would realign our diplomatic priorities to meet energy security
challenges.
Energy issues pose a multitude of challenges for United States
national security, foreign policy, economy, and environment. Meeting
these challenges requires a rigorous and farsighted policy to move us
toward a sustainable energy future, which will include international
partnership. The bill calls upon the President to improve the focus and
coordination of Federal agency activities in international energy
affairs. The bill further would ensure that concern for energy security
is integrated into the State Department's core mission and activities,
and to this end, it calls for the creation of a Coordinator for
International Energy Affairs within the Office of the Secretary.
The bill calls upon the Federal Government to expand international
cooperation on energy issues. The bill seeks to enhance international
preparedness for major disruptions in oil supplies. A particular
priority is to offer a formal coordination agreement with China and
India as they develop strategic petroleum reserves. This would help
draw them into the international system, providing supply reassurance,
and thereby reducing potential for conflict. The bill also calls for
extension of petroleum supply disruption to developing nations which
are most vulnerable.
The bill would also stimulate regional partnerships in the Western
Hemisphere. Most of our oil and virtually all of our gas imports come
from this Hemisphere. The bill would create a Western Hemisphere Energy
Forum modeled on the APEC energy working group. This would provide a
badly-needed mechanism for hemispheric energy cooperation and
consultation, and would promote private investment in the Hemisphere.
Finally, the bill would enhance international partnerships with both
major energy producing and consuming countries. We must engage major
oil and natural gas producing countries. Not working with major oil and
gas exporters will lead to unproductive political

[[Page S2327]]

showdowns and conflict. Strategic energy partnerships with other major
consuming countries are also crucial for our national security. Energy
security is a priority we hold in common with other import dependent
countries, and partnership with the world's largest consumers will
increase leverage in relation to petro-states and speed our own
conversion to sustainable energy sources. In addition to seeking new
avenues of cooperation, the bill would give focus to existing bilateral
energy dialogues, which have lacked clear objectives and political
backing.
I look forward to working with my colleagues and the Administration
to pursue a foreign policy that meets the grave national security
challenges posed by the global energy situation.
______

By Mr. NELSON of Florida (for himself and Mr. Menendez):
S. 2436. A bill to establish an Office of Consumer Advocacy and
Outreach within the Federal Trade Commission to protect consumers from
certain unfair or deceptive acts or practices, and for other purposes;
to the Committee on Commerce, Science, and Transportation.
Mr. NELSON of Florida. Mr. President, I rise today on behalf of
myself, and Senator Robert Menendez of New Jersey, to introduce a bill
to create an Office of Consumer Advocacy and Outreach within the
Federal Trade Commission.
Pyramid schemes, too-good-to-be-true business opportunities, miracle
weight loss products--these are all examples of how average Americans
are taken advantage of on a daily basis. These schemes have the
potential to deplete an innocent person's bank accounts and ruin their
finances and credit record for years to come. Some even damage people's
health permanently--all for sake a making a few bucks.
Unfortunately, Hispanics are twice as likely as other Americans to
become victims of consumer fraud. In fact, 14.3 percent of Hispanics
will fall prey to this type of crime. It's hard to know exactly why
this is affecting Hispanics disproportionately. Some believe that
disreputable businesses target certain communities because they believe
victims are less likely to report crimes. In fact, data has shown that
Hispanics are less likely to report incidents of fraud than other
segments of the population.
The Federal Trade Commission has levied an increasing number of
complaints against deceptive Spanish-language advertisements, including
fraudulent driving permits and junk computers in recent years. Two of
these complaints were filed against businesses in South Florida that
targeted Spanish speakers with advertisements for ``scientifically
unfeasible'' weight-loss pills.
The Office of Consumer Advocacy and Outreach created by this bill
will provide information to targeted consumers in these communities on
how to protect themselves against fraudulent schemes and where to seek
redress if they become a victim. The Office will work with law
enforcement to track and investigate fraud schemes that target
immigrants, the elderly, minorities and other communities.
This legislation will create, develop, and manage an anonymous tip
program that will allow individuals to report fraud schemes that
specifically target their community. The tip program will allow anyone
with knowledge of a fraud scheme involving deceptive advertising to get
a reward for reporting it directly to the experts who work at the
Federal Trade Commission.
To help publicize the reward program, the number for this newly
created hotline would be included in a Spanish-language public service
advertising campaign produced by the Federal Trade Commission that
warns against consumer fraud and provides the number for this newly
created anonymous hotline.
Finally, the Office will work with law enforcement to increase their
level of participation in the Consumer Sentinel database system. This
database, currently in existence, collects information from local,
State and Federal agencies on consumer complaints to assist in the
tracking and investigating of consumer fraud issues.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2436

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Trade Commission
Consumer Advocacy Act''.

SEC. 2. ESTABLISHMENT OF THE OFFICE OF CONSUMER ADVOCACY AND
OUTREACH.

There is established within the Federal Trade Commission an
Office of Consumer Advocacy and Outreach.

SEC. 3. PURPOSE OF THE OFFICE OF CONSUMER ADVOCACY AND
OUTREACH.

The purpose of the Office of Consumer Advocacy and Outreach
is to protect minority consumers, disabled consumers, and
other targeted consumers from unfair or deceptive acts or
practices that violate section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).

SEC. 4. RESPONSIBILITIES OF THE OFFICE OF CONSUMER ADVOCACY
AND OUTREACH.

The head of the Office of Consumer Advocacy and Outreach
shall--
(1) assist law enforcement personnel in--
(A) investigating unfair or deceptive acts or practices
that violate section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) and that affect minority, disabled, or other
targeted consumers; and
(B) increasing the amount of information available about
such acts or practices through the Consumer Sentinel database
system or an equivalent database system;
(2) provide consumers, including minority, disabled, or
other targeted consumers, information regarding detecting
unfair or deceptive acts or practices;
(3) administer a program that permits individuals to
anonymously report information regarding an unfair or
deceptive act or practice that affects minority, disabled, or
other targeted consumers;
(4) carry out a program to provide a monetary reward to an
individual who reports an unfair or deceptive act or practice
that affects minority, disabled, or other targeted consumers
if such report results in the Federal Trade Commission
obtaining a civil penalty from a person liable for such act
or practice; and
(5) carry out a public awareness campaign in Spanish to
inform Spanish-speaking consumers about the services provided
by the Office and the award program described in paragraph
(4).
______

By Mr. STEVENS (for himself, Mrs. Hutchison, Mrs. Dole, Mr.
Talent, Mrs. Feinstein, Ms. Mikulski, and Mr. Byrd):
S. 2437. A bill to increase penalties for trafficking with respect to
peonage, slavery, involuntary servitude, or forced labor; to the
Committee on the Judiciary.
Mr. STEVENS. Mr. President, over 100 years ago, our country
criminalized slavery with the 13th amendment to the U.S. constitution.
Yet, thousands of people in our country still live a life of slavery
and forced prostitution.
According to the State Department, up to 800,000 people worldwide are
trafficked across borders each year. As many as 17,000 persons are
believed to be trafficked in the United States annually.
The majority of these victims are women and children. Most of them
are trafficked into commercial sexual exploitation.
Human trafficking is a highly profitable and dangerous business. It
generates an estimated $9.5 billion annually and is closely connected
to organized crime. Human trafficking operations have been linked to
money-laundering, drug-trafficking, document forgery, and the funding
of terrorist activities.
Those involved in human trafficking prey on the most vulnerable in
our society. They seek out those living in poverty and those who have
not had access to a good education.
Human traffickers hold their victims against their will and force
them into slavery or the sex industry, where they are threatened and
often physically or sexually abused.
The State Department is working with other nations to combat this
problem internationally, and we must do more here at home.
Those involved in human trafficking should face severe criminal
penalties. It is my hope that such penalties will discourage this type
of activity. Our country is a beacon of freedom for the world, and the
idea that thousands of people a year are enslaved right in our own
backyard sickens me. This must be stopped.
In the past, Congress has passed laws increasing the penalties for
human trafficking. I urge my colleagues to join me in increasing these
penalties once again.
This bill makes the trafficking of humans a capital offense. It not
only

[[Page S2328]]

holds those who lure men, women, and children into a life of slavery
and prostitution responsible; it also punishes those involved in the
transport or purchase of these victims.
This bill gives our courts the tools they need to curb this ongoing
epidemic. I urge my colleagues to support this legislation.
______

By Mr. REID:
2439. A bill to amend the Energy Employees Occupational Illness
Compensation Program Act of 2000 to provide for certain nuclear weapons
program workers to be included in the Special Exposure Cohort under the
compensation program established by that Act; to the Committee on
Health, Education, Labor, and Pensions.

Mr. REID. Mr. President, I rise today to introduce a bill to provide
compensation for civilian veterans of the Cold War who contracted
cancer as a result of their work at our nuclear weapons facilities, The
Nevada Test Site Veteran's Compensation Act of 2006.
The Nevada Test Site Veteran's Compensation Act of 2006 will ensure
that employees who worked at the Nevada Test Site during the years of
above and below ground nuclear weapons testing and suffer from
radiation-induced cancers as a result of that work finally receive the
compensation they deserve. These Cold War veterans sacrificed their
health and wellbeing for their county. We can wait no longer to
acknowledge those sacrifices and to try, in some small way, to
compensate for the cancers they have suffered as a result of their
service to their country.
United States citizens have served their country working in
facilities producing and testing nuclear weapons and engaging in other
atomic energy defense activities that served as a deterrent during the
Cold War. Many of these workers were exposed to cancer-causing levels
of radiation and placed in harm's way by the Department of Energy and
contractors, subcontractors, and vendors of the Department without the
knowledge and consent of the workers, without adequate radiation
monitoring, and without necessary protections from internal or external
occupational radiation exposures.
Six years ago, I worked with President Clinton to pass The Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384 et seq.) (EEOICPA) to ensure fairness and equity for the
men and women who performed duties uniquely related to the nuclear
weapons production and testing programs by establishing a program that
would provide timely, uniform, and adequate compensation for 22
specified radiation-related cancers.
Research by the Department of Energy, the National Institute for
Occupational Safety and Health (NIOSH), NIOSH's contractors, the
President's Advisory Board on Radiation and Worker Health, and
congressional committees indicates that workers were not adequately
monitored for internal or external exposures to ionizing radiation to
which the workers were exposed and records were not maintained, are not
reliable, are incomplete, or fail to indicate the radioactive isotopes
to which workers were exposed.
Because of the inequities posed by the factors described above and
the resulting harm to the workers, EEOICPA has an expedited process for
groups of workers whose radiation dose cannot be estimated with
sufficient accuracy or whose dose cannot be estimated in a timely
manner. These workers are placed into a Special Exposure Cohort (SEC).
Workers in an SEC do not have to go through the dose reconstruction
process, which can take years and be extremely difficult as these
workers are often unable to produce information because it was or is
classified.
Congress has already legislatively designated classes of atomic
energy veterans at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge
K-25, Tennessee, and the Amchitka Island, Alaska, sites as members of
the Special Exposure Cohort under EEOICPA. Amchitka Island was
designated because three underground nuclear tests were conducted on
the Island.
Nevada Test Site workers deserve the same designation.
I and many other Nevadans remember watching explosions at the Nevada
Test Site. We were struck with awe and wonder at the power and strength
of these explosions. Little did we know that there was another side to
those atomic tests--the exposure of men and women working at the site
to cancer-causing substances. Now, hundreds, perhaps thousands, of
these Cold War veterans face deadly cancers. Many have already passed
away.
The contribution of the State of Nevada to the security ofthe United
States throughout the Cold War and since has been unparalleled. In
1950, President Harry S. Truman designated what would later be called
the Nevada Test Site as the Nation's nuclear proving grounds and, a
month later, the first atmospheric test at the Nevada Test Site was
detonated. The United States conducted 100 aboveground and 828
underground nuclear tests at the Nevada Test Site from 1951-1992. Out
of the 1054 nuclear tests conducted in the United States, 928, or 88
percent, were conducted at the Nevada Test Site.
Unfortunately, Nevada Test Site workers, despite having worked with
significant amounts of radioactive materials and having known exposures
leading to serious health effects, have been denied compensation under
EEOICPA as a result of flawed calculations based on records that are
incomplete or in error as well as the use of faulty assumptions and
incorrect models.
It has become evident that it is not feasible to estimate with
sufficient accuracy the radiation dose received by employees at the
Department of Energy facility in Nevada known as Nevada Test Site at
all in some cases and in other in a timely manner. There are many
reasons for this, including inadequate monitoring, incomplete
radionuclide lists, and DOE's ignoring nearly a dozen tests conducted
at the site that vented. Because of these problems, Nevada Test Site
workers have been denied compensation under the Act, some of which have
waited for decades for their government to acknowledge the sacrifices
they made for their country and compensate them.
Unfortunately, 6 years since the passage of EEOICPA and in some cases
decades after their service to their country, very few of those Nevada
Test Site Cold War veterans who have cancer have received compensation.
In fact, Nevada Test Site workers are receiving compensation at a rate
lower than the national average and many who have waited decades are
being told that they have to wait longer. And many have already died
while waiting for their compensation.
Last November, I sent a letter to President Bush asking him to
initiate this process himself. He still has not responded. However, his
Administration is trying to re-write the law via regulation and cut
funding to this program in order to delay compensation further and halt
it for some workers altogether.
This is unacceptable. That is why I am committed to ensuring that
Nevada Test Site workers through 1993 are designated as a ``Special
Exposure Cohort.'' This will streamline and speed up the recovery
process for those workers.
The Nevada Test Site Veteran's Compensation Act of 2006 would ensure
employees and survivors of employees who worked at the Nevada Test Site
through 1993 that they receive compensation. They helped this country
win the cold war, sacrificing their personal health in the process and
after decades of waiting and suffering, it is time the government
honored these sacrifices
This bill would include within the Special Exposure Cohort, Nevada
Test Site workers employed at the site from 1950-1993 who were: (1)
Present during an atmospheric or underground nuclear test or performed
drillbacks, re-entry, or clean up work following such test; (2) present
at an episodic event involving radiation releases; or (3) employed at
Nevada Test Site for at least 250 work days and in a job activity that
was monitored for exposure to ionizing radiation or worked in a job
activity that is or was comparable to a job that is, was or should have
been monitored for exposure to ionizing radiation.
The Nevada Test Site has served, and continues to serve, as the
premier research, testing, and development site for our nuclear defense
capabilities. The Nevada Test Site and its workers have been, and are,
an essential and irreplaceable part of our Nation's defense
capabilities. This bill would honor the service of our Atomic Energy
veterans

[[Page S2329]]

and provide them with the compensation they deserve.
I ask unanimous consent that the full text of the bill be printed in
the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2439

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Nevada Test Site Veterans'
Compensation Act of 2006''.

SEC. 2. FINDINGS.

(a) Congress makes the following findings:
(1) Employees working on Cold War-era nuclear weapons
programs were employed in facilities owned by the Federal
Government and the private sector producing and testing
nuclear weapons and engaging in related atomic energy defense
activities for the national defense beginning in the 1940s.
(2) These Cold War atomic energy veterans helped to build
and test the nuclear arsenal that served as a deterrent
during the Cold War, sacrificing their personal health and
well-being in service of their country.
(3) During the Cold War, many of these workers were exposed
to radiation and placed in harm's way by the Department of
Energy and contractors, subcontractors, and vendors of the
Department without their knowledge and consent, without
adequate radiation monitoring, and without necessary
protections from internal or external occupational radiation
exposure.
(4) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section
referred to as ``EEOICPA'') was enacted to ensure fairness
and equity for the men and women who, during the past 60
years, performed duties uniquely related to the nuclear
weapons production and testing programs of the Department of
Energy, its predecessor agencies, and contractors by
establishing a program that would provide timely, uniform,
and adequate compensation for beryllium- and radiation-
related health conditions.
(5) Research by the Department of Energy, the National
Institute for Occupational Safety and Health (NIOSH), NIOSH
contractors, the President's Advisory Board on Radiation and
Worker Health, and congressional committees indicates that at
certain nuclear weapons facilities--
(A) workers were not adequately monitored for internal or
external exposure to ionizing radiation; and
(B) records were not maintained, are not reliable, are
incomplete, or fail to indicate the radioactive isotopes to
which workers were exposed.
(6) Due to the inequities posed by the factors described
above and the resulting harm to the workers, Congress
designated classes of atomic weapons employees at the
Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25,
Tennessee, and the Amchitka Island, Alaska, sites as members
of the Special Exposure Cohort under EEOICPA.
(7) The contribution of the State of Nevada to the security
of the United States throughout the Cold War and since has
been unparalleled.
(8) In 1950, President Harry S. Truman designated what
would later be called the Nevada Test Site as the country's
nuclear proving grounds and, a month later, the first
atmospheric test at the Nevada Test Site was detonated.
(9) The United States conducted 100 above-ground and 828
underground nuclear tests at the Nevada Test Site from 1951
to 1992.
(10) Out of the 1,054 nuclear tests conducted in the United
States, 928, or 88 percent, were conducted at the Nevada Test
Site.
(11) The Nevada Test Site has served, and continues to
serve, as the premier research, testing, and development site
for our nuclear defense capabilities.
(12) The Nevada Test Site and its workers are an essential
and irreplaceable part of our nation's defense capabilities.
(13) It has become evident that it is not feasible to
estimate with sufficient accuracy in a timely manner the
radiation dose received by employees at the Department of
Energy facility at the Nevada Test Site for many reasons,
including the following:
(A) The NIOSH Technical Basis Document, the threshold
document for radiation dose reconstruction under EEOICPA, has
incomplete radionuclide lists.
(B) NIOSH has not demonstrated that it can estimate dose
from exposure to large, nonrespirable hot particles.
(C) There are significant gaps in environmental measurement
and exposure data.
(D) Resuspension doses are seriously underestimated.
(E) NIOSH has not been able to estimate accurately
exposures to bomb assembly workers and radon levels.
(F) NIOSH has not demonstrated that it can accurately
sample tritiated water vapor.
(G) External dose records lack integrity.
(H) There are no beta dose data until 1966.
(I) There are no neutron dose data until 1966 and only
partial data after such date.
(J) There are no internal dose data until late 1955 or
1956, and limited data until well into the 1960s.
(K) NIOSH has ignored exposure from more than a dozen
underground tests that vented, including Bianca, Des Moines,
Baneberry, Camphor, Diagonal Line, Riola, Agrini, Midas Myth,
Misty Rain, and Mighty Oak.
(L) Instead of monitoring individuals, groups were
monitored, resulting in unreliable personnel monitoring.
(14) Amchitka Island, where only 3 underground nuclear
tests were conducted, has been designated a Special Exposure
Cohort under EEOICPA.
(15) Some Nevada Test Site workers, despite having worked
with significant amounts of radioactive materials and having
known exposures leading to serious health effects, have been
denied compensation under EEOICPA as a result of flawed
calculations based on records that are incomplete, in error,
or based on faulty assumptions and incorrect models.

SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS
IN SPECIAL EXPOSURE COHORT UNDER ENERGY
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.

(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The employee was so employed at the Nevada Test Site
or other similar sites located in Nevada during the period
beginning on January 1, 1950, and ending on December 31,
1993, and, during such employment--
``(i) was present during an atmospheric or underground
nuclear test or performed drillbacks, re-entry, or clean-up
work following such a test (without regard to the duration of
employment);
``(ii) was present during an episodic event involving
radiation releases (without regard to the duration of
employment); or
``(iii) was employed at the Nevada Test Site for a number
of work days aggregating at least 250 work days and was
employed in a job activity that--

``(I) was monitored through the use of dosimetry badges or
bioassays for exposure to ionizing radiation; or
``(II) worked in a job activity that is or was, comparable
to a job that is, was, or should have been monitored for
exposure to ionizing radiation through the use of dosimetry
badges or bioassay.''.

(b) Deadline for Claims Adjudication.--Claims for
compensation under section 3621(14)(C) of the Energy
Employees Occupational Illness Compensation Program Act of
2000, as added by subsection (a), shall be adjudicated and a
final decision issued--
(1) in the case of claims pending as of the date of the
enactment of this Act, not later than 30 days after such
date; and
(2) in the case of claims filed after the date of the
enactment of this Act, not later than 30 days after the date
of such filing.
______

By Ms. CANTWELL (for herself, Mr. Lautenberg, Mr. Kerry, and Mr.
Wyden):
S 2440. A bill to provide the Coast Guard and NOAA with additional
authorities under the Oil Pollution Act of 1990, to strengthen the Oil
Pollution Act of 1990, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Ms. CANTWELL. Mr. President, I rise today to introduce the Oil
Pollution Prevention and Response Act of 2006 with my colleagues
Senators Lautenberg, Kerry, and Wyden. The Oil Pollution Act of 1990
(OPA 90) was passed shortly after the Exxon Valdez ran aground in 1989,
spilling 11 million gallons of crude oil in Alaska's pristine Prince
William Sound--the largest spill in US. history. OPA 90 revolutionized
oil spill risk management and we have OPA 90 to thank for improving oil
spill prevention, preparedness, and response.
However, in a report and testimony recently provided to Congress, the
U.S. Coast Guard identified serious shortcomings in our oil spill
management system. First, in a report transmitted to Congress on May
12, 2005, the Coast Guard noted that the Oil Spill Liability Trust Fund
was in danger of being depleted. And they noted that every state or
U.S. territory has received money from the Fund for oil spills. Without
the Fund, states would have to provide funds for these emergency
events.
Through legislation that I cosponsored last year with Senator Stevens
and Senator Inouye, which became law as part of the Energy Policy Act,
we solved part of this problem by reinstating OPA 90's per-barrel fee
on oil, in order to replenish the Fund, and raising the total level of
principal from $1 billion to $2.7 billion. However, the Coast Guard
also noted that the costs of oil spills increasingly exceed the
liability limits for responsible parties that were set back in 1990.
Under OPA 90, responsible parties can be reimbursed for costs above
their liability limit from the Fund--and this practice continues to
deplete the Fund. This

[[Page S2330]]

issue also was highlighted at a field hearing of the Senate Commerce
Committee's Subcommittee on Fisheries and Coast Guard that I chaired
last August in Seattle, where the Coast Guard testified that the
current limits are too low. The bill I introduce today will increase
these caps so that we return to the ``polluter pays'' principle
enshrined in OPA 90.
The devastating hurricane Katrina also led to an historic number of
oil spills. The Coast Guard has estimated that such spills could amount
to close to $1 billion. If these claims are made against the Fund, the
Fund will be quickly wiped out. That's why the Oil Pollution Prevention
and Response Act of 2006 would ensure that such claims would be covered
through the Stafford Act process and supplemental funding, and not
through the regular claims process of OPA 90. Finally, this bill would
require improved accountability of how monies from the Fund are
expended by Federal agencies.
The Coast Guard also testified in our hearing that we must remain
vigilant in our efforts to prevent oil spills. According to Coast Guard
data, although the number of oil spills from vessels has decreased
enormously since passage of OPA 90, the volume of oil spilled
nationwide is still significant. In fact, vessels spilled 665,432
gallons of oil in 1992, while in 2004, the total was higher, at 722,768
gallons. Significant numbers of spills are still occurring. In 2004,
there were 36 spills from tank ships, 141 spills from barges, and 1,562
spills from other vessels, including cargo ships. And even though the
number of spills from tankers declined from 193 spills in 1992 to 36
spills in 2004, a single incident from a vessel like the Exxon Valdez
can be devastating, as the recent Athos I incident in the Delaware
River and Bay demonstrates.

The bill I introduce today addresses a number of key areas to improve
prevention and response. Because human error is the leading cause of
accidental oil spills, the Coast Guard would be required to identify
and pass regulations to address the most frequent sources of human
error that have led to oil spills from vessels and ``near-misses.'' It
would require the Coast Guard to ensure the safety of single hull
tankers and other high-risk vessels by increasing inspections of such
vessels. The Oil Pollution Prevention and Response Act of 2006 also
would require the Coast Guard to address and reduce the increased risk
of oil spills from oil transfers. It would also make companies who
knowingly hire substandard single-hull tank vessels after 2010
``responsible parties'' in order to provide a disincentive for such
contracts.
Of particular importance to my state, the bill would provide a
mechanism for year-round funding of the Neah Bay rescue tug, a central
element of the oil spill prevention safety net for Washington state's
outer coast. It would also increase oil spill preparedness in the
Strait of Juan de Fuca by changing the definition of ``High Volume
Port'' for Puget Sound to make the westerly boundary begin at the entry
to the Strait. This change would require oil spill response equipment
to be stationed along the entire Strait and not just east of the
current line at Port Angeles. In addition, the Oil Pollution Prevention
and Response Act of 2006 would require improved coordination with
federally-recognized tribes on oil spill prevention, preparedness, and
response. Finally, the bill would codify into federal law the
establishment of the Oil Spill Advisory Council, which was created by
the Washington State Legislature and Governor Gregoire in the wake of
the October 2004 Daleo Passage Oil Spill. My bill would provide $1
million annually to support the Council's important work.
The slow response to the oil spill in Dalco Passage in the Puget
Sound was largely attributed to difficulties with detecting the oil
that was spilled. The Oil Pollution Prevention and Response Act of 2006
would reinvigorate a federal research program on oil spill prevention,
detection, and response, and would establish a grant program for the
development of cost-effective technologies for detecting discharges of
oil from vessels, including infrared, pressure sensors, and remote
sensing. It would also require the Secretary of Homeland Security, in
conjunction with other federal agencies, to conduct an analysis of the
condition and safety of all aspects of oil transportation in the United
States, and provide recommendations to improve such safety. This was a
specific recommendation of the U.S. Commission on Ocean Policy.
The Department of Justice has also noted that a major category of oil
spills are intentional discharges of oil from vessels. The United
States cannot address this problem alone. Thus, the bill would require
the Coast Guard to pursue stronger enforcement measures for oil
discharges in the International Maritime Organization and other
appropriate international organizations.
Oil spill prevention and response is timely for Congress'
consideration because waterborne transportation of oil in the United
States continues to increase, significant volumes of oil continue to be
released, and the potential for a major spill remains unacceptably
high. Recent spills involving significant quantities of oil have
occurred off the coasts of Alaska, Maine, Massachusetts, Oregon,
Virginia, and Washington, and involved barges, tankers, and non-tank
vessels.
One thing we've learned from these spills is that it is more cost-
effective to prevent oil spills than it is to clean-up oil once it is
released into the environment. We've also learned that although double
hulls and redundant steering do increase tanker safety, these
technologies are not a panacea and we need to do more to ensure against
oil spills.
The Federal Government has a responsibility to protect the Nation's
natural resources, public health, and environment by improving Federal
measures to prevent and respond to oil spills. I urge my colleagues to
consider this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2440

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Oil Pollution Prevention and
Response Act of 2006''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.

Title I--Prevention of Oil Spills

Subtitle A--Coast Guard Provisions

Sec. 101. Rulemakings.
Sec. 102. Safety standards for towing vessels.
Sec. 103. Inspections by Coast Guard.
Sec. 104. Oil transfers from vessels.
Sec. 105. Improvements to reduce human error.
Sec. 106. Navigational measures for protection of natural resources.
Sec. 107. Existing areas to be avoided.
Sec. 108. Higher volume port area regulatory definition change.
Sec. 109. Recreational boater outreach program.
Sec. 110. Improved coordination with tribal governments.
Sec. 111. Oil spill advisory council.

Subtitle B--National Oceanic and Atmospheric Administration Provisions

Sec. 151. Hydrographic surveys.
Sec. 152. Electronic navigational charts.

Title II--Response

Sec. 201. Rapid response system.
Sec. 202. Coast Guard oil spill database.
Sec. 203. Reports on certain Oil Spill Liability Trust Fund
expenditures.
Sec. 204. Use of funds.
Sec. 205. Limits on liability.
Sec. 206. Liability for use of unsafe single-hull vessels.
Sec. 207. Rescue tugs.
Sec. 208. International efforts on enforcement.
Sec. 209. Investment of amounts in damage assessment and restoration
revolving fund.

Title III--Research and Miscellaneous Reports

Sec. 301. Federal Oil Spill Research Committee.
Sec. 302. Grant project for development of cost-effective detection
technologies.
Sec. 303. Status of implementation of recommendations by the National
Research Council.
Sec. 304. GAO report.
Sec. 305. Oil transportation infrastructure analysis.

SEC. 3. FINDINGS.

The Congress finds the following:
(1) Oil released into the Nation's marine waters can cause
substantial, and in some cases irreparable, harm to the
marine environment.
(2) The economic impact of oil spills is substantial.
Billions of dollars have been spent

[[Page S2331]]

in the United States for cleanup of, and damages due to, oil
spills.
(3) The Oil Pollution Act of 1990, enacted in response to
the worst vessel oil spill in United States history,
substantially reduced the amount of oil spills from vessels.
However, significant volumes of oil continue to be released,
and the potential for a major spill remains unacceptably
high.
(4) Although the total number of oil spills from vessels
has decreased since passage of the Oil Pollution Act of 1990,
more oil was spilled in 2004 from vessels nationwide than was
spilled from vessels in 1992.
(5) Waterborne transportation of oil in the United States
continues to increase.
(6) Although the number of oil spills from tankers declined
from 193 in 1992 to 36 in 2004, spills from oil tankers tend
to be large with devastating impacts.
(7) While the number of oil spills from tank barges has
declined since 1992 (322 spills to 141 spills in 2004), the
volume of oil spilled from tank barges has remained constant
at approximately 200,000 gallons spilled each year.
(8) Oil spills from non-tank vessels averaged between
125,000 gallons and 400,000 gallons per year from 1992
through 2004 and accounted for over half of the total number
of spills from all sources, including vessels and non-vessel
sources.
(9) Recent spills involving significant quantities of oil
have occurred off the coasts of Alaska, Maine, Massachusetts,
Oregon, Virginia, and Washington, and involved barges, tank
vessels, and non-tank vessels.
(10) The existing statutory caps that limit liability for
responsible parties were set in 1990 and have not been
modified since. These liability levels no longer reflect the
costs of oil spills, particularly for barges and large non-
tank vessels. For example, the liability limit for the ATHOS
I oil spill was $45,400,000, but costs could exceed
$267,000,000. Similarly, the liability limit for the
SELENDANG AYU spill was $23,800,000 while the actual costs
will likely exceed $100,000,000.
(11) It is more cost-effective to prevent oil spills than
it is to clean-up oil once it is released into the
environment.
(12) Of the 20 major vessel oil spill incidents since 1990
where liability limits have been exceeded, 10 involved tank
barges, 8 involved non-tank vessels, 2 involved tankers, and
only 1 involved a vessel that was double-hulled.
(13) Although recent technological improvements in oil
tanker design, such as double hulls and redundant steering,
increase tanker safety, these technologies are not a panacea
and cannot ensure against oil spills, the leading cause of
which is human error.
(14) The Federal government has a responsibility to protect
the nation's natural resources, public health, and
environment by improving Federal measures to prevent and
respond to oil spills.

SEC. 4. DEFINITIONS.

In this Act:
(1) Area to be avoided.--The term ``area to be avoided''
means a routing measure established by the International
Maritime Organization as an area to be avoided.
(2) Non-tank vessel.--The term ``non-tank vessel'' means a
self-propelled vessel other than a tank vessel.
(3) Oil.--The term ``oil'' has the meaning given that term
by section 1001(23) of the Oil Pollution Act of 1990 (33
U.S.C. 2701(23)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating
except where otherwise explicitly stated.
(5) Tank vessel.--The term ``tank vessel'' has the meaning
given that term by section 1001(34) of the Oil Pollution Act
of 1990 (33 U.S.C. 2701(34)).
(6) Waters subject to the jurisdiction of the United
States.--The term ``waters subject to the jurisdiction of the
United States'' means navigable waters (as defined in section
1001(21) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(21)) as well as--
(A) the territorial sea of the United States as defined in
Presidential Proclamation Number 5928 of December 27, 1988;
and
(B) the Exclusive Economic Zone of the United States
established by Presidential Proclamation Number 5030 of March
10, 1983.

TITLE I--PREVENTION OF OIL SPILLS

Subtitle A--Coast Guard Provisions

SEC. 101. RULEMAKINGS.

(a) Status Report.--
(1) In general.--Within 90 days after the date of enactment
of this Act, the Secretary shall provide a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on the status of all Coast Guard rulemakings
required (but for which no final rule has been issued as of
the date of enactment of this Act)--
(A) under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.); and
(B) for--
(i) automatic identification systems required under section
70114 of title 46, United States Code; and
(ii) inspection requirements for towing vessels required
under section 3306(j) of that title.
(2) Information required.--The Secretary shall include in
the report required by paragraph (1)--
(A) a detailed explanation with respect to each such
rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably be
expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in
each pending rulemaking under the Oil Pollution Act of 1990
(33 U.S.C. 2701 et seq.) as soon as practicable, but in no
event later than 18 months after the date of enactment of
this Act.

SEC. 102. SAFETY STANDARDS FOR TOWING VESSELS.

In promulgating regulations for towing vessels under
chapter 33 of title 46, United States Code, the Secretary
shall--
(1) give priority to completing such regulations for towing
operations involving tank vessels;
(2) ensure that such regulations appropriately address the
risks from such operations, taking into account such factors
as vessel age and hull configuration; and
(3) consider the possible application of standards that, as
of the date of enactment of this Act, apply to self-propelled
tank vessels, and any modifications that may be necessary for
application to towing vessels due to ship design, safety, and
other relevant factors.

SEC. 103. INSPECTIONS BY COAST GUARD.

(a) In General.--The Secretary shall ensure that the
inspection schedule for all United States and foreign-flag
tank vessels that enter a United States port or place
increases the frequency and comprehensiveness of Coast Guard
safety inspections based on such factors as vessel age, hull
configuration, past violations of any applicable discharge
and safety regulations under United States and international
law, indications that the class societies inspecting such
vessels may be substandard, and other factors relevant to the
potential risk of an oil spill.
(b) Enhanced Verification of Structural Condition.--The
Coast Guard shall adopt, as part of its inspection
requirements for tank vessels, additional procedures for
enhancing the verification of the reported structural
condition of such vessels, taking into account the Condition
Assessment Scheme adopted by the International Maritime
Organization by Resolution 94(46) on April 27, 2001.

SEC. 104. OIL TRANSFERS FROM VESSELS.

(a) Regulations.--Within 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to
reduce the risks of oil spills in operations involving the
transfer of oil from or to a tank vessel. The regulations--
(1) shall focus on operations that have the highest risks
of discharge, including operations at night and in inclement
weather; and
(2) shall include--
(A) requirements for use of equipment such as putting booms
in place for transfers;
(B) operational procedures such as manning standards,
communications protocols, and restrictions on operations in
high-risk areas; or
(C) both such requirements and operational procedures.
(b) Application with State Laws.--The regulations
promulgated under subsection (a) do not preclude the
enforcement of any State law or regulation the requirements
of which are at least as stringent as requirements under the
regulations (as determined by the Secretary) that--
(1) applies in State waters; and
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations.

SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS
INCIDENTS.

(a) Report.--Within 1 year after the date of enactment of
this Act, the Secretary shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce
that--
(1) identifies the types of human errors that, combined,
account for over 50 percent of all oil spills involving
vessels that have been caused by human error in the past 10
years;
(2) identifies the most frequent types of near-miss oil
spill incidents involving vessels such as collisions,
groundings, and loss of propulsion in the past 10 years; and
(3) includes recommendations by the Secretary to address
the identified types of errors and incidents.
(b) Regulations.--Based on the findings contained in the
report required by subsection (a), the Secretary shall
promulgate regulations designed to reduce the risks of oil
spills from human errors.
(c) International Measures.--Based on the findings
contained in the report required by subsection (a), the
Secretary shall take appropriate action at the International
Maritime Organization to reduce the risk of oil spills from
human error internationally.

SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL
RESOURCES.

(a) Designation of At-risk Areas.--The Secretary and the
Undersecretary of Commerce for Oceans and Atmosphere shall
jointly identify areas where routing or other navigational
measures are warranted in waters subject to the jurisdiction
of the United States to reduce the risk of oil spills and
potential damage to natural resources. In identifying those
areas, the Secretary and the Undersecretary shall give
priority consideration to natural resources of particular
ecological importance or economic importance, including
commercial fisheries, aquaculture

[[Page S2332]]

facilities, marine sanctuaries designated by the Secretary of
Commerce pursuant to the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.), estuaries of national significance
designated under section 319 of the Federal Water Pollution
Control Act (33 U.S.C. 1330), critical habitats (as defined
in section 3(5) of the Endangered Species Act of 1973 (16
U.S.C. 1532(5)), estuarine research reserves within the
National Estuarine Research Reserve System established by
section 315 of the Coastal Zone Management Act of 1972, and
national parks and national seashores administered by the
National Park Service under the National Park Service Organic
Act (16 U.S.C. 1 et seq.).
(b) Factors Considered.--In determining whether
navigational measures are warranted, the Secretary and the
Undersecretary shall consider, at a minimum--
(1) the frequency of transits of vessels required to
prepare a response plan under section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j));
(2) the type and quantity of oil transported as cargo or
fuel;
(3) the expected benefits of routing measures in reducing
risks of spills;
(4) the costs of such measures;
(5) the safety implications of such measures; and
(6) the nature and value of the resources to be protected
by such measures.
(c) Establishment of Routing and Other Navigational
Measures.--The Secretary shall establish such routing or
other navigational measures for areas identified under
subsection (a).
(d) Establishment of Avoidance Areas.--To the extent that
the Secretary and the Undersecretary conclude that the
establishment of areas to be avoided is warranted under this
section, they shall seek to establish such areas through the
International Maritime Organization or establish comparable
areas pursuant to regulations and in a manner that is
consistent with international law.
(e) Oil Shipment Data and Report.--
(1) Data collection.--The Secretary, through the Commandant
of the Coast Guard and in consultation with the Army Corps of
Engineers, shall collect and analyze data on oil transported
as cargo on vessels in the navigable waters of the United
States, including information on--
(A) the quantity and type of oil being transported;
(B) the vessels used for such transportation;
(C) the frequency with which each type of oil is being
transported; and
(D) the point of origin, transit route, and destination of
each such shipment of oil.
(2) Report.--The Secretary shall transmit a report, not
less frequently than quarterly, to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce, on the data
collected and analyzed under paragraph (1) in a format that
does not disclose information exempted from disclosure under
section 552b(e) of title 5, United States Code.

SEC. 107. EXISTING AREAS TO BE AVOIDED.

(a) Enforcement of Existing Areas to be Avoided
Provisions.--The Secretary and the Under Secretary of
Commerce for Oceans and Atmosphere shall cooperate in
tracking compliance by vessels with the conditions and
requirements of areas to be avoided established in United
States waters, and shall enforce compliance with those
conditions and requirements. A violation of those conditions
and requirements is subject to a civil penalty of not more
than $100,000, and each day of a continuing violation
constitutes a separate violation.
(b) Olympic Coast Natural Marine Sanctuary Area to be
avoided.--The Secretary and the Undersecretary of Commerce
for Oceans and Atmosphere shall--
(1) revise the area to be avoided off the coast of the
State of Washington so that restrictions apply to all vessels
required to prepare a response plan under section 311(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j))
(other than fishing vessels while engaged in fishing within
the area to be avoided); and
(2) revise the area to be avoided to make the conditions
and requirements for that area to be avoided mandatory,
consistent with international law.
(c) Emergency Drill.--Beginning with 1 year after the date
of enactment of this Act, the Secretary shall conduct,
jointly with other Federal agencies and State, local, and
tribal governmental entities, regular, unannounced emergency
drills for responding to an oil spill in the Olympic Coast
National Marine Sanctuary.
(d) RACON Beacons.--The Secretary shall place 1 or more
radar beacons in or near the area to be avoided described in
subsection (b) in sites that maximize warnings to vessels of
the boundaries of that area.

SEC. 108. HIGHER VOLUME PORT REGULATORY DEFINITION CHANGE.

Within 30 days after the date of enactment of this Act,
notwithstanding subchapter 5 of title 5, United States Code,
the Commandant of the Coast Guard shall modify the definition
of the term ``higher volume port area'' contained in section
155.1020 of the Coast Guard regulations (33 C.F.R. 155.1020)
by striking ``Port Angeles, WA'' in paragraph (13) of that
section and inserting ``Cape Flattery, WA'' without
initiating a rulemaking proceeding.

SEC. 109. RECREATIONAL BOATER OUTREACH PROGRAM.

The Secretary shall establish an outreach program for
recreational boaters and commercial and recreational
fishermen to inform them about ways in which they can assist
in reducing the risk of an oil spill or release. The program
shall focus initially on regions in the country where, in the
past 10 years, the incidence of such spills has been the
highest.

SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

(a) In General.--The Secretary shall take such action as
may be necessary to improve the Coast Guard's consultation
and coordination with the tribal governments of Federally
recognized Indian tribes with respect to oil spill
prevention, preparedness, and response.
(b) Inclusion of Tribal Government.--The Secretary shall
ensure that, as soon as practicable after identifying an oil
spill that is likely to have an impact on natural resources
owned or utilized by a Federally recognized Indian tribe, the
Coast Guard will--
(1) ensure that representatives of the tribal government of
the affected tribes are included as part of the incident
response team established by the Coast Guard to respond to
the spill;
(2) share nonconfidential information about the oil spill
with the tribal government of the affected tribe; and
(3) to the extent practicable, involve tribal governments
in deciding how to respond to such spill.
(c) Cooperative Arrangements.--The Coast Guard may enter
into memoranda of understanding or similar arrangements with
tribal governments in order to establish cooperative
arrangements for oil pollution prevention, preparedness, and
response. Such memoranda may include training for
preparedness and response and provisions on coordination in
the event of a spill.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $500,000 for each of
fiscal years 2007 through 2011 to be used to execute and
implement memoranda of understanding under this section.

SEC. 111. OIL SPILL ADVISORY COUNCIL.

Section 5002(k) of the Oil Pollution Act of 1990 (33 U.S.C.
2732(k)) is amended by adding at the end the following:
``(4) Washington state program.--
``(A) In general.--For purposes of this paragraph, the oil
spill advisory council established by section 90.56.120 of
title 90 of the Revised Code of Washington is deemed to be an
advisory council established under this section. The
provisions of this section, other than this paragraph, do not
apply to that oil spill advisory council.
``(B) Funding.--The owners or operators of terminal
facilities or crude oil tankers operating in Washington State
waters shall provide, on an annual basis, an aggregate amount
of not more than $1,000,000, as determined by the Secretary.
Such amount--
``(i) shall be made available to the oil spill advisory
council established by section 90.56.120 of title 90 of the
Revised Code of Washington;
``(ii) shall be adjusted annually by the Consumer Price
Index; and
``(iii) may be adjusted periodically upon the mutual
consent of the owners or operators of terminal facilities or
crude oil tankers operating in Washington State waters and
the Council.''.

Subtitle B--National Oceanic and Atmospheric Administration Provisions

SEC. 151. HYDROGRAPHIC SURVEYS.

(a) Reduction of Backlog.--The Undersecretary of Commerce
for Oceans and Atmosphere shall continue survey operations to
reduce the survey backlog in navigationally significant
waters outlined in its National Survey Plan, concentrating on
areas where oil and other hazardous materials are
transported.
(b) New Surveys.--By no later than January 1, 2010, the
Undersecretary shall complete new surveys, together with
necessary data processing, analysis, and dissemination, for
all areas in United States coastal areas determined by the
Undersecretary to be critical areas.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Undersecretary for the purpose of
carrying out the new surveys required by subsection (b)
$68,000,000 for each of fiscal years 2007 through 2011.

SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.

(a) In General.--By no later than September 1, 2007, the
Undersecretary of Commerce for Oceans and Atmosphere shall
complete the electronic navigation chart suite for all
coastal waters of the United States.
(b) Priorities.--In completing the suite, the
Undersecretary shall give priority to producing and
maintaining the electronic navigation charts of the entrances
to major ports and the coastal transportation routes for oil
and hazardous materials, and for estuaries of national
significance designated under section 319 of the Federal
Water Pollution Control Act (33 U.S.C. 1330).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Undersecretary for the purpose of
completing the electronic navigation chart suite $6,200,000
for fiscal years 2007 and 2008.

TITLE II--RESPONSE

SEC. 201. RAPID RESPONSE SYSTEM.

The Undersecretary of Commerce for Oceans and Atmosphere
shall develop and implement a rapid response system to
collect and predict in situ information about oil

[[Page S2333]]

spill behavior, trajectory and impacts, and a mechanism to
provide such information rapidly to Federal, State, tribal,
and other entities involved in a response to an oil spill.

SEC. 202. COAST GUARD OIL SPILL DATABASE.

The Secretary shall modify the Coast Guard's oil spill
database as necessary to ensure that it--
(1) includes information on the cause of oil spills
maintained in the database; and
(2) is capable of facilitating the analysis of trends and
the comparison of accidents involving oil spills.

SEC. 203. REPORTS ON CERTAIN OIL SPILL LIABILITY TRUST FUND
EXPENDITURES.

(a) Annual Spending Report.--Title I of the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.) is amended by adding at
the end the following:

``SEC. 1021. ANNUAL EXPENDITURE REPORT.

``(a) In General.--No later than March 1 of each year after
2006, the Secretary shall provide an annual report on
spending for the preceding fiscal year on expenditures from
the Oil Spill Liability Trust Fund established by section
9509 of the Internal Revenue Code of 1986, whether or not
subject to annual appropriations, to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee
on Environment and Public Works, and the House of
Representatives Committee on Transportation and
Infrastructure and to the National Pollution Funds Center,
which shall make the report available to the public on its
Internet website.
``(b) Contents.--The report shall include--
``(1) a list of each expenditure of $500,000 or more from
the Fund during the fiscal year to which the report relates;
and
``(2) a description of how each such expenditure related
to--
``(A) oil pollution liability and compensation;
``(B) oil pollution prevention;
``(C) oil pollution preparedness;
``(D) oil spill removal;
``(E) natural resource damage assessment and restoration;
``(F) oil pollution research and development; or
``(G) other pollution-related activities.
``(c) Agency Reports.--Each Federal agency that receives
appropriated funds for use from the Fund shall--
``(1) maintain records of the purposes for which such funds
were obligated or expended in such detail as the Secretary
may require for purposes of the report required by subsection
(a); and
``(2) transmit the information contained in such records to
the Secretary at such time, in such form, and in such detail
as the Secretary may require for purposes of that report,
including a breakdown of expenditures described in subsection
(b)(1) and a description of the use of such expenditures in
accordance with subsection (b)(2).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this section.''.
(b) Audit Cooperation.--Section 1012(g) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(g)) is amended by
striking the last sentence and inserting the following:
``Each Federal agency that receives appropriated funds for
use from the Fund shall cooperate with, and provide requested
documentation to, the Comptroller General in carrying out
this subsection and the Secretary in carrying out section
1021.''.
(c) Use of Fund in National Emergencies.--Notwithstanding
any provision of the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.) to the contrary, no amount may be made
available from the Oil Spill Liability Trust Fund established
by section 9509 of the Internal Revenue Code of 1986 for
claims described in section 1012(a)(4) of that Act (33 U.S.C.
2712(a)(4)) attributable to any national emergency or major
disaster declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(d) Conforming Amendment.--Section 2 of the Oil Pollution
Act of 1990 (33 U.S.C. 2701 note) is amended by inserting
after the item relating to section 1020 the following:

``Sec. 1021. Annual expenditure report.''.

SEC. 204. USE OF FUNDS.

Section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) not more than $25,000,000 in each fiscal year shall
be available to the Secretary of Commerce for expenses
incurred by, and activities related to, response and damage
assessment capabilities of the National Oceanic and
Atmospheric Administration;''.

SEC. 205. LIMITS ON LIABILITY.

(a) Increase of Liability Limits.--Within 6 months after
the date of enactment of this Act, the Secretary, acting
through the Commandant of the Coast Guard, shall by
regulation revise the limits of liability specified in
section 1004(a) of that Act (33 U.S.C. 2704(a)) as follows:
(1) For a tank vessel under paragraph (1)--
(A) by substituting ``$2,400'' for ``$1,200'' in
subparagraph (A);
(B) by substituting ``$20,000,000'' for ``$10,000,000'' in
subparagraph (B)(i); and
(C) by substituting ``$6,000,000'' for ``$2,000,000'' in
subparagraph (B)(ii).
(2) For other vessels under paragraph (2)--
(A) by substituting ``$1,800'' for ``$600''; and
(B) by substituting ``$1,000,000'' for ``$500,000''.
(3) For offshore facilities other than deepwater ports, by
substituting ``$150,000,000'' for ``$75,000,000'' in
paragraph (3).
(b) Inflation Adjustment.--Section 1004(d)(4) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended by
striking ``significant''.
(c) Financial Responsibility.--Section 1016(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2716(a)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by inserting ``or'' after the semicolon in paragraph
(2); and
(3) by inserting after paragraph (2) the following:
``(3) any tank vessel over 100 gross tons (except a non-
self-propelled vessel that does not carry oil as cargo) using
any place subject to the jurisdiction of the United
States;''.

SEC. 206. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.

Section 1001(32) of the Oil Pollution Act of 1990 (33
U.S.C. 2702(d)) is amended by striking subparagraph (A) and
inserting the following:
``(A) Vessels.--In the case of a vessel--
``(i) any person owning, operating, or demise chartering
the vessel; and
``(ii) the owner of oil being transported in a tank vessel
with a single hull after December 31, 2010, if the owner of
the oil knew, or should have known, from publicly available
information that the vessel had a poor safety or operational
record.''.

SEC. 207. RESCUE TUGS.

Paragraph (5) of section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by
adding at the end the following:
``(J) Rescue tugs.--
``(i) In general.--The Secretary shall require the
stationing of a rescue tug in the entry to the Strait of Juan
de Fuca near Neah Bay and other areas designated by the
Secretary as areas where the risk of oil spill and the
remoteness of the area warrants. In selecting such areas for
designation, the Secretary shall consider the frequency of
transits by vessels required to prepare a response plan under
this paragraph, weather conditions, distance to existing
Federally required response equipment and vessels, and other
relevant criteria.
``(ii) Shared resources.--The Secretary may authorize
compliance with the rescue tug stationing requirement of
paragraph (1) through joint or shared resources between or
among entities to which this subsection applies.
``(iii) State requirements.--Nothing in this subparagraph
preempts the authority of any State to require the stationing
of rescue tugs in any area under State law or regulations.''.

SEC. 208. INTERNATIONAL EFFORTS ON ENFORCEMENT.

The Secretary, in consultation with the heads of other
appropriate Federal agencies, shall ensure that the Coast
Guard pursues stronger enforcement in the International
Maritime Organization of agreements related to oil
discharges, including joint enforcement operations, training,
and stronger compliance mechanisms.

SEC. 209. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND
RESTORATION REVOLVING FUND.

The Secretary of the Treasury shall invest such portion of
the damage assessment and restoration revolving fund
described in title I of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1991 (33 U.S.C. 2706 note) as is not, in the Secretary's
judgment, required to meet current withdrawals in interest-
bearing obligations of the United States in accordance with
section 9602 of the Internal Revenue Code of 1986.

TITLE III--RESEARCH AND MISCELLANEOUS REPORTS

SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE.

(a) Establishment.--There is established a committee to be
known as the Federal Oil Spill Research Committee.
(b) Membership.--The members of the Committee shall be
designated by the Undersecretary of Commerce for oceans and
Atmosphere and shall include representatives from the
National Oceanic and Atmospheric Administration, the United
States Coast Guard, the Environmental Protection Agency, and
such other Federal agencies as the President may designate. A
representative of the National Oceanic and Atmospheric
Administration, designated by the Undersecretary, shall serve
as Chairman.
(c) Duties.--The Committee shall coordinate a comprehensive
program of oil pollution research, technology development,
and demonstration among the Federal agencies, in cooperation
and coordination with industry, universities, research
institutions, State governments, tribal governments, and
other nations, as appropriate, and shall foster cost-
effective research mechanisms, including the joint funding of
research.
(d) Reports to Congress.--
(1) Not later than 180 days after the date of enactment of
this Act, the Committee shall submit to Congress a report on
the current state of oil spill prevention and response
capabilities that--
(A) identifies current research programs conducted by
governments, universities, corporate entities;

[[Page S2334]]

(B) assesses the current status of knowledge on oil
pollution prevention, response, and mitigation technologies;
(C) establishes national research priorities and goals for
oil pollution technology development related to prevention,
response, mitigation, and environmental effects;
(D) identifies regional oil pollution research needs and
priorities for a coordinated program of research at the
regional level developed in consultation with the State and
local governments, tribes;
(E) assesses the current state of spill response equipment,
and determines areas in need of improvement including amount,
age, quality, effectiveness, or necessary technological
improvements;
(F) assesses the current state of real time data available
to mariners, including water level, currents and weather
information and predictions, and assesses whether lack of
timely information increases the risk of oil spills; and
(G) includes such recommendations as the Committee deems
appropriate.
(2) Quinquennial updates.--The Committee shall submit a
report every fifth year after its first report under
paragraph (1) updating the information contained in its
previous report under this subsection.
(e) Advice and Guidance.--The Committee shall accept
comments and input from State and local governments, Indian
tribes, industry representatives, and other stakeholders.
(f) National Academy of Science Participation.--The
Chairman, through the National Oceanic and Atmospheric
Administration, shall contract with the National Academy of
Sciences to--
(1) provide advice and guidance in the preparation and
development of the research plan; and
(2) assess the adequacy of the plan as submitted, and
submit a report to Congress on the conclusions of such
assessment.
(g) Research and Development Program.--
(1) In general.--The Committee shall establish a program
for conducting oil pollution research and development. Within
180 days after submitting its report to the Congress under
subsection (c), the Committee shall submit to Congress a plan
for the implementation of the program.
(2) Program elements.--The program established under
paragraph (1) shall provide for research, development, and
demonstration of new or improved technologies which are
effective in preventing, detecting, or mitigating oil
discharges and which protect the environment, and include--
(A) high priority research areas described in the report;
(B) environmental effects of acute and chronic oil spills;
(C) long-term effects of major spills and the long-term
cumulative effects of smaller endemic spills;
(D) new technologies to detect accidental or intentional
overboard discharges;
(E) response capabilities, such as improved booms, oil
skimmers, and storage capacity;
(F) methods to restore and rehabilitate natural resources
damaged by oil discharges; and
(G) research and training, in consultation with the
National Response Team, to improve industry's and
Government's ability to remove an oil discharge quickly and
effectively.
(h) Grant Program.--
(1) In general.--The Undersecretary of Commerce for Oceans
and Atmosphere shall manage a program of competitive grants
to universities or other research institutions, or groups of
universities or research institutions, for the purposes of
conducting the program established under subsection (g).
(2) Applications and conditions.--In conducting the
program, the Undersecretary--
(A) shall establish a notification and application
procedure;
(B) may establish such conditions, and require such
assurances, as may be appropriate to ensure the efficiency
and integrity of the grant program; and
(C) may make grants under the program on a matching or
nonmatching basis.
(i) Facilitation.--The Committee may develop memoranda of
agreement or memoranda of understanding with universities,
States, or other entities to facilitate the research program.
(j) Annual Reports.--The chairman of the Committee shall
submit an annual report to Congress on the activities carried
out under this section in the preceding fiscal year, and on
activities proposed to be carried out under this section in
the current fiscal year.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce to carry out
this section--
(1) $200,000 for fiscal year 2007, to remain available
until expended, for contracting with the National Academy of
Sciences and other expenses associated with developing the
report and research program; and
(2) $2,000,000 for each of fiscal years 2007, 2008, and
2009, to remain available until expended, to fund grants
under subsection (h).
(l) Committee Replaces Existing Authority.--The authority
provided by this section supersedes the authority provided by
section 7001 of the Oil Pollution Act of 1990 (33 U.S.C.
2761) for the establishment of the Interagency Committee on
Oil Pollution Research under subsection (a) of that section,
and that Committee shall cease operations and terminate on
the date of enactment of this Act.

SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE
DETECTION TECHNOLOGIES.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall, by regulation, establish a grant program for the
development of cost-effective technologies for detecting
discharges of oil from vessels including infrared, pressure
sensors, and remote sensing.
(b) Matching Requirement.--The Federal share of any project
funded under subsection (a) may not exceed 50 percent of the
total cost of the project.
(c) Report to Congress.--Not later than 3 years after the
date of enactment of this Act the Secretary shall provide a
report to the Senate Committee on Commerce, Science, and
Transportation, and to the House of Representatives Committee
on Transportation and Infrastructure on the results of the
program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 2007, 2008, and 2009, to
remain available until expended.

SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS BY THE
NATIONAL RESEARCH COUNCIL.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary shall provide a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on whether the Coast Guard has implemented
each of the recommendations directed at the Coast Guard, or
at the Coast Guard and other entities, in the following
National Research Council reports:
(1) ``Double-Hull Tanker Legislation, An Assessment of the
Oil Pollution Act of 1990'', dated 1998.
(2) ``Oil in the Sea III, Inputs, Fates and Effects'',
dated 2003.
(b) Content.--The report shall contained a detailed
explanation of the actions taken by the Coast Guard pursuant
to the National Research Council reports. If the Secretary
determines that the Coast Guard has not fully implemented the
recommendations, the Secretary shall include a detailed
explanation of the reasons any such recommendation has not
been fully implemented, together with any recommendations the
Secretary deems appropriate for implementing any such non-
implemented recommendation.

SEC. 304. GAO REPORT.

Within 1 year after the date of enactment of this Act, the
Comptroller General shall provide a written report with
recommendations for reducing the risks and frequency of
releases of oil from vessels (both intentional and
accidental) to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure that includes the
following:
(1) Continuing oil releases.--A summary of continuing
sources of oil pollution from vessels, the major causes of
such pollution, the extent to which the Coast Guard or other
Federal or State entities regulate such sources and enforce
such regulations, possible measures that could reduce such
releases of oil.
(2) Double hulls.--
(A) A description of the various types of double hulls,
including designs, construction, and materials, authorized by
the Coast Guard for United States flag vessels, and by
foreign flag vessels pursuant to international law, and any
changes with respect to what is now authorized compared to
the what was authorized in the past.
(B) A comparison of the potential structural and design
safety risks of the various types of double hulls described
in subparagraph (A) that have been observed or identified by
the Coast Guard, or in public documents readily available to
the Coast Guard, including susceptibility to corrosion and
other structural concerns, unsafe temperatures within the
hulls, the build-up of gases within the hulls, ease of
inspection, and any other factors affecting reliability and
safety.
(3) Alternative designs for non-tank vessels.--A
description of the various types of alternative designs for
non-tank vessels to reduce risk of an oil spill, known
effectiveness in reducing oil spills, and a summary of how
extensively such designs are being used in the United States
and elsewhere.
(4) Response equipment.--An assessment of the sufficiency
of oil pollution response and salvage equipment, the quality
of existing equipment, new developments in the United States
and elsewhere, and whether new technologies are being used in
the United States.

SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANALYSIS.

The Secretary of the Department of Homeland Security shall,
in conjunction with the Secretary of Commerce, the Secretary
of Transportation, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate Federal
agencies, contract with the National Research Council to
conduct an analysis of the condition and safety of all
aspects of oil transportation infrastructure in the United
States, and provide recommendations to improve such safety,
including an assessment of the adequacy of contingency and
emergency plans in the event of a natural event.
______

By Mr. OBAMA:
S. 2441. A bill to authorize resources for a grant program for local
educational agencies to create innovation districts; to the Committee
on Health, Education, Labor, and Pensions.

[[Page S2335]]

Mr. OBAMA. Mr. President, I rise today to introduce a bill--the
``Innovation Districts for School Improvement Act''--to establish
grants to 20 school districts across the country. Through competitive
grants, these districts would be offered new resources in return for
systematic reforms and measurable results.
Today, in my own state, out of every 100 African-American or Latino
males in the Chicago schools at age 13, only 3 or fewer will continue
on to earn a degree from a 4-year college. The chances of success for a
young man of color in many of our urban school districts are the same
as the chance of a soldier in Napoleon's Grand Army surviving in the
dismal march to Moscow. That is considered a great historical folly, a
waste of a generation of young talent. How will we be judged?
Today, a good education is parceled out to some and denied to others,
handed down, as a privilege, from generation to generation. A good
education is denied not only to children of color in our cities, but
also to children living in poverty in our rural areas.
Today, 6 million middle and high school students are reading with
skills far below their grade level. Half of all teenagers are unable to
understand basic fractions, and half of all 9 year olds are unable to
perform basic multiplication or division. We now have one of the
highest high school dropout rates of any industrialized country.
This is a folly and a failure that hurts us all. As we continue in
this failure, other nations are moving ahead of us. We know that China
and India are training more skilled engineers, who are developing new
technologies and innovating in ways that result from their investments
in education. We live in a world where few American jobs are secure,
and we know that to compete successfully, we must better educate our
students. All our students: urban and rural, black and white, rich and
poor.
In fact, America's richest untapped source of talent may be in our
underserved cities and poor rural areas, among students now trapped in
inadequate schools. The best strategy for maintaining America's
economic preeminence is to give more students the knowledge and the
skills to innovate. To achieve this, our schools, too, must innovate.
That is why today I am introducing the Innovation Districts for
School Improvement Act. We need to make sure there is an effective
teacher in every classroom and an effective principal in every school.
We need to make sure teachers are not distributed in a way that
disproportionately places inexperienced and untrained teachers in
classrooms with students who need the best teachers. We need to help
young teachers get the training and coaching they need, and make sure
that experienced teachers have the career opportunities that make use
of their talents, giving the best ones a chance to train younger
teachers, and a reason to stay in their schools and take on added
roles.
Many schools do this and achieve encouraging results. The Innovation
Districts for School Improvement Act would apply lessons from these
successes, with school districts from across the country becoming
seedbeds for further reform. Innovation Districts will focus on teacher
recruitment, training, and retention, using successful residency-based
programs as a model. They would offer performance pay increases to
high-performing teachers, and financial incentives to teachers willing
to work in low income schools.
Innovation Districts would partner with local universities,
charitable foundations or community institutions to develop, execute,
and evaluate their reforms. Most importantly, Innovation Districts
would look at new ways to do things better, identify current practices
that prevent them from innovating, and show us that if we are willing
to support and rethink our schools, all our children can learn, all our
children can compete, and our schools can be the best in the world.
I hope my colleagues will support this important legislation.
______

By Mr. DURBIN:
S. 2442. A bill to require the President or the Committee on Foreign
Investment in the United States to submit to Congress draft
investigation reports on national security related investigations, to
address mandatory investigations by such committee, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. DURBIN. Mr. President, I rise today to introduce common sense
legislation that would improve the way we review proposed purchases of
American assets by foreign companies and governments.
Much has already been said about the prospect of Dubai Ports World
taking responsibility for some of the operations of our nation's ports.
The way that the Bush Administration has handled this situation has
made it very clear that the process we currently use to review the
national security implications of foreign acquisitions is simply not
working. We must do better.
Let me be clear: I do not believe that we should automatically
dismiss out of hand any potential foreign investments in this country.
Vibrant trade, when conducted sensibly and fairly, is good for America.
However, I think that for any proposed deal in which a foreign
company would take over important responsibilities related to America's
critical infrastructure--whether it be our ports, our railroads, our
airports, or anything else that is fundamental to our national
security--we should take a very close look at such a deal.
For any proposed deal in which a foreign country would take over any
of our nations' companies, we should take an even closer look.
I strongly believe that we should be building our ties with friendly
Arab nations, through diplomacy, trade, and all of the other mechanisms
we have at our disposal. However, the process by which this Dubai Ports
World deal was waved through by the Bush Administration without
anything resembling a thorough review of the security risks is simply
not good enough.
This bill would improve the review process in five ways.
First, my legislation would require that a more thorough 45-day
investigation be undertaken by the Committee on Foreign Investment in
the United States (CFIUS) when either of two situations occurs: when a
foreign government wants to purchase any assets in the United States,
and when a foreign-owned company wants to purchase critical
infrastructure in the United States.
Second, my bill would mandate that at least 7 days before the end of
a foreign investment review, the CFIUS chair must submit a draft of its
report to the Homeland Security committees in each chamber.
Third, when the CFIUS review is completed, each cabinet secretary
whose agency has been involved in the review must certify in writing
his or her agreement or dissent.
Fourth, under current law, the President can only block a transaction
when the buyer ``might fail to take necessary action to prevent
impairment of the national security,'' which is an extraordinarily high
threshold for action. My bill would lower the threshold so that the
President can realistically take action in more ambiguous situations
where there is credible evidence that the buyer itself presents a
national security threat.
Fifth, the bill would mandate that CFIUS should be chaired by the
Secretary of Homeland Security instead of the Secretary of the
Treasury.
I believe that these common sense reforms will support healthy trade
and investment, but will at the same time ensure that foreign
investments in American assets do not compromise our national security.
I look forward to working with my colleagues to combine my bill with
the many other good ideas that have been proposed in order to pass
legislation that will make this review process stronger.
Our national security--and our economic strength--depend on it.
______

By Mr. McCAIN:
S. 2443. A bill to grant the power to the President to reduce budget
authority; to the Committee on Rules and Administration.
Mr. McCAIN. Mr. President, in his final State of the Union Address,
President Reagan stood for the last time before both Houses of Congress
and asked for line-item veto authority for future Presidents.
On that evening, the President had with him three pieces of
legislation: an

[[Page S2336]]

appropriations bill that was 1,053 pages long and weighed 14 pounds; a
budget reconciliation bill that was 1,186 pages long and weighed 15
pounds; and a continuing resolution that was 1,057 pages long and
weighed 14 pounds. President Reagan slammed down on the lectern the 43
pounds of paper and ink, which represented 1 trillion dollars' worth of
spending. He did so to emphasize the magnitude of wasteful spending in
the bills--spending that the President could not stop unless he was
willing to veto each piece of legislation in its entirety. In the case
of the continuing resolution, that would have meant that the Federal
government would shut down.
Almost 20 years later we are in exactly the same situation we were in
when President Reagan said to Congress, ``Let's help ensure our future
of prosperity by giving the President a tool that, though I will not
get use to use it, is one I know future Presidents of either party must
have. Give the President the same authority that 43 Governors use in
their States: the right to reach into massive appropriation bills, pare
away the waste, and enforce budget discipline. Let's approve the line-
item veto.''
Last week, President Bush rightly renewed Ronald Reagan's call for
line-item veto authority by sending to Congress a legislative proposal
for a form of line-item veto authority known as expedited rescission.
That proposal was introduced as the Line Item Rescission Act of 2006
shortly after the President offered it. I am an original cosponsor of
that legislation, which would authorize the President to propose
spending and targeted tax benefits that would ultimately have to be
approved by a majority of each House of Congress. The Line Item
Rescission Act is one way to give the President more authority to
impose fiscal restraint, and if it were enacted it would constitute a
significant move in Washington, DC, towards fiscal discipline.
Today, I am introducing the Separate Enrollment and Line Item Veto
Act of 2006 to present what I believe is a stronger approach to
granting the President true line-item veto power. Under this proposal,
which is crafted to ensure its constitutionality, each item of every
appropriation measure and authorization measure containing new direct
spending or new targeted tax benefits passed by Congress would be
separately enrolled. The President would then be able to consider each
item as a separate bill and would have the power to veto items that, as
President Bush has said, constitute unneeded spending that reflects
special interests instead of the people's interest.
We must keep in mind that even strong line-item veto authority will
not solve all of our fiscal problems. We also desperately need to
reform our earmarking process and our lobbying practices--and we must
remember that it is ultimately Congress's responsibility to control
spending. However, granting the President line-item veto authority
would go a long way toward restoring credibility to a system ravaged by
congressional waste and special interest pork. I look forward to the
Senate's consideration of line-item veto legislation, and I trust that
Congress will act on such legislation soon.
______

By Mr. AKAKA (for himself and Mr. Inouye):
S. 2444. A bill to amend the National Dam Safety Program Act to
establish a program to provide grant assistance to States for the
rehabilitation and repair of deficient dams; to the Committee on
Environment and Public Works.
Mr. AKAKA. Mr. President, I rise today, along with my good friend and
colleague Senator Daniel Inouye, to introduce the Senate companion to
H.R. 1105, the Dam Rehabilitation and Repair Act, which was introduced
by Representative Sue Kelly and co-sponsored by my colleagues from the
State of Hawaii, Representatives Neil Abercrombie and Ed Case.
The Dam Rehabilitation and Repair Act will improve the safety of our
Nation's dams by establishing a Federal program to assist Hawaii and
other states in rehabilitating publicly owned dams that pose a risk to
public safety.
Storms that struck Hawaii in recent weeks remind us that the
devastation wrought by the collapse of a dam can be severe and tragic.
All too often, these catastrophic collapses come with little or no
warning, leaving those in the path of flooding with no time to avoid
danger.
Dam safety is a neglected aspect of our homeland security. While we
plan for the possibility that terrorists may attack our infrastructure,
we fail to fully recognize that critical infrastructure is also subject
to the forces of nature and, therefore, prone to wear and tear. Just as
we must guard against attacks on our critical infrastructure, we must
also be attentive to its maintenance.
Our Nation has thousands of dams. The homes and businesses of
millions of Americans are in the path of potentially catastrophic
flooding that could result from dam failures. Some of our great cities
are at risk, as are vast tracts of our most productive agricultural
land. Although dams are often out of sight and given little regard in
everyday life, we put lives and property at peril when we fail to
properly maintain them.
The Dam Rehabilitation and Repair Act takes an important step forward
by allocating Federal funds for the repair and rehabilitation of
publicly owned dams that are deemed to be unsafe. Specifically, this
bill will: Mandate the Director of the Federal Emergency Management
Agency (FEMA) to establish a program providing grant assistance to
states for the repair of dams that pose a public safety risk; require
the FEMA Director to determine appropriate procedures for awarding
grants and allocating funds; establish a risk-based priority system to
identify dams in need of repair; and establish a cost sharing
arrangement between the Federal Government and States.
In addition, I am working to ensure that both public and private dams
receive the maintenance they need for the public's safety, and I
appreciate the technical assistance that the American Society of Civil
Engineers has given me on this critical problem. I look forward to
working with my colleagues to pass legislation that augments the
National Dam Safety Program and provides states with the necessary
assistance to protect the public.
I ask unanimous consent to print in the Record at this point a letter
from the Dam Safety Coalition endorsing this legislation and that text
of the legislation be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Dam Safety Coalition,

March 16, 2006.
Hon. Daniel Akaka,
U.S. Senate,
Washington, DC.
Dear Senator Akaka: The dam safety, engineering, and
construction community would like to commend you for your
commitment to dam safety and for introducing the Dam Repair
and Rehabilitation Act in U.S. Senate. The legislation would
fill a vital need in our infrastructure by developing a
federal funding program devoted to repairing the nation's
unsafe dams.
Dams are a vital part of our nation's aging infrastructure
and provide enormous benefits to the majority of Americans--
benefits that include drinking water, flood protection,
renewable hydroelectric power, navigation, irrigation and
recreation. Yet, these critical daily benefits' provided by
the nation's dams are inextricably linked to the potential
consequences of a dam failure if the dam is not maintained,
or is unable to impound water, pass large flood events or
withstand earthquake events in a safe manner.
In 2005, ASCE published the Report Card for America's
Infrastructure giving the condition of our nation's dams a
grade of D, equal to the overall infrastructure grade. States
have identified 3,500 unsafe or deficient dams, many being
susceptible to large flood events or earthquakes. The
Association of State Dam Safety Officials, in its October
2003 report entitled ``The Cost of Rehabilitating Our
Nation's Dams'', estimated that $10 billion would be needed
to repair the most critical dams over the next 12 years.
It is a reasonable expectation of every American to be
protected by our government; including protection from
preventable disasters such as dam failures.
We look forward to working with you to enact the Dam
Rehabilitation and Repair Act in the 109th Congress.
Sincerely,
Brian Pallasch,
Co-Chair, Dam Safety Coalition.
____

S. 2444

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Dam Rehabilitation and
Repair Act of 2006''.

SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

(a) Definitions.--Section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) is amended--

[[Page S2337]]

(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (12), (13), (14), and (15),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that, as determined by the State within the boundaries of
which the dam is located--
``(A) fails to meet minimum dam safety standards of the
State; and
``(B) poses an unacceptable risk to the public.''; and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam to
meet applicable State dam safety and security standards.''.
(b) Program for Rehabilitation and Repair of Deficient
Dams.--The National Dam Safety Program Act is amended by
inserting after section 8 (33 U.S.C. 467f) the following:

``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

``(a) Establishment of Program.--The Director shall
establish, within FEMA, a program to provide grants to States
for use in rehabilitation of publicly-owned deficient dams.
``(b) Grants.--
``(1) In general.--In carrying out the program established
under subsection (a), the Director--
``(A) may provide grants to States for the rehabilitation
of deficient dams; and
``(B) shall enter into a project grant agreement with each
State that receives a grant to establish the terms of the
grant and the project, including the amount of the grant.
``(2) Application.--To receive a grant under this section,
a State shall submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require, by regulation.
``(c) Priority System.--The Director, in consultation with
the Board, shall develop a risk-based priority system for use
in identifying deficient dams for which grants may be
provided under this section.
``(d) Allocation of Funds.--During a fiscal year, of
amounts appropriated pursuant to subsection (f)(1) for that
fiscal year--
``(1) \1/3\ shall be distributed equally among the States
that receive grants under this section; and
``(2) \2/3\ shall be distributed among the States described
in paragraph (1) based on the ratio that--
``(A) the number of non-Federal publicly-owned dams located
within the boundaries of a State that the Secretary of the
Army identifies in the national inventory of dams maintained
under section 6 as constituting a danger to human health;
bears to
``(B) the number of non-Federal publicly-owned dams so
identified located within the boundaries of all States that
receive grants under this section.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made
under this section shall be not more than 65 percent.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section, to remain available until
expended--
``(A) $50,000,000 for fiscal year 2007; and
``(B) $100,000,000 for each of fiscal years 2008 through
2010.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA
as the Director determines to be necessary to carry out this
section $400,000 for each of fiscal years 2007 through 2009,
to remain available until expended.''.

SEC. 3. RULEMAKING.

(a) Proposed Rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Under Secretary for
Emergency Preparedness and Response, acting through the
Director of the Federal Emergency Management Agency, shall
issue a notice of proposed rulemaking regarding the
amendments made by section 2 to the National Dam Safety
Program Act (33 U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Under Secretary for Emergency
Preparedness and Response, acting through the Director of the
Federal Emergency Management Agency, shall promulgate a final
rule regarding the amendments described in subsection (a).
______

By Mr. DURBIN (for himself and Mr. Obama):
S. 2445. A bill to permit certain school districts in Illinois to be
reconstituted for purposes of determining assistance under the Impact
Aid program; to the Committee on Health, Education, Labor, and
Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2445

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

SECTION 1. ELIGIBILITY FOR IMPACT AID PAYMENT.

(a) Local Educational Agencies.--Notwithstanding section
8013(9)(B) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)(B)), North Chicago Community Unit
School District 187, North Shore District 112, and Township
High School District 113 in Lake County, Illinois, and
Glenview Public School District 34 and Glenbrook High School
District 225 in Cook County, Illinois, shall be considered
local educational agencies as such term is used in and for
purposes of title VIII of such Act.
(b) Computation.--Notwithstanding any other provision of
law, federally connected children (as determined under
section 8003(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(a))) who are in attendance in the
North Shore District 112, Township High School District 113,
Glenview Public School District 34, and Glenbrook High School
District 225 described in subsection (a), shall be considered
to be in attendance in the North Chicago Community Unit
School District 187 described in subsection (a) for purposes
of computing the amount that the North Chicago Community Unit
School District 187 is eligible to receive under subsection
(b) or (d) of such section if--
(1) such school districts have entered into an agreement
for such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District
187 under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts
only for the direct provision of educational services.
______

By Mr. DURBIN:
S. 2448. A bill to increase the minimum penalties for violations of
the Federal Mine Safety and Health Act of 1977, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I rise today to introduce the Mine Safety
Enforcement, Reporting, and Training Act. This bill will raise the
minimum fine for safety violations from $60 to $500, require coal mine
operators to pay fines up front, require a public yearly report of fine
payments, and double funding for education and training grants to
States from $10 million to $20 million.
The recent tragic events in West Virginia and Kentucky have captured
the Nation's attention and exposed the serious dangers our miners face
every day. Safety violations often result in injuries that cost miners
their health, livelihood or lives. Safety inspectors have advised me
that the fines need to be tougher when a company violates our safety
laws and that we need to put more resources into training inspectors.
The vast majority of fines issued in 2005 were under $100.
Unfortunately, many multimillion dollar mining companies view these
fines no worse than a minor speeding ticket. Hopefully, raising the
minimum fine from $60 to $500 will prompt these companies to get
serious about making safety improvements.
Many coal operators are taking advantage of the current system which
allows them to withhold payment of fines levied against them while
negotiating to reduce the amount of those fines. From 2001 to 2003,
more than two-thirds of all major fines were reduced from the original
amount imposed by safety inspectors from the Mine Safety and Health
Administration (MSHA). MSHA reports that of the fines that are
appealed, the average reduction is 47 percent.
Moreover, since 2001, almost half of all fines have not been
collected. Federal records also show that in the last two years the
federal mine safety agency has failed to hand over any delinquent cases
to the Treasury Department for further collection efforts, as is
supposed to occur after 180 days. I believe that a public report card
of fine payments gives us the chance to grade these companies and make
necessary changes before we have another tragic accident on our hands.
Over the years, funding for education and training grants has
steadily declined--seriously impacting the agency's ability to meet the
training needs of individual States. Nationally, MSHA awards up to $10
million in grants annually, and like many other states, my home state
of Illinois has witnessed a reduction in grants in the past ten years,
which is especially troublesome during a time of revived coal mining
activity. State regulating agencies, such as the Illinois Office of
Mines and Minerals, uses the funds it receives from MSHA to purchase
safety vehicles, rescue training equipment and to

[[Page S2338]]

help train new coal mine employees. Not only are state mine agencies
unable to purchase new equipment as old equipment wears out, but state
agencies are having trouble purchasing modern mine rescue training
equipment.
I hope that my colleagues will join me in this effort to increase
enforcement efforts, public reporting of violations, and education and
training grants for the benefit of our coal miners across the country.
Our coal miners deserve no less.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2448

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Mine Safety Enforcement,
Reporting, and Training Act''.

SEC. 2. INCREASED MINIMUM PENALTIES FOR, AND IMMEDIATE
PAYMENT OF, MINE SAFETY VIOLATIONS.

(a) Increased Minimum Penalties.--Section 110 of the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is
amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l) Minimum Penalty.--The amount of a fine or civil
penalty assessed for a violation of a mandatory health or
safety standard or other provision of this Act shall be not
less than $500.''; and
(3) in subsection (g), by striking ``shall not be more than
$250'' and inserting ``shall be $500''.
(b) Immediate Payment of Penalties.--Section 110(j) of the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(j))
is amended by adding at the end the following: ``An operator
shall pay a civil penalty owed under this Act promptly after
such penalty is assessed and prior to contesting the penalty
before the Commission or appealing the decision to the
appropriate court.''.
(c) Report.--Section 110 of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 820) is further amended by
adding at the end the following:
``(n) Report.--
``(1) In general.--The Secretary shall annually prepare and
submit a report to Congress detailing, for the previous
fiscal year--
``(A) the amount of fines assessed under this Act for each
operator;
``(B) the amount of fines actually collected from each
operator; and
``(C) the total amount of fines assessed, and the total
amount of fines collected, under this Act.
``(2) Availability on internet.--The Secretary shall post
the report described in paragraph (1) on the website of the
Department of Labor in a conspicuous and prominent
location.''.

SEC. 3. INCREASING AUTHORIZATION OF APPROPRIATIONS FOR HEALTH
AND SAFETY GRANTS.

Section 503(h) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 953(h)) is amended in the first sentence by
striking ``$10,000,000'' and inserting ``$20,000,000''.
______

By Mr. KERRY (for himself, Mr. Dayton, Mr. Durbin, Mr. Johnson,
Mr. Lautenberg, Ms. Mikulski, Mr. Menendez, and Mr. Reid):
S. 2449. A bill to amend title 10, United States Code, to reduce the
age for receipt of military retired pay for nonregular service from 60
years of age to 55 years of age; to the Committee on Armed Services.
Mr. KERRY. Mr. President, for several years members of this Chamber
have worked to reduce the age that retired members of the National
Guard and Reserve can receive their retirement pay from 60 to 55.
Senator Corzine offered such legislation in the first session of this
Congress, and I was delighted to co-sponsor it. With Senator Corzine's
departure from the Senate for the New Jersey State House, we have
reassembled the body of co-sponsors and are introducing this
legislation again to signal our continued commitment to addressing this
issue.
The issue is simple. If you join the active duty Army at age 18 and
serve 20 years on active duty, retiring at age 38, you are immediately
eligible to receive retirement pay. If you join the National Guard or
Reserves, you may retire after 20 years, but you must wait until age 60
to begin collecting retirement pay. A 38-year-old veteran of the Guard
and Reserves must wait 22 years to see any of their retirement pay.
To be sure, everyone recognizes the difference between service in the
active component and the reserve component in peace time. But since
September 11, 2001, as we are reminded almost daily, we have been a
Nation at war. Our National Guard and Reserves have been fully engaged
in the War against al Qaeda and the War in Iraq. As of last week,
nearly 120,000 reservists were mobilized, including 1,230 troops from
my home state of Massachusetts. And sadly, almost 600 members of the
Guard and Reserves have made the ultimate sacrifice for this country.
We can never fully express our Nation's gratitude for their service
and sacrifice, but we can try to make benefits and compensation more
worthy of the commitment and service shown by America's citizen
soldiers. That's exactly what the legislation I introduce today seeks
to accomplish. I'm delighted to be joined in this effort by Senators
Dayton, Durbin, Johnson, Lautenberg, Mikulski, Menendez, and Reid.
It is no secret that our all volunteer force is stretched. Recruiting
numbers have sagged under the anxieties and concerns of a nation at
war. Retention has remained healthy to date, but as the nation
approaches its 5th year of war, we must be proactive in seeking to
support those who have already done so much for us. Reducing the age at
which members of the Guard and Reserves can receive their retirement
pay can help make continued service more attractive, retaining those in
whom America has already invested so much.
We are asking for more from our National Guard and Reserve members
than ever before. In turn we should be providing them with what they
deserve and have certainly earned. This legislation would be a small
step in the right direction to honor the service of these Americans and
to ensure their continued strength.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2449

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

SECTION 1. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED
PAY FOR NONREGULAR SERVICE.

(a) Reduction in Age.--Section 12731(a)(1) of title 10,
United States Code, is amended by striking ``at least 60
years of age'' and inserting ``at least 55 years of age''.
(b) Application to Existing Provisions of Law or Policy.--
With respect to any provision of law, or of any policy,
regulation, or directive of the executive branch that refers
to a member or former member of the uniformed services as
being eligible for, or entitled to, retired pay under chapter
1223 of title 10, United States Code, but for the fact that
the member or former member is under 60 years of age, such
provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60
years of age, a reference to the age in effect for
qualification for such retired pay under section 12731(a) of
title 10, United States Code, as amended by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act
and shall apply to retired pay payable for that month and
subsequent months.
______

By Mr. AKAKA (for himself and Mr. Durbin):
S. 2450. A bill to strengthen national security by encouraging and
assisting in the expansion and improvement of educational programs in
order to meet critical needs at the elementary, secondary, and higher
education levels, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. AKAKA. Mr. President, I rise today to reintroduce legislation
with Senator Durbin that will increase educational opportunities in
science, technology, engineering, mathematics (STEM), and foreign
languages for all students.
Last month, I shared with my colleagues the need to expand
educational opportunities in these areas so that the youth of today can
meet the challenges of tomorrow. The President, in his State of the
Union address, said that America's ability to compete in global markets
and to defend the nation against foreign threats depends on the
strength of our educational system. On this point, he and I agree. Our
future national and economic security are tied directly to our
mathematical, scientific, and linguistic acumen.
For example, prior to 9/11, the Intelligence Community was not
prepared

[[Page S2339]]

to handle the challenge of translating the volumes of foreign language
counter-terrorism intelligence it had collected. The Intelligence
Community faced backlogs in material awaiting translation, a shortage
of language specialists and language-qualified field officers, and a
readiness level of only 30 percent in the most critical foreign
languages. This news, however, was not new. In 2000, Ellen Laipson,
Vice Chairman of the National Intelligence Council, reported similar
problems and said that thousands of technical papers providing details
on foreign research and development in scientific or technical areas
were not being translated because of the lack of personnel to interpret
the material, which could lead to the possibility of ``a technological
surprise.''
It is clear that our national security relies on having a workforce
skilled in the areas of science, technology, engineering, math, and
foreign languages. We need to take action to strengthen education in
these areas so that the United States can compete, prosper, and be
secure in the 21st Century. A major investment in America's education
system is necessary to ensure that we can communicate with and
understand the cultures of our world partners and competitors. In the
words of the Committee for Economic Development, ``we must redefine, as
each generation has done, what it means to be an educated American in a
changing world.'' Enactment of the Homeland Security Education Act
provides the framework to enhance our education system to ensure that
our nation's youth will have the skills needed for success.
Our education system must be reenergized and reinvigorated to meet
the needs of our nation by preparing students to be proficient in
foreign languages and leaders in the scientific and engineering fields.
Our schools need the equipment and the materials to teach the critical
STEM and foreign language courses and bring these subjects to life. To
address these issues our bill would: encourage public private
partnerships to improve science and math curricula; upgrade laboratory
facilities; provide scholarships for students to study math, science,
or engineering at the university level; and establish internship and
mentoring opportunities for students in grades K through 12; develop
cultural awareness and immersion programs in colleges and universities
that combine science, technology, and engineering instruction with
foreign language to expand international understanding and scientific
collaboration; and create language learning pathways to facilitate
proficiency in critical foreign languages from Kindergarten through
graduate school.

However, no amount of funding or new programs will address the
problem if there are not enough teachers trained in these subjects. To
address the shortage of STEM and foreign language teachers, our bill
includes provisions to award scholarships in the amount of $15,000 to
language-proficient individuals and practicing scientists and engineers
to return to school and earn their degrees and become certified to
teach these critical skills to students in high-need, low income
schools. Our bill would also allow National Security Education Program
scholarship and fellowship recipients to meet their service
requirements by teaching in these critical areas if they cannot find a
national security position in the Federal Government.
A key provision in the Homeland Security Education Act focuses on
foreign language teacher training by awarding grants to facilitate
partnerships between K through 12 schools and institutions of higher
education to build professional development programs, summer workshops
or institutes, and foreign language distance learning programs for
elementary and secondary school teachers.
In addition to providing new programs and teachers, we must encourage
students to study these subjects. The U.S. currently lags far behind
other countries in the number of students majoring in these critical
areas. We must reverse this trend if we are to ensure an adequate
supply of science, technology, engineering, and mathematics expertise
in the years ahead. For example, only 32 percent of undergraduates in
the United States receive their degrees in science and engineering,
compared to 59 percent in China and 66 percent in Japan. The statistics
are even worse for foreign language education, where fewer than one in
10 college students enroll in a foreign language class. Our bill would
provide financial incentives for students to take the tough classes,
earn their degrees, and be trained in the skills that will help America
succeed by providing them with $5,000 scholarships to earn degrees in
STEM or a foreign language.
I am proud of my home State of Hawaii, which appreciates the
importance of learning other languages and understanding other cultures
and where high school seniors take Advanced Placement (AP) exams in
calculus, chemistry, physics, and science at rates that are higher
than, and in some cases nearly double, the national average. Still,
there definitely is room for more students to take AP exams and excel
in these important areas.
The Homeland Security Education Act would help make this a reality by
complementing efforts such as the PACE bills, Senator Kennedy's
legislation, and the President's education initiatives--all of which I
support because they are positive steps to increasing educational
opportunities in critical STEM and foreign language studies.
Professor Richard Schmidt, Director of the National Foreign Language
Resource Center at the University of Hawaii, said that ``this
legislation has strong potential to produce the kind of close
articulation between K through 12 and higher education programs that
has been very difficult in the past.''
I wish to thank Professor Schmidt, the University of Hawaii College
of Education, and the National Council for Languages and International
Studies for supporting this bill. I ask unanimous consent that letters
of support be printed in the Record
Education serves as the catalyst to ensure our Nation's long-term
security. To remain a world leader we need Americans who are well-
educated and who can communicate in the global marketplace. The bill we
introduce today will help us meet these essential requirements.
I urge my colleagues to support the Homeland Security Education Act,
and I look forward to working with them to strengthen our national
security through enactment of our bill.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
National Council for Languages

and International Studies,

Washington, DC, March 6, 2006.
Hon. Daniel Akaka,
U.S. Senate,
Washington, DC.
Dear Senator Akaka: I am writing on behalf of the National
Council for Languages and International Studies, representing
54 member language and international education associations,
to thank you for sponsoring the Homeland Security Education
Act (HSEA), which increases federal investment in foreign
language education, specifically in languages of critical
need to national security.
The benefits of language learning as a part of a basic
education cannot be overstated. In addition to learning
another language, studies indicate that students develop
better problem-solving and cognitive skills. In addition to
being an essential part of a basic education, recent events
have demonstrated that early language learning is also
imperative for national security. The events of September
11th brought to light the scarcity of highly qualified
language professionals in the federal government workforce.
Our nation cannot develop the high-level language expertise
necessary to national security and economic competitiveness
if we do not have the programs that encourage proficiency in
critical languages.
Recent studies and initiatives such as the National
Security Language Initiative, the Lincoln Commission Report,
and the Center for Education Development's report, Education
for Global Leadership: The Importance of lnternational
Studies and Foreign Language Education for U.S. Economic and
National Security provide a much-needed framework to develop
foreign language skills by calling for the implementation of
new and expanded language programs at all levels of education
and in the workforce. HSEA will provide the resources needed
to develop such critical programs.
Legislation like HSEA provides the framework and funding
that is critical to carrying out these initiatives at the
primary, secondary and higher education levels. Its focus on
encouraging students to continue their language education as
well as providing the grants needed for institutions of
higher education to develop and strengthen foreign language
programs, this bill will create the resources needed to
address the issues facing the U.S. in today's world.
This comprehensive and forward thinking legislation is
sorely needed. Thank you for

[[Page S2340]]

your assistance and support of languages, international
education and programs that promote better understanding of
other languages and cultures. If there is anything we can do
to help, please let us know.
Sincerely,
J. David Edwards, PhD,
Executive Director.
____

University of Hawai`i at Manoa,

College of Education,

Honolulu, Hawai`i, March 9, 2006.
Hon. Daniel K. Akaka,
U.S. Senate, 141 Hart Senate Office Building, Washington, DC.
Dear Senator Akaka: I am writing on behalf of the faculty
and students of the University of Hawai`i, College of
Education to express my enthusiastic support for the Homeland
Security Education Act proposed by you and Senator Durbin.
It is clear that if we are to remain leaders in this
increasingly competitive world, America needs a workforce
skilled in science, mathematics, computer science, and
engineering. We also need a larger population of people able
to speak foreign languages and relate well with people from
other countries and cultures.
The Homeland Security Education Act is designed very well
to address this need, as it provides scholarships for college
students entering those fields and for teacher candidates in
the sciences, mathematics, and languages. It also provides
grants to assist K-12 schools in improving related
instruction, to improve facilities and obtain equipment.
Three different grant programs support efforts to improve the
numbers of foreign language speakers. The student loan
program also holds promise of encouraging more people to
enter these fields.
As Dean of the College of Education, I know first hand how
difficult it is to attract teacher candidates into
mathematics or science. The scholarships provided through the
Homeland Security Education Act will help us encourage more
students to enter these teaching fields. It may also be
helpful if the student loan repayment program could be
applied to individuals who enter the teaching profession and
teach in some of our more difficult to staff public schools.
I am also finding it very difficult to find mathematics and
science educators to teach in our teacher preparation
programs. There is a severe national shortage of mathematics
and science educators with doctoral degrees. You may want to
consider providing support to individuals to obtain
doctorates in these areas.
Your Homeland Security Education Act addresses a very
serious problem. If we do not address this problem today, our
nation will suffer because of it in the near future and for
many years to come. I sincerely hope that your colleagues in
congress will share your vision and choose to support this
important legislation.
Thank you for your good leadership and for your continued
support for excellent education for all children.
Sincerely,
Randy Hitz,
Dean.
______

By Mr. SPECTER:
S. 2453. A bill to establish procedures for the review of electronic
surveillance programs; to the Committee on the Judiciary.
Mr. SPECTER. Mr. President, I seek recognition today to introduce a
bill to regulate electronic surveillance programs designed to gather
intelligence for national security purposes.
On Friday, December 16, 2005, the New York Times reported that in
late 2001, President Bush signed a highly classified directive that
authorized the National Security Agency to intercept communications
between people inside the United States and terrorism suspects
overseas. And so the debate began. Did the President have the authority
to authorize this program? Did it violate the Foreign Intelligence
Surveillance Act--or FISA? Had Congress independently granted the
President this authority? Did he have these inherent powers under the
Constitution? Lawyers and laymen throughout our country have debated
the issue. The Senate Judiciary Committee initiated two hearings on the
legality of the NSA program and, pursuant to our oversight function,
brought in Attorney General Alberto Gonzales and seven leading scholars
and experts to testify. After questioning General Gonzales for some 7
hours, and the panel of scholars for hours more, we were still left
troubled by two competing concerns.
On the one hand, we are a Nation at war. On September 11 we suffered
the worst attack on civilians in our country's history by an enemy like
none we had faced before. The more we learn about this enemy, the more
we learn about a cruel and brutal opponent who will stop at nothing to
terrorize and harm our country. This is an enemy that knows no honor.
It seeks to inflict ever-escalating violence on defenseless civilians.
This is an enemy that knows no mercy. It beheads innocent aid workers
and journalists and proudly broadcasts these murders for the world to
see. This is an enemy that knows no bounds of decency. It recruits
women and children to strap bombs to their bodies and blow themselves
up, knowing that American soldiers are likely to come close to help
them. This is an enemy that is patient. It infiltrates our borders and
waits quietly for an opportunity to attack. Most frighteningly, this is
an enemy that is capable. It roams the globe, organizing terrorist
cells along its path. It has the ability to master and exploit modem
technology and organize attacks on America from anywhere on the globe.

On the other hand, we are a Nation that believes in the rule of law.
We are a people that hold dear the rights and liberties enshrined in
our Constitution. Although we recognize the threat we face, we are not
willing to sacrifice our rights and live in a state of perpetual fear.
Our enemy is the enemy of freedom, and we will not give that enemy the
satisfaction of making us give up the very freedom we cherish.
The question remains, what is a society like ours to do?
I do not agree with those who contend that the current FISA law is
just fine. When the FISA bill was enacted in 1978, we faced a very
different enemy. That enemy did not attack on our soil; that enemy was
organized into nation states that we could negotiate with; that enemy
did not use terrorist tactics on our civilian population. And in 1978,
we were grappling with very different technologies. We were worried
about telephone and telegraphs, not e-mail, cell phones, handheld
computers, and Internet chat rooms. Accordingly, the Congress passed a
law in 1978 that required case-by-case warrants; warrants that
identified individual persons and places; warrants a lot like those a
prosecutor would seek in a routine criminal investigation. These case-
by-case warrants, however, simply may not be sufficient today, when we
are in a time of war and we need to track an amorphous enemy that moves
quickly and is often able to evade detection.
At the same time, I do not agree with those who insist that we are
facing an entirely new situation, and that the checks and balances our
nation has long embraced are now outdated. I think these advocates are
wrong when they insist that the best we can do is to give the Executive
Branch a blank check and hope that it will do the right thing.
I believe that there is a middle ground. I believe it is possible to
provide the President with the flexibility and secrecy he needs to
track terrorists, while providing for meaningful supervision outside of
the Executive Branch. It may be surprising to some, but I think we can
get some insight from, of all places, a Senate hearing.
Let's step back and survey the situation. The country had recently
discovered that the NSA had secretly worked with major communication
companies for years. We learned that initially the program focused on
certain foreign targets, but it grew to cover communications from U.S.
citizens. Amid accusations that the President had violated the
Constitution and Federal statute, a Senate Committee called the
Attorney General to testify and address the ``serious legal and
constitutional questions . . . raised by the program.''
If this sounds familiar, it should. It is what took place in November
1975, when the nation discovered a secret NSA program to monitor
telegraph messages, and a special Senate Committee called Attorney
General Edward Levi to testify.
That hearing, like the hearing the Senate Judiciary Committee held
last week, elicited discussions on the importance of preserving civil
liberties and upholding the Bill of Rights, and the need to protect
national security and preserve secrecy in foreign intelligence. That
hearing also elicited a possible solution.
During his testimony to the Church Committee on U.S. Intelligence
Activities, Attorney General Levi suggested that one method for
granting the President the needed flexibility, while maintaining
supervision by the courts, was to give a special court the power to
issue broader, program-wide warrants. Attorney General Levi reasoned
that for programs ``designed to gather foreign-intelligence information
essential to the security of the Nation,'' the court should have the
power to approve

[[Page S2341]]

a ``program of surveillance.'' He explained that the traditional
warrant procedure works only when surveillance ``involves a particular
target location or individual at a specific time.'' While this
procedure was fine for routine, criminal investigations, the Nation
needed a different solution for enemies that require ``virtually
continuous surveillance, which by its nature does not have specifically
predetermined targets.'' Attorney General Levi suggested that in
approving a surveillance plan, the court should determine whether the
program ``strikes a reasonable balance between the government's need
for the information and the protection of individuals' rights.''
Unfortunately, we did not follow Attorney General Levi's suggestion.
It is not too late to do so, however. The National Security
Surveillance Act of 2006 seeks to pick up where the Congress of 1978
left off.
I believe that the National Security Surveillance Act sets forth
workable and effective procedures for the FISA Court to evaluate
surveillance programs. Its procedures, in fact, are very similar to
those Attorney General Levi advocated thirty years ago.
First, in order to continue the NSA program, or any similar programs,
the Attorney General must apply to the FISA court for permission to
initiate a surveillance program and then seek re-authorization of that
program every 45 days. The Attorney General must explain his legal
basis for concluding that the surveillance program is constitutional.
He must also provide a good deal of information to the court. He must:
identify or describe the foreign country or terrorist group he seeks to
monitor; provide enough facts to indicate one of the parties on the
line is a member of that foreign country or terrorist group or has had
communications with it; identify the steps he is taking to make sure
that innocent Americans are not being swept into the surveillance
program; determine that at least one of the parties is in the U. S.;
estimate the number of communications to be monitored; and provide data
so the FISA court can evaluate the program, including information on
how long the program has existed and what type of intelligence it has
uncovered.
The Attorney General should feel no concern in sharing information
about the program with the FISA court. The FISA court has proven that
it is capable of maintaining the secrecy with which it has been charged
and that it possesses the requisite expertise and discretion for
adjudicating sensitive issues of national security.
The FISA court must then determine whether approving the program is
consistent with the U.S. Constitution. It must also balance the
interests at stake and decide whether to approve the program.
Specifically, the court must: determine whether probable cause exists
to authorize the surveillance; evaluate whether historically the
government has implemented the electronic surveillance program in
accordance with its proposals; determine that at least one of the
participants to the electronic communication is a member of the foreign
country or terrorist group that the Attorney General has identified;
consider the privacy costs of the program as measured by the number of
communications subjected to the electronic surveillance program, the
length of time the electronic surveillance program has been in
existence, and the effectiveness of the minimization procedures; and
consider the benefits of the program as measured by the intelligence
information obtained or the number of plots uncovered or cells
disrupted.
The Attorney General must resubmit the program to the FISA court
every 45 days. In the event the FISA court refuses to approve the
electronic surveillance program, that does not end the matter. The
Attorney General may modify the program and then submit a new
application, until the FISA court concludes that the program satisfies
the Constitution and the standards set forth in this bill. In the
alternative, the Attorney General may conclude that implementing an
amended program is inappropriate in light of the FISA court's concerns.
The FISA court would itself be required to notify Congress of its
decision with respect to the proffered program's constitutionality.
Finally, the bill requires the Attorney General to submit information
on the program's scope and effectiveness to the Chairman and Ranking
Member of the Senate and House Intelligence Committees every 6 months.
In the case at hand, the Attorney General would be required to
justify the NSA surveillance program to the FISA court, which would, in
turn, determine whether the program met all constitutional and legal
requirements. The court would be required to consider, for example,
whether members of Al Qaeda were appropriately targeted, whether proper
minimization techniques were being followed, and whether the program
satisfied the demands of the Fourth Amendment.
There are those who will say that we should not act. That currently,
things are fine. I would remind my colleagues that our enemies are not
so content to sit still. A country that does not understand that our
enemy has changed since the 1970s will come to regret it. And a
Congress that pauses when it should act, denies its duty to adapt to
the enemy we currently face. But, ultimately, the enemies of democracy
win when civil liberties are lost. We must maintain our democracy and
defeat our enemies.
This legislation does both and I urge my colleagues to support it.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2453

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Security
Surveillance Act of 2006''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) After the terrorist attacks of September 11, 2001,
President Bush authorized the National Security Agency to
intercept communications between people inside the United
States, including American citizens, and terrorism suspects
overseas.
(2) One of the lessons learned from September 11, 2001, is
that the enemies who seek to greatly harm and terrorize our
Nation utilize technologies and techniques that defy
conventional law enforcement practices.
(3) The Commander in Chief requires the ability and means
to detect and track an enemy that can master and exploit
modern technology.
(4) Although it is essential that the President have all
necessary means to protect us against our enemies, it is
equally essential that, in doing so, the President does not
compromise the very civil liberties that the President seeks
to safeguard. As Justice Hugo Black observed, ``The
President's power, if any, to issue [an] order must stem
either from an Act of Congress or from the Constitution
itself.''. Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S.
579, 585 (1952) (opinion by Black, J.).
(5) In 2004, Justice Sandra Day O'Connor explained in her
plurality opinion for the Supreme Court in Hamdi v. Rumsfeld:
``We have long since made clear that a state of war is not a
blank check for the President when it comes to the rights of
the Nation's citizens. Youngstown Sheet & Tube, 343 U.S., at
587, 72 S.Ct. 863. Whatever power the United States
Constitution envisions for the Executive in its exchanges
with other nations or with enemy organizations in times of
conflict, it most assuredly envisions a role for all three
branches when individual liberties are at stake.''. Hamdi v.
Rumsfeld, 542 U.S. 507, 536 (2004) (citations omitted).
(6) Similarly, as Justice Jackson famously observed in his
Youngstown concurrence: ``When the President acts pursuant to
an express or implied authorization of Congress, his
authority is at its maximum, for it includes all that he
possesses in his own right plus all that Congress can
delegate . . . . When the President acts in absence of either
a congressional grant or denial of authority, he can only
rely upon his own independent powers, but there is a zone of
twilight in which he and Congress may have concurrent
authority, or in which its distribution is uncertain.
Therefore, congressional inertia, indifference or quiescence
may sometimes, at least as a practical matter, enable, if not
invite, measures on independent presidential responsibility .
. . When the President takes measures incompatible with the
expressed or implied will of Congress, his power is at its
lowest ebb, for then he can rely only upon his own
constitutional powers minus any constitutional powers of
Congress over the matter. Courts can sustain exclusive
Presidential control in such a case only by disabling the
Congress from acting upon the subject.''. Youngstown Sheet
& Tube Co. v. Sawyer, 343 U.S. 579, 635-38 (1952)
(Jackson, J., concurring).
(7) The Constitution provides Congress with broad powers of
oversight over national security and foreign policy, under
article I, section 8 of the Constitution of the United
States, which confers on Congress numerous powers, including
the powers--
(A) ``To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water'';

[[Page S2342]]

(B) ``To raise and support Armies'';
(C) ``To provide and maintain a Navy'';
(D) ``To make Rules for the Government and Regulation of
the land and naval Forces'';
(E) ``To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel
Invasions''; and
(F) ``To provide for organizing, arming, and disciplining
the Militia, and for governing such Part of them as may be
employed in the Service of the United States''.
(8) It is in our Nation's best interest for Congress to use
its oversight power to establish a system to ensure that
electronic surveillance programs do not infringe on the
constitutional rights of Americans, while at the same time
making sure that the President has all the powers and means
necessary to detect and track our enemies.
(9) While Attorney General Alberto Gonzales explained that
the executive branch reviews the electronic surveillance
program of the National Security Agency every 45 days to
ensure that the program is not overly broad, it is the belief
of Congress that approval and supervision of electronic
surveillance programs should be conducted outside of the
executive branch, by the Article III court established under
section 103 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803). It is also the belief of Congress that
it is appropriate for an Article III court to pass upon the
constitutionality of electronic surveillance programs that
may implicate the rights of Americans.
(10) The Foreign Intelligence Surveillance Court is the
proper court to approve and supervise classified electronic
surveillance programs because it is adept at maintaining the
secrecy with which it was charged and it possesses the
requisite expertise and discretion for adjudicating sensitive
issues of national security.
(11) In 1975, then-Attorney General Edward Levi, a strong
defender of executive authority, testified that in times of
conflict, the President needs the power to conduct long-range
electronic surveillance and that a foreign intelligence
surveillance court should be empowered to issue special
warrants in these circumstances.
(12) This Act clarifies and definitively establishes that
the Foreign Intelligence Surveillance Court has the authority
to review electronic surveillance programs and pass upon
their constitutionality. Such authority is consistent with
well-established, longstanding practices.
(13) The Foreign Intelligence Surveillance Court already
has broad authority to approve surveillance of members of
international conspiracies, in addition to granting warrants
for surveillance of a particular individual under sections
104, 105, and 402 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1804, 1805, and 1842).
(14) Prosecutors have significant flexibility in
investigating domestic conspiracy cases. Courts have held
that flexible warrants comply with the fourth amendment to
the Constitution of the United States when they relate to
complex, far reaching, and multi-faceted criminal enterprises
like drug conspiracies and money laundering rings. The courts
recognize that applications for search warrants must be
judged in a common sense and realistic fashion, and the
courts permit broad warrant language where, due to the nature
and circumstances of the investigation and the criminal
organization, more precise descriptions are not feasible.
(15) Federal agents investigating international terrorism
by foreign enemies are entitled to tools at least as broad as
those used by Federal agents investigating domestic crimes by
United States citizens. The Supreme Court, in the ``Keith
Case'', United States v. United States District Court for the
Eastern District of Michigan, 407 U.S. 297 (1972), recognized
that the standards and procedures used to fight ordinary
crime may not be applicable to cases involving national
security. The Court recognized that national ``security
surveillance may involve different policy and practical
considerations from the surveillance of ordinary crime'' and
that courts should be more flexible in issuing warrants in
national security cases. United States v. United States
District Court for the Eastern District of Michigan, 407 U.S.
297, 322 (1972).
(16) By authorizing the Foreign Intelligence Surveillance
Court to review electronic surveillance programs, Congress
preserves the ability of the Commander in Chief to use the
necessary means to guard our national security, while also
protecting the civil liberties and constitutional rights that
we cherish.

SEC. 3. DEFINITIONS.

The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended--
(1) by redesignating title VII as title VIII;
(2) by redesignating section 701 as section 801; and
(3) by inserting after title VI the following:

``TITLE VII--ELECTRONIC SURVEILLANCE

``SEC. 701. DEFINITIONS.

``As used in this title--
``(1) the terms `agent of a foreign power', `Attorney
General', `foreign intelligence information' ,`foreign
power', `international terrorism', `minimization procedures',
`person', `United States', and `United States person' have
the same meaning as in section 101;
``(2) the term `congressional intelligence committees'
means the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives;
``(3) the term `electronic communication' means any
transfer of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or in part by
a wire, radio, electromagnetic, photoelectronic or
photooptical system, cable, or other like connection
furnished or operated by any person engaged as a common
carrier in providing or operating such facilities for the
transmission of communications;
``(4) the term `electronic surveillance' means the
acquisition by an electronic, mechanical, or other
surveillance device of the substance of any electronic
communication sent by, received by, or intended to be
received by a person who is in the United States, where there
is a reasonable possibility that the surveillance will
intercept communication in which a person in the United
States participating in the communication has a reasonable
expectation of privacy;
``(5) the term `electronic surveillance program' means a
program to engage in electronic surveillance--
``(A) to gather foreign intelligence information or to
protect against international terrorism or clandestine
intelligence activities by obtaining the substance of or
information regarding electronic communications sent by,
received by, or intended to be received by a foreign power,
an agent or agents of a foreign power, or a person or persons
who have had communication with a foreign power seeking to
commit an act of international terrorism or clandestine
intelligence activities against the United States;
``(B) where it is not feasible to name every person or
address every location to be subjected to electronic
surveillance; and
``(C) where effective gathering of foreign intelligence
information requires an extended period of electronic
surveillance;
``(6) the term `Foreign Intelligence Surveillance Court'
means the court, sitting en banc, established under section
103(a);
``(7) the term `Foreign Intelligence Surveillance Court of
review' means the court established under section 103(b);
(8) the term `intercept' means the acquisition of the
substance of any electronic communication by a person through
the use of any electronic, mechanical, or other device; and
``(9) the term `substance' means any information concerning
the words, purport, or meaning of a communication, and does
not include information identifying the sender, origin, or
recipient of the communication or the date or time of its
transmission.''.

SEC. 4. FOREIGN INTELLIGENCE SURVEILLANCE COURT JURISDICTION
TO REVIEW ELECTRONIC SURVEILLANCE PROGRAMS.

Title VII of the Foreign Intelligence Surveillance Act of
1978, as amended by section 3, is amended by adding at the
end the following:

``SEC. 702. FOREIGN INTELLIGENCE SURVEILLANCE COURT
JURISDICTION TO REVIEW ELECTRONIC SURVEILLANCE
PROGRAMS.

``(a) In General.--The Foreign Intelligence Surveillance
Court shall have jurisdiction to issue an order under this
title, lasting not longer than 45 days, that authorizes an
electronic surveillance program to obtain foreign
intelligence information or to protect against international
terrorism or clandestine intelligence activities.
``(b) Reauthorization.--In order to continue an electronic
surveillance program after the time period described in
subsection (a), the Attorney General shall submit a new
application under section 703. There shall be no limit on the
number of times the Attorney General may seek approval of an
electronic surveillance program.
``(c) Modifications and Appeal in Event Application Is
Denied.--
``(1) In general.--In the event that the Foreign
Intelligence Surveillance Court refuses to approve an
application under subsection (a), the court shall state its
reasons in a written opinion.
``(2) Opinion.--The court shall submit a written opinion
described in paragraph (1) to the Attorney General and to
each member of the congressional intelligence committees (or
any subcommittee thereof designated for oversight of
electronic surveillance programs under this title).
``(3) Resubmission or appeal.--The Attorney General shall
be permitted to submit a new application under section 703
for the electronic surveillance program, reflecting
modifications to address the concerns set forth in the
written opinion of the Foreign Intelligence Surveillance
Court. There shall be no limit on the number of times the
Attorney General may seek approval of an electronic
surveillance program. Alternatively, the Attorney General
shall be permitted to appeal the decision of the Foreign
Intelligence Surveillance Court to the Foreign Intelligence
Surveillance Court of Review.
``(d) Communications Subject to This Title.--
``(1) In general.--The provisions of this title requiring
authorization by the Foreign Intelligence Surveillance Court
apply only to interception of the substance of electronic
communications sent by, received by, or intended to be
received by a person who is in the United States, where there
is a reasonable possibility that a participant in the
communication has a reasonable expectation of privacy.
``(2) Exclusion.--The provisions of this title requiring
authorization by the Foreign Intelligence Surveillance Court
do not apply

[[Page S2343]]

to information identifying the sender, origin, or recipient
of the electronic communication or the date or time of its
transmission that is obtained without review of the substance
of the electronic communication.
``(e) Existing Programs Subject to This Title.--
``(1) In general.--The Attorney General shall submit an
application to the Foreign Intelligence Surveillance Court
for any electronic surveillance program to obtain foreign
intelligence information or to protect against international
terrorism or clandestine intelligence activities.
``(2) Existing programs.--Not later than 45 days after the
date of enactment of this title, the Attorney General shall
submit an application under this title for approval of the
electronic surveillance program sometimes referred to as the
`Terrorist Surveillance Program' and discussed by the
Attorney General before the Committee on the Judiciary of the
United States Senate on February 6, 2006. Not later than 120
days after the date of enactment of this title, the Attorney
General shall submit applications under this title for
approval of any other electronic surveillance program in
existence on the date of enactment of this title that has not
been submitted to the Foreign Intelligence Surveillance
Court.''.

SEC. 5. APPLICATIONS FOR APPROVAL OF ELECTRONIC SURVEILLANCE
PROGRAMS.

Title VII of the Foreign Intelligence Surveillance Act of
1978, as amended by section 4, is amended by adding at the
end the following:

``SEC. 703. APPLICATIONS FOR APPROVAL OF ELECTRONIC
SURVEILLANCE PROGRAMS.

``(a) In General.--Each application for approval of an
electronic surveillance program under this title shall--
``(1) be made by the Attorney General;
``(2) include a statement of the authority conferred on the
Attorney General by the President of the United States;
``(3) include a statement setting forth the legal basis for
the conclusion by the Attorney General that the electronic
surveillance program is consistent with the requirements of
the Constitution of the United States;
``(4) certify that the information sought cannot reasonably
be obtained by conventional investigative techniques or
through an application under section 104;
``(5) include the name, if known, identity, or description
of the foreign power or agent of a foreign power seeking to
commit an act of international terrorism or clandestine
intelligence activities against the United States that the
electronic surveillance program seeks to monitor or
detect;
``(6) include a statement of the means and operational
procedures by which the surveillance will be executed and
effected;
``(7) include a statement of the facts and circumstances
relied upon by the Attorney General to justify the belief
that at least 1 of the participants in the communications to
be intercepted by the electronic surveillance program will be
the foreign power or agent of a foreign power that is
specified under paragraph (5), or a person who has had
communication with the foreign power or agent of a foreign
power that is specified under paragraph (5), and is seeking
to commit an act of international terrorism or clandestine
intelligence activities against the United States;
``(8) include a statement of the proposed minimization
procedures;
``(9) include a detailed description of the nature of the
information sought and the type of communication to be
intercepted by the electronic surveillance program;
``(10) include an estimate of the number of communications
to be intercepted by the electronic surveillance program
during the requested authorization period;
``(11) specify the date that the electronic surveillance
program that is the subject of the application was initiated,
if it was initiated before submission of the application;
``(12) certify that any electronic surveillance of a person
in the United States under this title shall cease 45 days
after the date of the authorization, unless the Government
has obtained judicial authorization for continued
surveillance of the person in the United States under section
104 or another Federal statute;
``(13) include a statement of the facts concerning all
previous applications that have been made to the Foreign
Intelligence Surveillance Court under this title involving
the electronic surveillance program in the application,
including the minimization procedures and the means and
operational procedures proposed, and the Foreign Intelligence
Surveillance Court's decision on each previous application;
and
``(14) include a statement of the facts concerning the
implementation of the electronic surveillance program
described in the application, including, for any period of
operation of the program authorized at least 45 days prior to
the date of submission of the application--
``(A) the minimization procedures implemented;
``(B) the means and operational procedures by which the
surveillance was executed and effected;
``(C) the number of communications subjected to the
electronic surveillance program;
``(D) the identity, if known, or a description of any
United States person whose communications sent or received in
the United States were intercepted by the electronic
surveillance program; and
``(E) a description of the foreign intelligence information
obtained through the electronic surveillance program.
``(b) Additional Information.--The Foreign Intelligence
Surveillance Court may require the Attorney General to
furnish such other information as may be necessary to make a
determination under section 704.''.

SEC. 6. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

Title VII of the Foreign Intelligence Surveillance Act of
1978, as amended by section 5, is amended by adding at the
end the following:

``SEC. 704. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

``(a) Necessary Findings.--Upon receipt of an application
under section 703, the Foreign Intelligence Surveillance
Court shall enter an ex parte order as requested, or as
modified, approving the electronic surveillance program if it
finds that--
``(1) the President has authorized the Attorney General to
make the application for electronic surveillance for foreign
intelligence information;
``(2) approval of the electronic surveillance program in
the application is consistent with the duty of the Foreign
Intelligence Surveillance Court to uphold the Constitution of
the United States;
``(3) there is probable cause to believe that the
electronic surveillance program will intercept communications
of the foreign power or agent of a foreign power specified in
the application, or a person who has had communication with
the foreign power or agent of a foreign power that is
specified in the application and is seeking to commit an act
of international terrorism or clandestine intelligence
activities against the United States;
``(4) the proposed minimization procedures meet the
definition of minimization procedures under section 101 (h);
``(5) the application contains all statements and
certifications required by section 703; and
``(6) an evaluation of the implementation of the electronic
surveillance program, as described in subsection (b),
supports approval of the application.
``(b) Evaluation of the Implementation of the Electronic
Surveillance Program.--In determining whether the
implementation of the electronic surveillance program
supports approval of the application for purposes of
subsection (a)(6), the Foreign Intelligence Surveillance
Court shall consider the performance of the electronic
surveillance program for at least 3 previously authorized
periods, to the extent such information is available, and
shall--
``(1) evaluate whether the electronic surveillance program
has been implemented in accordance with the proposal by the
Federal Government by comparing--
``(A) the minimization procedures proposed with the
minimization procedures implemented;
``(B) the nature of the information sought with the nature
of the information obtained; and
``(C) the means and operational procedures proposed with
the means and operational procedures implemented;
``(2) consider the number of communications intercepted by
the electronic surveillance program and the length of time
the electronic surveillance program has been in existence;
and
``(3) consider the effectiveness of the electronic
surveillance program, as reflected by the foreign
intelligence information obtained.''.

SEC. 7. CONGRESSIONAL OVERSIGHT.

Title VII of the Foreign Intelligence Surveillance Act of
1978, as amended by section 6, is amended by adding at the
end the following:

``SEC. 705. CONGRESSIONAL OVERSIGHT.

``(a) In Genera1.--The President shall submit to each
member of the congressional , intelligence committees (or any
subcommittee thereof designated for oversight of electronic
surveillance programs under this title) a report on the
management and operational details of the electronic
surveillance program generally and on any specific
surveillance conducted under the electronic surveillance
program whenever requested by either of the committees, or
any such subcommittee, as applicable.
``(b) Semi-Annual Reports.--
``(1) In general.--In addition to any reports required
under subsection (a), the President shall, not later than 6
months after the date of enactment of this Act and every 6
months thereafter, fully inform each member of the
congressional intelligence committees (or any subcommittee
thereof designated for oversight of electronic surveillance
programs under this title) on all electronic surveillance
conducted under the electronic surveillance program.
``(2) Contents.--Each report under paragraph (1) shall
include the following:
``(A) A complete discussion of the management, operational
details, effectiveness, and necessity of the electronic
surveillance program generally, and of the management,
operational details, effectiveness, and necessity of all
electronic surveillance conducted under the program, during
the 6-month period ending on the date of such report.
``(B) The total number of targets of electronic
surveillance commenced or continued under the electronic
surveillance program.
``(C) The total number of United States persons targeted
for electronic surveillance under the electronic surveillance
program.
``(D) The total number of targets of electronic
surveillance under the electronic surveillance program for
which an application

[[Page S2344]]

was submitted under section 104 for an order under section
105 approving electronic surveillance, and, of such
applications, the total number either granted, modified, or
denied.
``(E) Any other information specified, in writing, to be
included in such report by the congressional intelligence
committees or any subcommittees thereof designated for
oversight of the electronic surveillance program.
``(F) A description of the nature of the information sought
under the electronic surveillance program, the types of
communications subjected to such program, and whether the
information sought under such program could be reasonably
obtained by less intrusive investigative techniques in a
timely and effective manner.
``(c) Form of Reports.--Any report or information submitted
under this section shall be submitted in classified form.''.

SEC. 8. EMERGENCY AUTHORIZATION.

Title VII of the Foreign Intelligence Surveillance Act of
1978, as amended by section 6, is amended by adding at the
end the following:

``SEC. 706. EMERGENCY AUTHORIZATION.

``Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize
electronic surveillance without a court order under this
title to acquire foreign intelligence information for a
period not to exceed 45 days following a declaration of war
by Congress.''.

SEC. 9. CONFORMING AMENDMENT.

The table of contents for the Foreign Intelligence
Surveillance Act of 1978 is amended I by striking the items
related to title VII and section 701 and inserting the
following:

``TITLE VII--ELECTRONIC SURVEILLANCE

``Sec. 701. Definitions.
``Sec. 702. Foreign Intelligence Surveillance Court jurisdiction to
review electronic surveillance programs.
``Sec. 703. Applications for approval of electronic surveillance
programs.
``Sec. 704. Approval of electronic surveillance programs.
``Sec. 705. Congressional oversight.
``Sec. 706. Emergency Authorization.

``TITLE VIII--EFFECTIVE DATE

``Sec. 801. Effective date.''.
______

By Mr. FRIST:
S. 2454. A bill to amend the Immigration and Nationality Act to
provide for comprehensive reform and for other purposes; placed on the
calendar.
Mr. FRIST. Mr. President, I ask unanimous consent that the text of
the bill and a section by section analysis be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 2454

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Securing
America's Borders Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle
barriers.

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

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North
American security.
Sec. 114. Improving the security of Mexico's southern border.

Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.

TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence,
removal, and alien smuggling.
Sec. 206. Illegal entry or unlawful presence of an alien.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration
fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration,
naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Denial of benefits to terrorists and criminals.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement officers.
Sec. 220. State and local law enforcement of Federal immigration laws.
Sec. 221. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 222. Alternatives to detention.
Sec. 223. Conforming amendment.
Sec. 224. Reporting requirements.
Sec. 225. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 226. Removal of drunk drivers.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders
Sec. 229. Law enforcement authority of States and political
subdivisions and transfer to Federal custody.
Sec. 230. Listing of immigration violators in the National Crime
Information Center database.
Sec. 231. Laundering of monetary instruments.
Sec. 232. Severability.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.

TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH
ADVANCED DEGREES

Sec. 401. Elimination of existing backlogs.
Sec. 402. Country limits.
Sec. 403. Allocation of immigrant visas.
Sec. 404. Relief for minor children.
Sec. 405. Student visas.
Sec. 406. Visas for individuals with advanced degrees.
Sec. 407. Medical services in underserved areas.

TITLE V--IMMIGRATION LITIGATION REDUCTION

Sec. 501. Consolidation of immigration appeals.
Sec. 502. Additional immigration personnel.
Sec. 503. Board of immigration appeals removal order authority.
Sec. 504. Judicial review of visa revocation.
Sec. 505. Reinstatement of removal orders.
Sec. 506. Withholding of removal.
Sec. 507. Certificate of reviewability.
Sec. 508. Discretionary decisions on motions to reopen or reconsider.
Sec. 509. Prohibition of attorney fee awards for review of final orders
of removal.
Sec. 510. Board of Immigration Appeals.

TITLE VI--MISCELLANEOUS

Sec. 601. Technical and conforming amendments.

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

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

SEC. 3. DEFINITIONS.

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

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2007 through 2011, the Secretary shall, subject
to the availability of appropriations, increase by not less
than 250 the number of positions for full-time active duty
Customs and Border Protection officers.
(2) Port of entry inspectors.--In each of the fiscal years
2007 through 2011, the Secretary shall, subject to the
availability of appropriations, increase by not less than 250

[[Page S2345]]

the number of positions for full-time active duty port of
entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(3) Border patrol agent.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is amended--
(A) by striking ``2010'' both places it appears and
inserting ``2011''; and
(B) by striking ``2,000'' and inserting ``2,400''.
(4) Investigative personnel.--
(A) Immigration and customs enforcement inspectors.--
Section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734)
is amended by striking ``800'' and inserting ``1000''.
(B) Additional personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended by subparagraph
(A), during each of the fiscal years 2007 through 2011, the
Secretary shall, subject to the availability of
appropriations, increase by not less than 200 the number of
positions for personnel within the Department assigned to
investigate alien smuggling.
(b) Authorization of Appropriations.--
(1) Customs and border protection officers.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary for each of the fiscal years 2007 through
2011 to carry out paragraph (1) of subsection (a).
(2) Port of entry inspectors.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
for each of the fiscal years 2007 through 2011 to carry out
paragraph (2) of subsection (a).
(3) Border patrol agents.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out
section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734),
as amended by subsection (a)(3).

SEC. 102. TECHNOLOGICAL ASSETS.

(a) Acquisition.--Subject to the availability of
appropriations, the Secretary shall procure additional
unmanned aerial vehicles, cameras, poles, sensors, and other
technologies necessary to achieve operational control of the
international borders of the United States and to establish a
security perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration.
(b) Increased Availability of Equipment.--The Secretary and
the Secretary of Defense shall develop and implement a plan
to use authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars,
and other surveillance equipment, to assist the Secretary in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall submit to Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use
of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).
(e) Construction.--Nothing in this section may be construed
as altering or amending the prohibition on the use of any
part of the Army or the Air Force as a posse comitatus under
section 1385 of title 18, United States Code.

SEC. 103. INFRASTRUCTURE.

(a) Construction of Border Control Facilities.--Subject to
the availability of appropriations, the Secretary shall
construct all-weather roads and acquire additional vehicle
barriers and facilities necessary to achieve operational
control of the international borders of the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).

SEC. 104. BORDER PATROL CHECKPOINTS.

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

SEC. 105. PORTS OF ENTRY.

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

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

(a) Tucson Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Tucson Sector located proximate to population
centers in Douglas, Nogales, Naco, and Lukeville, Arizona
with double- or triple-layered fencing running parallel to
the international border between the United States and
Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas, except
that the double- or triple-layered fence shall extend west of
Naco, Arizona, for a distance of 25 miles; and
(3) construct not less than 150 miles of vehicle barriers
and all-weather roads in the Tucson Sector running parallel
to the international border between the United States and
Mexico in areas that are known transit points for illegal
cross-border traffic.
(b) Yuma Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Yuma Sector located proximate to population
centers in Yuma, Somerton, and San Luis, Arizona with double-
or triple-layered fencing running parallel to the
international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas in the
Yuma Sector.
(3) construct not less than 50 miles of vehicle barriers
and all-weather roads in the Yuma Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-
border traffic.
(c) Construction Deadline.--The Secretary shall immediately
commence construction of the fencing, barriers, and roads
described in subsections (a) and (b), and shall complete such
construction not later than 2 years after the date of the
enactment of this Act.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that describes the progress that has been made in
constructing the fencing, barriers, and roads described in
subsections (a) and (b).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

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

SEC. 111. SURVEILLANCE PLAN.

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

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

(a) Requirement for Strategy.--The Secretary, in
consultation with the heads of other appropriate Federal
agencies, shall develop a National Strategy for Border
Security that describes actions to be carried out to achieve
operational control over all ports of entry into the United
States and the international land and maritime borders of the
United States.
(b) Content.--The National Strategy for Border Security
shall include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime
borders of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime
borders of the United States that includes a description of
activities being undertaken--
(A) to prevent the entry of terrorists, other unlawful
aliens, instruments of terrorism,

[[Page S2346]]

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

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

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

[[Page S2347]]

(F) in developing mechanisms to exchange information on
findings, seizures, and capture of individuals transporting
undeclared currency; and
(G) in developing and implementing a plan to combat the
transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico,
and the United States through enhanced technical assistance
for the development and maintenance of a national database
built upon identified best practices for biometrics
associated with known and suspected criminals or terrorists,
including exploring the formation of law enforcement teams
that include personnel from the United States and Mexico, and
appropriate procedures for such teams.

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

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

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2007, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a).

SEC. 122. SECURE COMMUNICATION.

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

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

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

SEC. 124. US-VISIT SYSTEM.

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

SEC. 125. DOCUMENT FRAUD DETECTION.

(a) Training.--Subject to the availability of
appropriations, the Secretary shall provide all Customs and
Border Protection officers with training in identifying and
detecting fraudulent travel documents. Such training shall be
developed in consultation with the head of the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall
provide all Customs and Border Protection officers with
access to the Forensic Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Inspector General
shall submit to Congress the findings of the assessment
required by paragraph (1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of fiscal years 2007 through 2011 to carry
out this section.

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

(a) In General.--Section 303 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is
amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``ENTRY AND EXIT
DOCUMENTS'' and inserting ``TRAVEL AND ENTRY DOCUMENTS AND
EVIDENCE OF STATUS'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004, the''
and inserting ``The''; and
(B) by striking ``visas and'' both places it appears and
inserting ``visas, evidence of status, and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Other Documents.--Not later than October 26, 2007,
every document, other than an interim document, issued by the
Secretary of Homeland Security, which may be used as evidence
of an alien's status as an immigrant, nonimmigrant, parolee,
asylee, or refugee, shall be machine-readable and tamper-
resistant, and shall incorporate a biometric identifier to
allow the Secretary of Homeland Security to verify
electronically the identity and status of the alien.''.

SEC. 127. CANCELLATION OF VISAS.

Section 222(g) (8 U.S.C. 1202(g)) is amended--

[[Page S2348]]

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

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Collection of Biometric Data From Aliens Departing the
United States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and
(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to
require aliens departing the United States to provide
biometric data and other information relating to their
immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d)
(8 U.S.C. 1225(d)) is amended by adding at the end the
following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking to
transit through the United States; or
``(B) any lawful permanent resident who is entering the
United States and who is not regarded as seeking admission
pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--
Section 252 (8 U.S.C. 1282) is amended by adding at the end
the following:
``(d) An immigration officer is authorized to collect
biometric data from an alien crewman seeking permission to
land temporarily in the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C.
1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for biometric
data under section 215(c) or 235(d) is inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to
an alien described in subparagraph (C) of subsection (a)(7)
and may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of
the Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred
to as the Administrative Procedure Act) or any other law
relating to rulemaking, information collection, or
publication in the Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2007 and 2008 to implement
the automated biometric entry and exit data system at all
land border ports of entry.''.

SEC. 129. BORDER STUDY.

(a) Southern Border Study.--The Secretary, in consultation
with the Attorney General, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Defense, the
Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall conduct a study on the
construction of a system of physical barriers along the
southern international land and maritime border of the United
States. The study shall include--
(1) an assessment of the necessity of constructing such a
system, including the identification of areas of high
priority for the construction of such a system determined
after consideration of factors including the amount of
narcotics trafficking and the number of illegal immigrants
apprehended in such areas;
(2) an assessment of the feasibility of constructing such a
system;
(3) an assessment of the international, national, and
regional environmental impact of such a system, including the
impact on zoning, global climate change, ozone depletion,
biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along
such a system;
(5) an assessment of the impact such a system would have on
international trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private
property rights including issues of eminent domain and
riparian rights;
(7) an estimate of the costs associated with building a
barrier system, including costs associated with excavation,
construction, and maintenance; and
(8) an assessment of the effect of such a system on Indian
reservations and units of the National Park System.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study described in subsection (a).

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

(a) In General.--The Inspector General of the Department
shall review each contract action relating to the Secure
Border Initiative having a value of more than $20,000,000, to
determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned
business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each
contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily
suspend the contractor from further participation in the
Secure Border Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary of Homeland Security a report containing the
findings of the review, including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small businesses to
compete; or
(F) other high risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the
Secretary shall submit a report, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, that describes--
(A) the findings of the report received from the Inspector
General; and
(B) the steps the Secretary has taken, or plans to take, to
address the problems identified in such report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters is not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later that 30 days
after receiving information regarding a proposed purchase of
a contract to manage the operations of a United States port
by a foreign entity, the Committee on Foreign Investment in
the United States shall submit a report to Congress that
describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to
amounts that are otherwise authorized to be appropriated to
the Office of the Inspector General of the Department, there
are authorized to be appropriated to the Office, to enable
the Office to carry out this section--
(1) for fiscal year 2007, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2008, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2009, not less than 7 percent of the
overall budget of the Office for such fiscal year.

TITLE II--INTERIOR ENFORCEMENT

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

(a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C.
1158(b)(2)(A)(v)) is amended by striking ``or (VI)'' and
inserting ``(V), (VI), (VII), or (VIII)''.
(b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
1229c(b)(1)(C)) is

[[Page S2349]]

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

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

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

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

(a) In General.--
(1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(A) by striking ``Attorney General'' the first place it
appears and inserting ``Secretary of Homeland Security'';
(B) by striking ``Attorney General'' any other place it
appears and inserting ``Secretary'';
(C) in paragraph (1)--
(i) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien,
the expiration date of the stay of removal.''.
(ii) by amending subparagraph (C) to read as follows:
``(C) Extension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien fails
or refuses to--
``(i) make all reasonable efforts to comply with the
removal order; or
``(ii) fully cooperate with the Secretary's efforts to
establish the alien's identity and carry out the removal
order, including failing to make timely application in good
faith for travel or other documents necessary to the alien's
departure, or conspiring or acting to prevent the alien's
removal.''; and
(iii) by adding at the end the following:
``(D) Tolling of period.--If, at the time described in
subparagraph (B), the alien is not in the custody of the
Secretary under the authority of this Act, the removal period
shall not begin until the alien is taken into such custody.
If the Secretary lawfully transfers custody of the alien
during the removal period to another Federal agency or to a
State or local government agency in connection with the
official duties of such agency, the removal period shall be
tolled, and shall recommence on the date on which the alien
is returned to the custody of the Secretary.'';
(D) in paragraph (2), by adding at the end the following:
``If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administrative final order of removal, the
Secretary, in the exercise of discretion, may detain the
alien during the pendency of such stay of removal.'';
(E) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or to perform affirmative acts, that
the Secretary prescribes for the alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community; or
``(iii) for other purposes related to the enforcement of
the immigration laws.'';
(F) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary, without any limitations other than those
specified in this section, until the alien is removed. If an
alien is released, the alien'';
(G) by redesignating paragraph (7) as paragraph (10); and
(H) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
the alien's parole or the alien's removal becomes reasonably
foreseeable, provided that in no circumstance shall such
alien be considered admitted.
``(8) Additional rules for detention or release of
aliens.--The following procedures shall apply to an alien
detained under this section:
``(A) Detention review process for aliens who have effected
an entry and fully cooperate with removal.--The Secretary of
Homeland Security shall establish an administrative review
process to determine whether an alien described in
subparagraph (B) should be detained or released after the
removal period in accordance with subparagraphs (C) and (E).
``(B) Alien described.--An alien is described in this
subparagraph if the alien--
``(i) has effected an entry into the United States;
``(ii) has made all reasonable efforts to comply with the
alien's removal order;
``(iii) has cooperated fully with the Secretary's efforts
to establish the alien's identity and to carry out the
removal order, including making timely application in good
faith for travel or other documents necessary for the alien's
departure; and
``(iv) has not conspired or acted to prevent removal.
``(C) Evidence.--In making a determination under
subparagraph (A), the Secretary--
``(i) shall consider any evidence submitted by the alien;
``(ii) may consider any other evidence, including--

``(I) any information or assistance provided by the
Department of State or other Federal agency; and
``(II) any other information available to the Secretary
pertaining to the ability to remove the alien.

``(D) Authority to detain for 90 days beyond removal
period.--The Secretary, in the exercise of the Secretary's
discretion and without any limitations other than those
specified in this section, may detain an alien for 90 days
beyond the removal period (including any extension of the
removal period under paragraph (1)(C)).
``(E) Authority to detain for additional period.--The
Secretary, in the exercise of the Secretary's discretion and
without any limitations other than those specified in this
section, may detain an alien beyond the 90-day period
authorized under subparagraph (D) until the alien is removed,
if the Secretary--
``(i) determines that there is a significant likelihood
that the alien will be removed in the reasonably foreseeable
future; or
``(ii) certifies in writing--

``(I) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(II) after receipt of a written recommendation from the
Secretary of State, that the release of the alien would
likely have serious adverse foreign policy consequences for
the United States;

``(III) based on information available to the Secretary
(including classified, sensitive, or national security
information, and regardless of the grounds upon which the
alien was ordered removed), that there is reason to believe
that the release of the alien would threaten the national
security of the United States;
``(IV) that--

``(aa) the release of the alien would threaten the safety
of the community or any person, and conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person; and
``(bb) the alien--
``(AA) has been convicted of 1 or more aggravated felonies
(as defined in section 101(a)(43)(A)), or of 1 or more
attempts or conspiracies to commit any such aggravated
felonies or such crimes, for an aggregate term of
imprisonment of at least 5 years; or
``(BB) has committed a crime of violence (as defined in
section 16 of title 18, United States Code, but not including
a purely political offense) and, because of a mental
condition or personality disorder and behavior associated
with that condition or disorder, is likely to engage in acts
of violence in the future; or

``(V) that--

``(aa) the release of the alien would threaten the safety
of the community or any person, notwithstanding conditions of
release designed to ensure the safety of the community or any
person; and

[[Page S2350]]

``(bb) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)) for which the
alien was sentenced to an aggregate term of imprisonment of
not less than 1 year.
``(F) Administrative review process.--The Secretary,
without any limitations other than those specified in this
section, may detain an alien pending a determination under
subparagraph (E)(ii), if the Secretary has initiated the
administrative review process identified in subparagraph (A)
not later than 30 days after the expiration of the removal
period (including any extension of the removal period under
paragraph (1)(C)).
``(G) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a certification
under subparagraph (E)(ii) every 6 months, without
limitation, after providing the alien with an opportunity to
request reconsideration of the certification and to submit
documents or other evidence in support of that request. If
the Secretary does not renew such certification, the
Secretary shall release the alien, pursuant to subparagraph
(H).
``(ii) Delegation.--Notwithstanding any other provision of
law, the Secretary may not delegate the authority to make or
renew a certification described in subclause (II), (III), or
(V) of subparagraph (E)(ii) to any employee reporting to the
Assistant Secretary for Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary may request that the
Attorney General, or a designee of the Attorney General,
provide for a hearing to make the determination described in
subparagraph (E)(ii)(IV)(bb)(BB).
``(H) Release on conditions.--If it is determined that an
alien should be released from detention, the Secretary may,
in the Secretary's discretion, impose conditions on release
in accordance with the regulations prescribed pursuant to
paragraph (3).
``(I) Redetention.--The Secretary, without any limitations
other than those specified in this section, may detain any
alien subject to a final removal order who has previously
been released from custody if--
``(i) the alien fails to comply with the conditions of
release;
``(ii) the alien fails to continue to satisfy the
conditions described in subparagraph (B); or
``(iii) upon reconsideration, the Secretary determines that
the alien can be detained under subparagraph (E).
``(J) Applicability.--This paragraph and paragraphs (6) and
(7) shall apply to any alien returned to custody under
subparagraph (I) as if the removal period terminated on the
day of the redetention.
``(K) Detention review process for aliens who have effected
an entry and fail to cooperate with removal.--The Secretary
shall detain an alien until the alien makes all reasonable
efforts to comply with a removal order and to cooperate fully
with the Secretary's efforts, if the alien--
``(i) has effected an entry into the United States; and
``(ii)(I) and the alien faces a significant likelihood that
the alien will be removed in the reasonably foreseeable
future, or would have been removed if the alien had not--

``(aa) failed or refused to make all reasonable efforts to
comply with a removal order;
``(bb) failed or refused to fully cooperate with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including the failure to make
timely application in good faith for travel or other
documents necessary to the alien's departure; or
``(cc) conspired or acted to prevent removal; or

``(II) the Secretary makes a certification as specified in
subparagraph (E), or the renewal of a certification specified
in subparagraph (G).
``(L) Detention review process for aliens who have not
effected an entry.--Except as otherwise provided in this
subparagraph, the Secretary shall follow the guidelines
established in section 241.4 of title 8, Code of Federal
Regulations, when detaining aliens who have not effected an
entry. The Secretary may decide to apply the review process
outlined in this paragraph.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia and
only if the alien has exhausted all administrative remedies
(statutory and nonstatutory) available to the alien as of
right.''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date of the enactment of this
Act; and
(B) shall apply to--
(i) any alien subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(ii) any act or condition occurring or existing before, on,
or after the date of the enactment of this Act.
(b) Criminal Detention of Aliens.--Section 3142 of title
18, United States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by inserting ``(1)'' before ``If, after a hearing'';
(C) in subparagraphs (B) and (C), as redesignated, by
striking ``paragraph (1)'' and inserting ``subparagraph
(A)''; and
(D) by adding after subparagraph (C), as redesignated, the
following:
``(2) Subject to rebuttal by the person, it shall be
presumed that no condition or combination of conditions will
reasonably assure the appearance of the person as required if
the judicial officer finds that there is probable cause to
believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under section 911,
922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter
75 or 77 of this title, or section 243, 274, 275, 276, 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253,
1324, 1325, 1326, 2327, and 1328).''; and
(2) in subsection (g)(3)--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(C) the person's immigration status; and''.

SEC. 203. AGGRAVATED FELONY.

Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law
(including any provision providing an effective date), the
term `aggravated felony' applies to an offense described in
this paragraph, whether in violation of Federal or State law
and to such an offense in violation of the law of a foreign
country, for which the term of imprisonment was completed
within the previous 15 years, even if the length of the term
of imprisonment is based on recidivist or other enhancements
and regardless of whether the conviction was entered before,
on, or after September 30, 1996, and means--'';
(2) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'';
(3) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275
or 276 for which the term of imprisonment is at least 1
year'';
(4) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``aiding or abetting an offense described in
this paragraph, or soliciting, counseling, procuring,
commanding, or inducing another, attempting, or conspiring to
commit such an offense''; and
(5) by striking the undesignated matter following
subparagraph (U).

SEC. 204. TERRORIST BARS.

(a) Definition of Good Moral Character.--Section 101(f) (8
U.S.C. 1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or
Attorney General based upon any relevant information or
evidence, including classified, sensitive, or national
security information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following: ``,
regardless of whether the crime was defined as an aggravated
felony under subsection (a)(43) at the time of the
conviction, unless--
``(A) the person completed the term of imprisonment and
sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the Attorney
General waives the application of this paragraph; or''; and
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character'' and inserting the
following: ``a discretionary finding for other reasons that
such a person is or was not of good moral character. In
determining an applicant's moral character, the Secretary of
Homeland Security and the Attorney General may take into
consideration the applicant's conduct and acts at any time
and are not limited to the period during which good moral
character is required.''.
(b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b))
is amended by adding at the end the following: ``A petition
may not be approved under this section if there is any
administrative or judicial proceeding (whether civil or
criminal) pending against the petitioner that could directly
or indirectly result in the petitioner's denaturalization or
the loss of the petitioner's lawful permanent resident
status.''.
(c) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien has had the conditional
basis removed pursuant to this section'' before the period at
the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien has had the
conditional basis removed pursuant to this section'' before
the period at the end.
(d) Judicial Review of Naturalization Applications.--
Section 310(c) (8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and

[[Page S2351]]

(2) by adding at the end the following: ``The petitioner
shall have the burden of showing that the Secretary's denial
of the application was contrary to law. Except in a
proceeding under section 340, and notwithstanding any other
provision of law, no court shall have jurisdiction to
determine, or to review a determination of the Secretary
regarding, whether, for purposes of an application for
naturalization, an alien--
``(1) is a person of good moral character;
``(2) understands and is attached to the principles of the
Constitution of the United States; or
``(3) is well disposed to the good order and happiness of
the United States.''.
(e) Persons Endangering National Security.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person
may not be naturalized if the Secretary of Homeland Security
determines, based upon any relevant information or evidence,
including classified, sensitive, or national security
information, that the person was once an alien described in
section 212(a)(3) or 237(a)(4).''.
(f) Concurrent Naturalization and Removal Proceedings.--
Section 318 (8 U.S.C. 1429) is amended by striking ``the
Attorney General if'' and all that follows and inserting:
``the Secretary of Homeland Security or any court if there is
pending against the applicant any removal proceeding or other
proceeding to determine the applicant's inadmissibility or
deportability, or to determine whether the applicant's lawful
permanent resident status should be rescinded, regardless of
when such proceeding was commenced. The findings of the
Attorney General in terminating removal proceedings or
canceling the removal of an alien under this Act shall not be
deemed binding in any way upon the Secretary of Homeland
Security with respect to the question of whether such person
has established eligibility for naturalization in accordance
with this title.''.
(g) District Court Jurisdiction.--Section 336(b) (8 U.S.C.
1447(b)) is amended to read as follows:
``(b) Request for Hearing Before District Court.--If there
is a failure to render a final administrative decision under
section 335 before the end of the 180-day period beginning on
the date on which the Secretary of Homeland Security
completes all examinations and interviews required under such
section, the applicant may apply to the district court for
the district in which the applicant resides for a hearing on
the matter. Such district court shall only have jurisdiction
to review the basis for delay and remand the matter to the
Secretary of Homeland Security for the Secretary's
determination on the application.''.
(h) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act;
(2) shall apply to any act that occurred before, on, or
after such date of enactment; and
(3) shall apply to any application for naturalization or
any other case or matter under the immigration laws pending
on, or filed after, such date of enactment.

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

(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (J);
and
(B) by inserting after subparagraph (E) the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who a
consular officer, the Attorney General, or the Secretary of
Homeland Security knows or has reason to believe--
``(i) is, or has been, a member of a criminal street gang
(as defined in section 521(a) of title 18, United States
Code); or
``(ii) has participated in the activities of a criminal
street gang, knowing or having reason to know that such
activities promoted, furthered, aided, or supported the
illegal activity of the criminal gang,
is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who the
Secretary of Homeland Security or the Attorney General knows
or has reason to believe--
``(i) is, or at any time after admission has been, a member
of a criminal street gang (as defined in section 521(a) of
title 18, United States Code); or
``(ii) has participated in the activities of a criminal
street gang, knowing or having reason to know that such
activities promoted, furthered, aided, or supported the
illegal activity of the criminal gang,
is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(B) in subsection (b)(3)--
(i) in subparagraph (B), by striking the last sentence and
inserting the following: ``Notwithstanding any other
provision of this section, the Secretary of Homeland Security
may, for any reason (including national security), terminate
or modify any designation under this section. Such
termination or modification is effective upon publication in
the Federal Register, or after such time as the Secretary may
designate in the Federal Register.'';
(ii) in subparagraph (C), by striking ``a period of 12 or
18 months'' and inserting ``any other period not to exceed 18
months'';
(C) in subsection (c)--
(i) in paragraph (1)(B), by striking ``The amount of any
such fee shall not exceed $50.'';
(ii) in paragraph (2)(B)--

(I) in clause (i), by striking ``, or'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the following:

``(iii) the alien is, or at any time after admission has
been, a member of a criminal street gang (as defined in
section 521(a) of title 18, United States Code).''; and
(D) in subsection (d)--
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end the following:
``The Secretary of Homeland Security may detain an alien
provided temporary protected status under this section
whenever appropriate under any other provision of law.''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C.
1253) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``212(a) or'' after ``section''; and
(B) in the matter following subparagraph (D)--
(i) by striking ``or imprisoned not more than four years''
and inserting ``and imprisoned for not less than 6 months or
more than 5 years''; and
(ii) by striking ``, or both'';
(2) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and
inserting ``under title 18, United States Code, and
imprisoned for not less than 6 months or more than 5 years
(or for not more than 10 years if the alien is a member of
any of the classes described in paragraphs (1)(E), (2), (3),
and (4) of section 237(a))''; and
(3) by amending subsection (d) to read as follows:
``(d) Denying Visas to Nationals of Country Denying or
Delaying Accepting Alien.--The Secretary of Homeland
Security, after making a determination that the government of
a foreign country has denied or unreasonably delayed
accepting an alien who is a citizen, subject, national, or
resident of that country after the alien has been ordered
removed, and after consultation with the Secretary of State,
may instruct the Secretary of State to deny a visa to any
citizen, subject, national, or resident of that country until
the country accepts the alien that was ordered removed.''.
(c) Alien Smuggling and Related Offenses.--
(1) In general.--Section 274 (8 U.S.C. 1324), is amended to
read as follows:

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

``(a) Criminal Offenses and Penalties.--
``(1) Prohibited activities.--Except as provided in
paragraph (3), a person shall be punished as provided under
paragraph (2), if the person--
``(A) facilitates, encourages, directs, or induces a person
to come to or enter the United States, or to cross the border
to the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to come to, enter, or cross the border to the United States;
``(B) facilitates, encourages, directs, or induces a person
to come to or enter the United States, or to cross the border
to the United States, at a place other than a designated port
of entry or place other than as designated by the Secretary
of Homeland Security, knowing or in reckless disregard of the
fact that such person is an alien and regardless of whether
such alien has official permission or lawful authority to be
in the United States;
``(C) transports, moves, harbors, conceals, or shields from
detection a person outside of the United States knowing or in
reckless disregard of the fact that such person is an alien
in unlawful transit from 1 country to another or on the high
seas, under circumstances in which the alien is seeking to
enter the United States without official permission or legal
authority;
``(D) encourages or induces a person to reside or remain in
the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to reside in or remain in the United States;
``(E) transports or moves a person in the United States,
knowing or in reckless disregard of the fact that such person
is an alien who lacks lawful authority to enter or be in the
United States, if the transportation or movement will further
the alien's illegal entry into or illegal presence in the
United States;
``(F) harbors, conceals, or shields from detection a person
in the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority
to be in the United States; or
``(G) conspires or attempts to commit any of the acts
described in subparagraphs (A) through (F).
``(2) Criminal penalties.--A person who violates any
provision under paragraph (1)--

[[Page S2352]]

``(A) except as provided in subparagraphs (C) through (G),
if the offense was not committed for commercial advantage,
profit, or private financial gain, shall be fined under title
18, United States Code, imprisoned for not more than 5 years,
or both;
``(B) except as provided in subparagraphs (C) through (G),
if the offense was committed for commercial advantage,
profit, or private financial gain--
``(i) if the violation is the offender's first violation
under this subparagraph, shall be fined under such title,
imprisoned for not more than 20 years, or both; or
``(ii) if the violation is the offender's second or
subsequent violation of this subparagraph, shall be fined
under such title, imprisoned for not less than 3 years or
more than 20 years, or both;
``(C) if the offense furthered or aided the commission of
any other offense against the United States or any State that
is punishable by imprisonment for more than 1 year, shall be
fined under such title, imprisoned for not less than 5 years
or more than 20 years, or both;
``(D) shall be fined under such title, imprisoned not less
than 5 years or more than 20 years, or both, if the offense
created a substantial and foreseeable risk of death, a
substantial and foreseeable risk of serious bodily injury (as
defined in section 2119(2) of title 18, United States Code),
or inhumane conditions to another person, including--
``(i) transporting the person in an engine compartment,
storage compartment, or other confined space;
``(ii) transporting the person at an excessive speed or in
excess of the rated capacity of the means of transportation;
or
``(iii) transporting the person in, harboring the person
in, or otherwise subjecting the person to crowded or
dangerous conditions;
``(E) if the offense caused serious bodily injury (as
defined in section 2119(2) of title 18, United States Code)
to any person, shall be fined under such title, imprisoned
for not less than 7 years or more than 30 years, or both;
``(F) shall be fined under such title and imprisoned for
not less than 10 years or more than 30 years if the offense
involved an alien who the offender knew or had reason to
believe was--
``(i) engaged in terrorist activity (as defined in section
212(a)(3)(B)); or
``(ii) intending to engage in terrorist activity;
``(G) if the offense caused or resulted in the death of any
person, shall be punished by death or imprisoned for a term
of years not less than 10 years and up to life, and fined
under title 18, United States Code.
``(3) Limitation.--It is not a violation of subparagraph
(D), (E), or (F) of paragraph (1)--
``(A) for a religious denomination having a bona fide
nonprofit, religious organization in the United States, or
the agents or officers of such denomination or organization,
to encourage, invite, call, allow, or enable an alien who is
present in the United States to perform the vocation of a
minister or missionary for the denomination or organization
in the United States as a volunteer who is not compensated as
an employee, notwithstanding the provision of room, board,
travel, medical assistance, and other basic living expenses,
provided the minister or missionary has been a member of the
denomination for at least 1 year; or
``(B) for an individual to provide an alien with emergency
humanitarian assistance, including emergency medical care and
food, or to transport the alien to a location where such
assistance can be rendered, provided that such assistance is
rendered without compensation or the expectation of
compensation.
``(4) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Employment of Unauthorized Aliens.--
``(1) Criminal offense and penalties.--Any person who,
during any 12-month period, knowingly employs 10 or more
individuals with actual knowledge or in reckless disregard of
the fact that the individuals are aliens described in
paragraph (2), shall be fined under title 18, United States
Code, imprisoned for not more than 10 years, or both.
``(2) Definition.--An alien described in this paragraph is
an alien who--
``(A) is an unauthorized alien (as defined in section
274A(h)(3));
``(B) is present in the United States without lawful
authority; and
``(C) has been brought into the United States in violation
of this subsection.
``(c) Seizure and Forfeiture.--
``(1) In general.--Any real or personal property used to
commit or facilitate the commission of a violation of this
section, the gross proceeds of such violation, and any
property traceable to such property or proceeds, shall be
subject to forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents,
and other persons as may be designated for that purpose by
the Secretary of Homeland Security.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, prima facie evidence that an alien involved
in the alleged violation lacks lawful authority to come to,
enter, reside in, remain in, or be in the United States or
that such alien had come to, entered, resided in, remained
in, or been present in the United States in violation of law
shall include--
``(A) any order, finding, or determination concerning the
alien's status or lack of status made by a Federal judge or
administrative adjudicator (including an immigration judge or
immigration officer) during any judicial or administrative
proceeding authorized under Federal immigration law;
``(B) official records of the Department of Homeland
Security, the Department of Justice, or the Department of
State concerning the alien's status or lack of status; and
``(C) testimony by an immigration officer having personal
knowledge of the facts concerning the alien's status or lack
of status.
``(d) Authority to Arrest.--No officer or person shall have
authority to make any arrests for a violation of any
provision of this section except--
``(1) officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a
class; and
``(2) other officers responsible for the enforcement of
Federal criminal laws.
``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped or otherwise audiovisually preserved
deposition of a witness to a violation of subsection (a) who
has been deported or otherwise expelled from the United
States, or is otherwise unavailable to testify, may be
admitted into evidence in an action brought for that
violation if--
``(1) the witness was available for cross examination at
the deposition by the party, if any, opposing admission of
the testimony; and
``(2) the deposition otherwise complies with the Federal
Rules of Evidence.
``(f) Outreach Program.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, as appropriate, shall--
``(A) develop and implement an outreach program to educate
people in and out of the United States about the penalties
for bringing in and harboring aliens in violation of this
section; and
``(B) establish the American Local and Interior Enforcement
Needs (ALIEN) Task Force to identify and respond to the use
of Federal, State, and local transportation infrastructure to
further the trafficking of unlawful aliens within the United
States.
``(2) Field offices.--The Secretary of Homeland Security,
after consulting with State and local government officials,
shall establish such field offices as may be necessary to
carry out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums are necessary for the
fiscal years 2007 through 2011 to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Crossed the border into the united states.--An alien
is deemed to have crossed the border into the United States
regardless of whether the alien is free from official
restraint.
``(2) Lawful authority.--The term `lawful authority' means
permission, authorization, or license that is expressly
provided for in the immigration laws of the United States or
accompanying regulations. The term does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority sought, but not approved. No alien shall
be deemed to have lawful authority to come to, enter, reside
in, remain in, or be in the United States if such coming to,
entry, residence, remaining, or presence was, is, or would be
in violation of law.
``(3) Proceeds.--The term `proceeds' includes any property
or interest in property obtained or retained as a consequence
of an act or omission in violation of this section.
``(4) Unlawful transit.--The term `unlawful transit' means
travel, movement, or temporary presence that violates the
laws of any country in which the alien is present or any
country from which the alien is traveling or moving.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 274 and inserting
the following:

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

SEC. 206. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.

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

[[Page S2353]]

``SEC. 275. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.

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

``Sec. 275. Illegal entry or unlawful presence of an alien.''.

SEC. 207. ILLEGAL REENTRY.

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

``SEC. 276. REENTRY OF REMOVED ALIEN.

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

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

(a) In General.--Chapter 75 of title 18, United States
Code, is amended to read as follows:

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.

[[Page S2354]]

``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.

``Sec. 1541. Trafficking in passports

``(a) Multiple Passports.--Any person who, during any 3-
year period, knowingly-
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport
(including any supporting documentation), knowing the
applications to contain any false statement or
representation,
shall be fined under this title, imprisoned not more than 20
years, or both.
``(b) Passport Materials.--Any person who knowingly and
without lawful authority produces, counterfeits, secures,
possesses, or uses any official paper, seal, hologram, image,
text, symbol, stamp, engraving, plate, or other material used
to make a passport shall be fined under this title,
imprisoned not more than 20 years, or both.

``Sec. 1542. False statement in an application for a passport

``Any person who knowingly--
``(1) makes any false statement or representation in an
application for a United States passport (including any
supporting documentation);
``(2) completes, mails, prepares, presents, signs, or
submits an application for a United States passport
(including any supporting documentation) knowing the
application to contain any false statement or representation;
or
``(3) causes or attempts to cause the production of a
passport by means of any fraud or false application for a
United States passport (including any supporting
documentation), if such production occurs or would occur at a
facility authorized by the Secretary of State for the
production of passports,
shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1543. Forgery and unlawful production of a passport

``(a) Forgery.--Any person who--
``(1) knowingly forges, counterfeits, alters, or falsely
makes any passport; or
``(2) knowingly transfers any passport knowing it to be
forged, counterfeited, altered, falsely made, stolen, or to
have been produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Unlawful Production.--Any person who knowingly and
without lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person not owing allegiance to
the United States; or
``(3) transfers or furnishes a passport to a person for use
when such person is not the person for whom the passport was
issued or designed,
shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1544. Misuse of a passport

``(a) In General.--Any person who--
``(1) knowingly uses any passport issued or designed for
the use of another;
``(2) knowingly uses any passport in violation of the
conditions or restrictions therein contained, or in violation
of the laws, regulations, or rules governing the issuance and
use of the passport;
``(3) knowingly secures, possesses, uses, receives, buys,
sells, or distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) knowingly violates the terms and conditions of any
safe conduct duly obtained and issued under the authority of
the United States,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Entry; Fraud.--Any person who knowingly uses any
passport, knowing the passport to be forged, counterfeited,
altered, falsely made, procured by fraud, produced or issued
without lawful authority, or issued or designed for the use
of another--
``(1) to enter or to attempt to enter the United States; or
``(2) to defraud the United States, a State, or a political
subdivision of a State,
shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 1545. Schemes to defraud aliens

``(a) In General.--Any person who knowingly executes a
scheme or artifice, in connection with any matter that is
authorized by or arises under Federal immigration laws, or
any matter the offender claims or represents is authorized by
or arises under Federal immigration laws--
``(1) to defraud any person, or
``(2) to obtain or receive from any person, by means of
false or fraudulent pretenses, representations, promises,
money or anything else of value,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Misrepresentation.--Any person who knowingly and
falsely represents himself to be an attorney in any matter
arising under Federal immigration laws shall be fined under
this title, imprisoned not more than 15 years, or both.

``Sec. 1546. Immigration and visa fraud

``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to
be forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes an immigration document to a
person without lawful authority for use if such person is not
the person for whom the immigration document was issued or
designed,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Multiple Violations.--Any person who, during any 3-
year period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen,
falsely made, procured by fraud, or produced or issued
without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the
documents to contain any materially false statement or
representation,
shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Immigration Document Materials.--Any person who
knowingly and without lawful authority produces,
counterfeits, secures, possesses, or uses any official paper,
seal, hologram, image, text, symbol, stamp, engraving, plate,
or other material, used to make an immigration document shall
be fined under this title, imprisoned not more than 20 years,
or both.

``Sec. 1547. Marriage fraud

``(a) Evasion or Misrepresentation.--Any person who--
``(1) knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws; or
``(2) knowingly misrepresents the existence or
circumstances of a marriage--
``(A) in an application or document authorized by the
immigration laws; or
``(B) during any immigration proceeding conducted by an
administrative adjudicator (including an immigration officer
or examiner, a consular officer, an immigration judge, or a
member of the Board of Immigration Appeals),
shall be fined under this title, imprisoned not more than 10
years, or both.
``(b) Multiple Marriages.--Any person who--
``(1) knowingly enters into 2 or more marriages for the
purpose of evading any immigration law; or
``(2) knowingly arranges, supports, or facilitates 2 or
more marriages designed or intended to evade any immigration
law,
shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Commercial Enterprise.--Any person who knowingly
establishes a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be fined
under this title, imprisoned for not more than 10 years, or
both.
``(d) Duration of Offense.--
``(1) In general.--An offense under subsection (a) or (b)
continues until the fraudulent nature of the marriage or
marriages is discovered by an immigration officer.
``(2) Commercial enterprise.--An offense under subsection
(c) continues until the fraudulent nature of commercial
enterprise is discovered by an immigration officer or other
law enforcement officer.

``Sec. 1548. Attempts and conspiracies

``Any person who attempts or conspires to violate any
section of this chapter shall be punished in the same manner
as a person who completed a violation of that section.

``Sec. 1549. Alternative penalties for certain offenses

``(a) Terrorism.--Any person who violates any section of
this chapter--
``(1) knowing that such violation will facilitate an act of
international terrorism or domestic terrorism (as those terms
are defined in section 2331); or
``(2) with the intent to facilitate an act of international
terrorism or domestic terrorism,
shall be fined under this title, imprisoned not more than 25
years, or both.

[[Page S2355]]

``(b) Offense Against Government.--Any person who violates
any section of this chapter--
``(1) knowing that such violation will facilitate the
commission of any offense against the United States (other
than an offense in this chapter) or against any State, which
offense is punishable by imprisonment for more than 1 year;
or
``(2) with the intent to facilitate the commission of any
offense against the United States (other than an offense in
this chapter) or against any State, which offense is
punishable by imprisonment for more than 1 year,
shall be fined under this title, imprisoned not more than 20
years, or both.

``Sec. 1550. Seizure and forfeiture

``(a) Forfeiture.--Any property, real or personal, used to
commit or facilitate the commission of a violation of any
section of this chapter, the gross proceeds of such
violation, and any property traceable to such property or
proceeds, shall be subject to forfeiture.
``(b) Applicable Law.--Seizures and forfeitures under this
section shall be governed by the provisions of chapter 46
relating to civil forfeitures, except that such duties as are
imposed upon the Secretary of the Treasury under the customs
laws described in section 981(d) shall be performed by such
officers, agents, and other persons as may be designated for
that purpose by the Secretary of Homeland Security, the
Secretary of State, or the Attorney General.

``Sec. 1551. Additional jurisdiction

``(a) In General.--Any person who commits an offense under
this chapter within the special maritime and territorial
jurisdiction of the United States shall be punished as
provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who
commits an offense under this chapter outside the United
States shall be punished as provided under this chapter if--
``(1) the offense involves a United States immigration
document (or any document purporting to be such a document)
or any matter, right, or benefit arising under or authorized
by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a
drug trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.

``Sec. 1552. Additional venue

``(a) In General.--An offense under section 1542 may be
prosecuted in--
``(1) any district in which the false statement or
representation was made;
``(2) any district in which the passport application was
prepared, submitted, mailed, received, processed, or
adjudicated; or
``(3) in the case of an application prepared and
adjudicated outside the United States, in the district in
which the resultant passport was produced.
``(b) Savings Clause.--Nothing in this section limits the
venue otherwise available under sections 3237 and 3238.

``Sec. 1553. Definitions

``As used in this chapter:
``(1) The term `falsely make' means to prepare or complete
an immigration document with knowledge or in reckless
disregard of the fact that the document--
``(A) contains a statement or representation that is false,
fictitious, or fraudulent;
``(B) has no basis in fact or law; or
``(C) otherwise fails to state a fact which is material to
the purpose for which the document was created, designed, or
submitted.
``(2) The term a `false statement or representation'
includes a personation or an omission.
``(3) The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(4) The term `immigration document'--
``(A) means--
``(i) any passport or visa; or
``(ii) any application, petition, affidavit, declaration,
attestation, form, identification card, alien registration
document, employment authorization document, border crossing
card, certificate, permit, order, license, stamp,
authorization, grant of authority, or other evidentiary
document, arising under or authorized by the immigration laws
of the United States; and
``(B) includes any document, photograph, or other piece of
evidence attached to or submitted in support of an
immigration document.
``(5) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the authority of any
law described in paragraphs (1) and (2).
``(6) The term `immigration proceeding' includes an
adjudication, interview, hearing, or review.
``(7) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(8) The term `passport' means a travel document attesting
to the identity and nationality of the bearer that is issued
under the authority of the Secretary of State, a foreign
government, or an international organization; or any
instrument purporting to be the same.
``(9) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(10) The term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.

``Sec. 1554. Authorized law enforcement activities

``Nothing in this chapter shall prohibit any lawfully
authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a
State, or a political subdivision of a State, or an
intelligence agency of the United States, or any activity
authorized under title V of the Organized Crime Control Act
of 1970 (84 Stat. 933).''.
(b) Clerical Amendment.--The table of chapters in title 18,
United States Code, is amended by striking the item relating
to chapter 75 and inserting the following:

``75. Passport, visa, and immigration fraud.....................1541''.

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

(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended-
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:

``(III) a violation of (or a conspiracy or attempt to
violate) any provision of chapter 75 of title 18, United
States Code,''.

(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(iii) of a violation of any provision of chapter 75 of
title 18, United States Code,''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to proceedings pending on or after the
date of the enactment of this Act.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

(a) Institutional Removal Program.--
(1) Continuation.--The Secretary shall continue to operate
the Institutional Removal Program (referred to in this
section as the ``Program'') or shall develop and implement
another program to--
(A) identify removable criminal aliens in Federal and State
correctional facilities;
(B) ensure that such aliens are not released into the
community; and
(C) remove such aliens from the United States after the
completion of their sentences.
(2) Expansion.--The Secretary may extend the scope of the
Program to all States.
(b) Authorization for Detention After Completion of State
or Local Prison Sentence.--Law enforcement officers of a
State or political subdivision of a State may--
(1) hold an illegal alien for a period not to exceed 14
days after the completion of the alien's State prison
sentence to effectuate the transfer of the alien to Federal
custody if the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until authorized employees of the Bureau of
Immigration and Customs Enforcement can take the alien into
custody.
(c) Technology Usage.--Technology, such as
videoconferencing, shall be used to the maximum extent
practicable to make the Program available in remote
locations. Mobile access to Federal databases of aliens, such
as IDENT, and live scan technology shall be used to the
maximum extent practicable to make these resources available
to State and local law enforcement agencies in remote
locations.
(d) Report to Congress.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter,
the Secretary shall submit a report to Congress on the
participation of States in the Program and in any other
program authorized under subsection (a).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary in each of
the fiscal years 2007 through 2011 to carry out the Program.

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Instead of removal proceedings.--If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a),
the Secretary of Homeland Security may permit the

[[Page S2356]]

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

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

(a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C.
1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not
later than 10 years after the date of the

[[Page S2357]]

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

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

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

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

(a) In General.--Section 3291 of title 18, United States
Code, is amended to read as follows:

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

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

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

SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

(a) In General.--Section 103 (8 U.S.C. 1103) is amended--
(1) by amending subsection (f) to read as follows:
``(f) Minimum Number of Agents in States.--
``(1) In general.--The Secretary of Homeland Security shall
allocate to each State--
``(A) not fewer than 40 full-time active duty agents of the
Bureau of Immigration and Customs Enforcement to--
``(i) investigate immigration violations; and
``(ii) ensure the departure of all removable aliens; and
``(B) not fewer than 15 full-time active duty agents of the
Bureau of Citizenship and Immigration Services to carry out
immigration and naturalization adjudication functions.
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) for any State with a population of less than
2,000,000, as most recently reported by the Bureau of the
Census''; and
(2) by adding at the end the following:
``(i) Notwithstanding any other provision of law,
appropriate background and security checks, as determined by
the Secretary of Homeland Security, shall be completed and
assessed and any suspected or alleged fraud relating to the
granting of any status (including the granting of adjustment
of status), relief, protection from removal, or other benefit
under this Act shall be investigated and resolved before the
Secretary or the Attorney General may--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the
immigration laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any
court.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall take effect on the date that is 90 days after
the date of the enactment of this Act.

SEC. 217. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

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

``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction.''.

SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

(a) Reimbursement for Costs Associated With Processing
Criminal Illegal Aliens.--The Secretary of Homeland Security
shall reimburse States and units of local government for
costs associated with processing undocumented criminal aliens
through the criminal justice system, including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) courts costs.
(b) Authorization of Appropriations.--
(1) Processing criminal illegal aliens.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2012 to carry out subsection (a).
(2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry this
subsection--
``(A) such sums as may be necessary for fiscal year 2007;
``(B) $750,000,000 for fiscal year 2008;
``(C) $850,000,000 for fiscal year 2009; and

[[Page S2358]]

``(D) $950,000,000 for each of the fiscal years 2010
through 2012.''.
(c) Technical Amendment.--Section 501 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.

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

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

SEC. 220. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION
LAWS.

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

SEC. 221. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON
TRIBAL LANDS.

(a) Grants Authorized.--The Secretary may award grants to
Indian tribes with lands adjacent to an international border
of the United States that have been adversely affected by
illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department for Indian
tribes, either directly or through State or local grants,
relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out this section.

SEC. 222. ALTERNATIVES TO DETENTION.

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

SEC. 223. CONFORMING AMENDMENT.

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

SEC. 224. REPORTING REQUIREMENTS.

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

[[Page S2359]]

shall be taken into custody in connection with removal of the
alien. If the alien has not been inspected or admitted, or if
the alien has failed on more than 1 occasion to submit notice
of the alien's current address as required under section 265,
the alien may be presumed to be a flight risk. The Secretary
or the Attorney General, in considering any form of relief
from removal which may be granted in the discretion of the
Secretary or the Attorney General, may take into
consideration the alien's failure to comply with section 265
as a separate negative factor. If the alien failed to comply
with the requirements of section 265 after becoming subject
to a final order of removal, deportation, or exclusion, the
alien's failure shall be considered as a strongly negative
factor with respect to any discretionary motion for reopening
or reconsideration filed by the alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to proceedings
initiated on or after the date of the enactment of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.

SEC. 225. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR
BETWEEN PORTS OF ENTRY.

(a) In General.--Beginning on October 1, 2006, an alien who
is attempting to illegally enter the United States and who is
apprehended at a United States port of entry or along the
international land or maritime border of the United States
shall be detained until removed or a final decision granting
admission has been determined, unless the alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1225(a)(4)) and immediately departs from the
United States pursuant to such section; or
(2) is paroled into the United States by the Secretary for
urgent humanitarian reasons or significant public benefit in
accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days
after the date of the enactment of this Act and before
October 1, 2006, an alien described in subsection (a) may be
released with a notice to appear only if--
(1) the Secretary determines, after conducting all
appropriate background and security checks on the alien, that
the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction.--
(1) Asylum and removal.--Nothing in this section shall be
construed as limiting the right of an alien to apply for
asylum or for relief or deferral of removal based on a fear
of persecution.
(2) Treatment of certain aliens.--The mandatory detention
requirement in subsection (a) shall not apply to any alien
who is a native or citizen of a country in the Western
Hemisphere with whose government the United States does not
have full diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary, in the
Secretary's sole unreviewable discretion, to determine
whether an alien described in clause (ii) of section
235(b)(1)(B) of the Immigration and Nationality Act shall be
detained or released after a finding of a credible fear of
persecution (as defined in clause (v) of such section).

SEC. 226. REMOVAL OF DRUNK DRIVERS.

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

SEC. 227. EXPEDITED REMOVAL.

(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting
``expedited removal of criminal aliens'';
(2) in subsection (a), by striking the subsection heading
and inserting: ``Expedited Removal From Correctional
Facilities.--'';
(3) in subsection (b), by striking the subsection heading
and inserting: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary of Homeland Security may,
in the case of an alien described in paragraph (2), determine
the deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien, whether or not admitted into the
United States, was convicted of any criminal offense
described in subparagraph (A)(iii), (C), or (D) of section
237(a)(2).'';
(5) in the subsection (c) that relates to presumption of
deportability, by striking ``convicted of an aggravated
felony'' and inserting ``described in subsection (b)(2)'';
(6) by redesignating the subsection (c) that relates to
judicial removal as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Application to Certain Aliens.--
(1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(A) in subclause (I), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(B) by adding at the end the following new subclause:

``(III) Exception.--Notwithstanding subclauses (I) and
(II), the Secretary of Homeland Security shall apply clauses
(i) and (ii) of this subparagraph to any alien (other than an
alien described in subparagraph (F)) who is not a national of
a country contiguous to the United States, who has not been
admitted or paroled into the United States, and who is
apprehended within 100 miles of an international land border
of the United States and within 14 days of entry.''.

(2) Exceptions.--Section 235(b)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
(A) by striking ``and who arrives by aircraft at a port of
entry'' and inserting ``and--''; and
(B) by adding at the end the following:
``(i) who arrives by aircraft at a port of entry; or
``(ii) who is present in the United States and arrived in
any manner at or between a port of entry.''.
(c) Limit on Injunctive Relief.--Section 242(f)(2) (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to all aliens apprehended or convicted on or
after such date.

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

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

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

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

``(a) Authority.--Notwithstanding any other provision of
law, law enforcement personnel of a State or a political
subdivision of a State have the inherent authority of a
sovereign entity to investigate, apprehend, arrest, detain,
or transfer to Federal custody (including the transportation
across State lines to detention centers) an alien for the
purpose of assisting in the enforcement of the criminal
provisions of the immigration laws of the United States in
the normal course of carrying out the law enforcement duties
of such personnel. This State authority has never been
displaced or preempted by a Federal law.
``(b) Construction.--Nothing in this subsection shall be
construed to require law enforcement personnel of a State or
a political subdivision to assist in the enforcement of the
immigration laws of the United States.
``(c) Transfer.--If the head of a law enforcement entity of
a State (or, if appropriate, a political subdivision of the
State) exercising authority with respect to the apprehension
or arrest of an alien submits a request to the Secretary of
Homeland Security

[[Page S2360]]

that the alien be taken into Federal custody, the Secretary
of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to verify
immigration status described in section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(c)), and expeditiously inform the requesting
entity whether such individual is an alien lawfully admitted
to the United States or is otherwise lawfully present in the
United States; and
``(B) if the individual is an alien who is not lawfully
admitted to the United States or otherwise is not lawfully
present in the United States, either--
``(i) not later than 72 hours after the conclusion of the
State charging process or dismissal process, or if no State
charging or dismissal process is required, not later than 72
hours after the illegal alien is apprehended, take the
illegal alien into the custody of the Federal Government; or
``(ii) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien
to a location for transfer to Federal custody; and
``(2) shall designate at least 1 Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(d) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State or a political subdivision of a State for
expenses, as verified by the Secretary of Homeland Security,
incurred by the State or political subdivision in the
detention and transportation of an alien as described in
subparagraphs (A) and (B) of subsection (c)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (c)(1)
shall be--
``(A) the product of--
``(i) the average daily cost of incarceration of a prisoner
in the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political
subdivision of the State); multiplied by
``(ii) the number of days that the alien was in the custody
of the State or political subdivision; plus
``(B) the cost of transporting the alien from the point of
apprehension or arrest to the location of detention, and if
the location of detention and of custody transfer are
different, to the custody transfer point; plus
``(C) The cost of uncompensated emergency medical care
provided to a detained alien during the period between the
time of transmittal of the request described in subsection
(c) and the time of transfer into Federal custody.
``(e) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that aliens incarcerated in
a Federal facility pursuant to this subsection are held in
facilities which provide an appropriate level of security,
and that, where practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a
facility or facilities.
``(f) Requirement for Schedule.--In carrying out this
section, the Secretary of Homeland Security shall establish a
regular circuit and schedule for the prompt transportation of
apprehended aliens from the custody of those States and
political subdivisions of States which routinely submit
requests described in subsection (c) into Federal custody.
``(g) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with
appropriate State and local law enforcement and detention
agencies to implement this section.
``(2) Determination by secretary.--Prior to entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary
shall determine whether the State, or where appropriate, the
political subdivision in which the agencies are located has
in place any formal or informal policy that violates section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary
shall not allocate any of the funds made available under this
section to any State or political subdivision that has in
place a policy that violates such section.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully
Present.--There are authorized to be appropriated
$850,000,000 for fiscal year 2007 and each subsequent fiscal
year for the detention and removal of aliens not lawfully
present in the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 230. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

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

SEC. 231. LAUNDERING OF MONETARY INSTRUMENTS.

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

SEC. 232. SEVERABILITY.

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

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an alien
for employment in the United States knowing, or with reason
to know, that the alien is an unauthorized alien with respect
to such employment; or
``(B) to hire, or to recruit or refer for a fee, for
employment in the United States an individual unless such
employer meets the requirements of subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing or
with reason to know that the alien is (or has become) an
unauthorized alien with respect to such employment.
``(3) Use of labor through contract.--In this section, an
employer who uses a contract, subcontract, or exchange,
entered into, renegotiated, or extended after the date of the
enactment of the Securing America's Borders Act, to obtain
the labor of an alien in the United States knowing, or with
reason to know, that the alien is an unauthorized alien with
respect to performing such labor, shall be considered to have
hired the alien for employment in the United States in
violation of paragraph (1)(A).
``(4) Rebuttable presumption of unlawful hiring.--If the
Secretary determines that an employer has hired more than 10
unauthorized aliens during a calendar year, a rebuttable
presumption is created for the purpose of a civil enforcement
proceeding, that the employer knew or had reason to know that
such aliens were unauthorized.
``(5) Defense.--
``(A) In general.--Subject to subparagraph (B), an employer
that establishes that the employer has complied in good faith
with the requirements of subsections (c) and (d) has

[[Page S2361]]

established an affirmative defense that the employer has not
violated paragraph (1)(A) with respect to such hiring,
recruiting, or referral.
``(B) Exception.--Until the date that an employer is
required to participate in the Electronic Employment
Verification System under subsection (d) or is permitted to
participate in such System on a voluntary basis, the employer
may establish an affirmative defense under subparagraph (A)
without a showing of compliance with subsection (d).
``(b) Order of Internal Review and Certification of
Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is authorized, at
any time, to require that the employer certify that the
employer is in compliance with this section, or has
instituted a program to come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the chief executive officer
or similar official of the employer shall certify under
penalty of perjury that--
``(A) the employer is in compliance with the requirements
of subsections (c) and (d); or
``(B) that the employer has instituted a program to come
into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good
cause, at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for
certification and for specific record keeping practices with
respect to such certification, and procedures for the audit
of any records related to such certification.
``(c) Document Verification Requirements.--An employer
hiring, or recruiting or referring for a fee, an individual
for employment in the United States shall take all reasonable
steps to verify that the individual is eligible for such
employment. Such steps shall include meeting the requirements
of subsection (d) and the following paragraphs:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall attest, under penalty
of perjury and on a form prescribed by the Secretary, that
the employer has verified the identity and eligibility for
employment of the individual by examining--

``(I) a document described in subparagraph (B); or
``(II) a document described in subparagraph (C) and a
document described in subparagraph (D).

``(ii) Signature requirements.--An attestation required by
clause (i) may be manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--An employer has
complied with the requirement of this paragraph with respect
to examination of documentation if, based on the totality of
the circumstances, a reasonable person would conclude that
the document examined is genuine and establishes the
individual's identity and eligibility for employment in the
United States.
``(iv) Requirements for employment eligibility system
participants.--A participant in the Electronic Employment
Verification System established under subsection (d),
regardless of whether such participation is voluntary or
mandatory, shall be permitted to utilize any technology that
is consistent with this section and with any regulation or
guidance from the Secretary to streamline the procedures to
comply with the attestation requirement, and to comply with
the employment eligibility verification requirements
contained in this section.
``(B) Documents establishing both employment eligibility
and identity.--A document described in this subparagraph is
an individual's--
``(i) United States passport; or
``(ii) permanent resident card or other document designated
by the Secretary, if the document--

``(I) contains a photograph of the individual and such
other personal identifying information relating to the
individual that the Secretary proscribes in regulations is
sufficient for the purposes of this subparagraph;
``(II) is evidence of eligibility for employment in the
United States; and
``(III) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.

``(C) Documents evidencing employment eligibility.--A
document described in this subparagraph is an individual's--
``(i) social security account number card issued by the
Commissioner of Social Security (other than a card which
specifies on its face that the issuance of the card does not
authorize employment in the United States); or
``(ii) any other documents evidencing eligibility of
employment in the United States, if--

``(I) the Secretary has published a notice in the Federal
Register stating that such document is acceptable for
purposes of this subparagraph; and
``(II) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.

``(D) Documents establishing identity of individual.--A
document described in this subparagraph is an individual's--
``(i) driver's license or identity card issued by a State,
the Commonwealth of the Northern Mariana Islands, or an
outlying possession of the United States that complies with
the requirements of the REAL ID Act of 2005 (division B of
Public Law 109-13; 119 Stat. 302);
``(ii) driver's license or identity card issued by a State,
the Commonwealth of the Northern Mariana Islands, or an
outlying possession of the United States that is not in
compliance with the requirements of the REAL ID Act of 2005,
if the license or identity card--

``(I) is not required by the Secretary to comply with such
requirements; and
``(II) contains the individual's photograph or information,
including the individual's name, date of birth, gender, and
address; and

``(iii) identification card issued by a Federal agency or
department, including a branch of the Armed Forces, or an
agency, department, or entity of a State, or a Native
American tribal document, provided that such card or
document--

``(I) contains the individual's photograph or information
including the individual's name, date of birth, gender, eye
color, and address; and
``(II) contains security features to make the card
resistant to tampering, counterfeiting, and fraudulent use;
or

``(iv) in the case of an individual who is under 16 years
of age who is unable to present a document described in
clause (i), (ii), or (iii) a document of personal identity of
such other type that--

``(I) the Secretary determines is a reliable means of
identification; and
``(II) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.

``(E) Authority to prohibit use of certain documents.--
``(i) Authority.--If the Secretary finds that a document or
class of documents described in subparagraph (B), (C), or (D)
is not reliable to establish identity or eligibility for
employment (as the case may be) or is being used fraudulently
to an unacceptable degree, the Secretary is authorized to
prohibit, or impose conditions, on the use of such document
or class of documents for purposes of this subsection.
``(ii) Requirement for publication.--The Secretary shall
publish notice of any findings under clause (i) in the
Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall attest, under
penalty of perjury on the form prescribed by the Secretary,
that the individual is a national of the United States, an
alien lawfully admitted for permanent residence, or an alien
who is authorized under this Act or by the Secretary to be
hired, recruited or referred for a fee, in the United States.
``(ii) Signature for examination.--An attestation required
by clause (i) may be manifested by a handwritten or
electronic signature.
``(B) Penalties.--An individual who falsely represents that
the individual is eligible for employment in the United
States in an attestation required by subparagraph (A) shall,
for each such violation, be subject to a fine of not more
than $5,000, a term of imprisonment not to exceed 3 years, or
both.
``(3) Retention of attestation.--An employer shall retain a
paper, microfiche, microfilm, or electronic version of an
attestation submitted under paragraph (1) or (2) for an
individual and make such attestations available for
inspection by an officer of the Department of Homeland
Security, any other person designated by the Secretary, the
Special Counsel for Immigration-Related Unfair Employment
Practices of the Department of Justice, or the Secretary of
Labor during a period beginning on the date of the hiring, or
recruiting or referring for a fee, of the individual and
ending--
``(A) in the case of the recruiting or referral for a fee
(without hiring) of an individual, 7 years after the date of
the recruiting or referral; or
``(B) in the case of the hiring of an individual the later
of--
``(i) 7 years after the date of such hiring;
``(ii) 1 year after the date the individual's employment is
terminated; or
``(iii) in the case of an employer or class of employers, a
period that is less than the applicable period described in
clause (i) or (ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and record keeping requirements.--
``(A) Retention of documents.--An employer shall retain,
for the applicable period described in paragraph (3), the
following documents:
``(i) In general.--Notwithstanding any other provision of
law, the employer shall copy all documents presented by an
individual pursuant to this subsection and shall retain
paper, microfiche, microfilm, or electronic copies of such
documents. Such copies shall reflect the signature of the
employer and the individual and the date of receipt of such
documents.
``(ii) Use of retained documents.--An employer shall use
copies retained under clause (i) only for the purposes of
complying with the requirements of this subsection, except as
otherwise permitted under law.
``(B) Retention of social security correspondence.--The
employer shall maintain records related to an individual of
any no-

[[Page S2362]]

match notice from the Commissioner of Social Security
regarding the individual's name or corresponding social
security account number and the steps taken to resolve each
issue described in the no-match notice.
``(C) Retention of clarification documents.--The employer
shall maintain records of any actions and copies of any
correspondence or action taken by the employer to clarify or
resolve any issue that raises reasonable doubt as to the
validity of the individual's identity or eligibility for
employment in the United States.
``(D) Retention of other records.--The Secretary may
require that an employer retain copies of additional records
related to the individual for the purposes of this section.
``(5) Penalties.--An employer that fails to comply with the
requirement of this subsection shall be subject to the
penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize,
directly or indirectly, the issuance, use, or establishment
of a national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') as described
in this subsection.
``(2) Management of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) provide a response to an inquiry made by an employer
through the Internet or other electronic media or over a
telephone line regarding an individual's identity and
eligibility for employment in the United States;
``(ii) establish a set of codes to be provided through the
System to verify such identity and authorization; and
``(iii) maintain a record of each such inquiry and the
information and codes provided in response to such inquiry.
``(B) Initial response.--Not later than 3 days after an
employer submits an inquire to the System regarding an
individual, the Secretary shall provide, through the System,
to the employer--
``(i) if the System is able to confirm the individual's
identity and eligibility for employment in the United States,
a confirmation notice, including the appropriate codes on
such confirmation notice; or
``(ii) if the System is unable to confirm the individual's
identity or eligibility for employment in the United States,
a tentative nonconfirmation notice, including the appropriate
codes for such nonconfirmation notice.
``(C) Verification process in case of a tentative
nonconfirmation notice.--
``(i) In general.--If a tentative nonconfirmation notice is
issued under subparagraph (B)(ii), not later than 10 days
after the date an individual submits information to contest
such notice under paragraph (7)(C)(ii)(III), the Secretary,
through the System, shall issue a final confirmation notice
or a final nonconfirmation notice to the employer, including
the appropriate codes for such notice.
``(ii) Development of process.--The Secretary shall consult
with the Commissioner of Social Security to develop a
verification process to be used to provide a final
confirmation notice or a final nonconfirmation notice under
clause (i).
``(D) Design and operation of system.--The Secretary, in
consultation with the Commissioner of Social Security, shall
design and operate the System--
``(i) to maximize reliability and ease of use by employers
in a manner that protects and maintains the privacy and
security of the information maintained in the System;
``(ii) to respond to each inquiry made by an employer; and
``(iii) to track and record any occurrence when the System
is unable to receive such an inquiry;
``(iv) to include appropriate administrative, technical,
and physical safeguards to prevent unauthorized disclosure of
personal information;
``(v) to allow for monitoring of the use of the System and
provide an audit capability; and
``(vi) to have reasonable safeguards, developed in
consultation with the Attorney General, to prevent employers
from engaging in unlawful discriminatory practices, based on
national origin or citizenship status.
``(E) Responsibilities of the commissioner of social
security.--The Commissioner of Social Security shall
establish a reliable, secure method to provide through the
System, within the time periods required by subparagraphs (B)
and (C)--
``(i) a determination of whether the name and social
security account number provided in an inquiry by an employer
match such information maintained by the Commissioner in
order to confirm the validity of the information provided;
``(ii) a determination of whether such social security
account number was issued to the named individual;
``(iii) determination of whether such social security
account number is valid for employment in the United States;
and
``(iv) a confirmation notice or a nonconfirmation notice
under subparagraph (B) or (C), in a manner that ensures that
other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(F) Responsibilities of the secretary.--The Secretary
shall establish a reliable, secure method to provide through
the System, within the time periods required by subparagraphs
(B) and (C)--
``(i) a determination of whether the name and alien
identification or authorization number provided in an inquiry
by an employer match such information maintained by the
Secretary in order to confirm the validity of the information
provided;
``(ii) a determination of whether such number was issued to
the named individual;
``(iii) a determination of whether the individual is
authorized to be employed in the United States; and
``(iv) any other related information that the Secretary may
require.
``(G) Updating information.--The Commissioner of Social
Security and the Secretary shall update the information
maintained in the System in a manner that promotes maximum
accuracy and shall provide a process for the prompt
correction of erroneous information.
``(3) Requirements for participation.--Except as provided
in paragraphs (4) and (5), the Secretary shall require
employers to participate in the System as follows:
``(A) Critical employers.--
``(i) Required participation.--As of the date that is 180
days after the date of the enactment of the Securing
America's Borders Act, the Secretary shall require any
employer or class of employers to participate in the System,
with respect to employees hired by the employer prior to, on,
or after such date of enactment, if the Secretary determines,
in the Secretary's sole and unreviewable discretion, such
employer or class of employer is--

``(I) part of the critical infrastructure of the United
States; or
``(II) directly related to the national security or
homeland security of the United States.

``(ii) Discretionary participation.--As of the date that is
180 days after the date of the enactment of the Securing
America's Borders Act, the Secretary may require additional
any employer or class of employers to participate in the
System with respect to employees hired on or after such date
if the Secretary designates such employer or class of
employers, in the Secretary's sole and unreviewable
discretion, as a critical employer based on immigration
enforcement or homeland security needs.
``(B) Large employers.--Not later than 2 years after the
date of the enactment of the Securing America's Borders Act,
Secretary shall require an employer with more than 5,000
employees in the United States to participate in the System,
with respect to all employees hired by the employer after the
date the Secretary requires such participation.
``(C) Mid-sized employers.--Not later than 3 years after
the date of enactment of the Securing America's Borders Act,
the Secretary shall require an employer with less than 5,000
employees and with more than 1,000 employees in the United
States to participate in the System, with respect to all
employees hired by the employer after the date the Secretary
requires such participation.
``(D) Small employers.--Not later than 4 years after the
date of the enactment of the Securing America's Borders Act,
the Secretary shall require all employers with less than
1,000 employees and with more than 250 employees in the
United States to participate in the System, with respect to
all employees hired by the employer after the date the
Secretary requires such participation.
``(E) Remaining employers.--Not later than 5 years after
the date of the enactment of the Securing America's Borders
Act, the Secretary shall require all employers in the United
States to participate in the System, with respect to all
employees hired by an employer after the date the Secretary
requires such participation.
``(F) Requirement to publish.--The Secretary shall publish
in the Federal Register the requirements for participation in
the System as described in subparagraphs (A), (B), (C), (D),
and (E) prior to the effective date of such requirements.
``(4) Other participation in system.--Notwithstanding
paragraph (3), the Secretary has the authority, in the
Secretary's sole and unreviewable discretion--
``(A) to permit any employer that is not required to
participate in the System under paragraph (3) to participate
in the System on a voluntary basis; and
``(B) to require any employer that is required to
participate in the System under paragraph (3) with respect to
newly hired employees to participate in the System with
respect to all employees hired by the employer prior to, on,
or after the date of the enactment of the Securing America's
Borders Act, if the Secretary has reasonable causes to
believe that the employer has engaged in violations of the
immigration laws.
``(5) Waiver.--The Secretary is authorized to waive or
delay the participation requirements of paragraph (3) respect
to any employer or class of employers if the Secretary
provides notice to Congress of such waiver prior to the date
such waiver is granted.
``(6) Consequence of failure to participate.--If an
employer is required to participate in the System and fails
to comply with the requirements of the System with respect to
an individual--
``(A) such failure shall be treated as a violation of
subsection (a)(1)(B) of this section with respect to such
individual; and

[[Page S2363]]

``(B) a rebuttable presumption is created that the employer
has violated subsection (a)(1)(A) of this section, however
such presumption may not apply to a prosecution under
subsection (f)(1).
``(7) System requirements.--
``(A) In general.--An employer that participates in the
System shall, with respect to the hiring, or recruiting or
referring for a fee, any individual for employment in the
United States, shall--
``(i) obtain from the individual and record on the form
designated by the Secretary--

``(I) the individual's social security account number; and
``(II) in the case of an individual who does not attest
that the individual is a national of the United States under
subsection (c)(2), such identification or authorization
number that the Secretary shall require; and

``(ii) retain the original of such form and make such form
available for inspection for the periods and in the manner
described in subsection (c)(3).
``(B) Seeking verification.--The employer shall submit an
inquiry through the System to seek confirmation of the
individual's identity and eligibility for employment in the
United States--
``(i) not later than 3 working days (or such other
reasonable time as may be specified by the Secretary of
Homeland Security) after the date of the hiring, or
recruiting or referring for a fee, of the individual (as the
case may be); or
``(ii) in the case of an employee hired prior to the date
of enactment of the Securing America's Borders Act, at such
time as the Secretary shall specify.
``(C) Confirmation or nonconfirmation.--
``(i) Confirmation upon initial inquiry.--If an employer
receives a confirmation notice under paragraph (2)(B)(i) for
an individual, the employer shall record, on the form
specified by the Secretary, the appropriate code provided in
such notice.
``(ii) Nonconfirmation and verification.--

``(I) Nonconfirmation.--If an employer receives a tentative
nonconfirmation notice under paragraph (2)(B)(ii) for an
individual, the employer shall inform such individual of the
issuances of such notice in writing and the individual may
contest such nonconfirmation notice.
``(II) No contest.--If the individual does not contest the
tentative nonconfirmation notice under subclause (I) within
10 days of receiving notice from the individual's employer,
the notice shall become final and the employer shall record
on the form specified by the Secretary, the appropriate code
provided in the nonconfirmation notice.
``(III) Contest.--If the individual contests the tentative
nonconfirmation notice under subclause (I), the individual
shall submit appropriate information to contest such notice
to the System within 10 days of receiving notice from the
individual's employer and shall utilize the verification
process developed under paragraph (2)(C)(ii).
``(IV) Effective period of tentative nonconfirmation.--A
tentative nonconfirmation notice shall remain in effect until
a final such notice becomes final under clause (II) or a
final confirmation notice or final nonconfirmation notice is
issued by the System.
``(V) Prohibition on termination.--An employer may not
terminate the employment of an individual based on a
tentative nonconfirmation notice until such notice becomes
final under clause (II) or a final nonconfirmation notice is
issued for the individual by the System. Nothing in this
clause shall apply to a termination of employment for any
reason other than because of such a failure.
``(VI) Recording of conclusion on form.--If a final
confirmation or nonconfirmation is provided by the System
regarding an individual, the employer shall record on the
form designated by the Secretary the appropriate code that is
provided under the System to indicate a confirmation or
nonconfirmation of the identity and employment eligibility of
the individual.

``(D) Consequences of nonconfirmation.--
``(i) Termination of continued employment.--If the employer
has received a final nonconfirmation regarding an individual,
the employer shall terminate the employment, recruitment, or
referral of the individual. Such employer shall provide to
the Secretary any information relating to the nonconfirmed
individual that the Secretary determines would assist the
Secretary in enforcing or administering the immigration laws.
If the employer continues to employ, recruit, or refer the
individual after receiving final nonconfirmation, a
rebuttable presumption is created that the employer has
violated subsections (a)(1)(A) and (a)(2). Such presumption
may not apply to a prosecution under subsection (f)(1).
``(8) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(9) Limitation on use of the system.--Notwithstanding any
other provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States to utilize any information,
database, or other records used in the System for any purpose
other than as provided for under this subsection.
``(10) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection, including requirements with respect to
completion of forms, method of storage, attestations, copying
of documents, signatures, methods of transmitting
information, and other operational and technical aspects to
improve the efficiency, accuracy, and security of the System.
``(11) Fees.--The Secretary is authorized to require any
employer participating in the System to pay a fee or fees for
such participation. The fees may be set at a level that will
recover the full cost of providing the System to all
participants. The fees shall be deposited and remain
available as provided in subsection (m) and (n) of section
286 and the System is providing an immigration adjudication
and naturalization service for purposes of section 286(n).
``(12) Report.--Not later than 1 year after the date of the
enactment of the Securing America's Borders Act, the
Secretary shall submit to Congress a report on the capacity,
systems integrity, and accuracy of the System.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file complaints
regarding potential violations of subsection (a);
``(B) for the investigation of those complaints that the
Secretary deems it appropriate to investigate; and
``(C) for the investigation of such other violations of
subsection (a), as the Secretary determines are appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees of the
Department of Homeland Security--
``(i) shall have reasonable access to examine evidence of
any employer being investigated; and
``(ii) if designated by the Secretary of Homeland Security,
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place in an
investigation or case under this subsection.
``(B) Failure to cooperate.--In case of refusal to obey a
subpoena lawfully issued under subparagraph (A)(ii), the
Secretary may request that the Attorney General apply in an
appropriate district court of the United States for an order
requiring compliance with such subpoena, and any failure to
obey such order may be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor shall
have the investigative authority provided under section 11(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to
ensure compliance with the provisions of this title, or any
regulation or order issued under this title.
``(3) Compliance procedures.--
``(A) Pre-penalty notice.--If the Secretary has reasonable
cause to believe that there has been a violation of a
requirement of this section and determines that further
proceedings related to such violation are warranted, the
Secretary shall issue to the employer concerned a written
notice of the Secretary's intention to issue a claim for a
fine or other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) disclose the material facts which establish the
alleged violation; and
``(iv) inform such employer that the employer shall have a
reasonable opportunity to make representations as to why a
claim for a monetary or other penalty should not be imposed.
``(B) Remission or mitigation of penalties.--
``(i) Petition by employer.--Whenever any employer receives
written notice of a fine or other penalty in accordance with
subparagraph (A), the employer may file within 30 days from
receipt of such notice, with the Secretary a petition for the
remission or mitigation of such fine or penalty, or a
petition for termination of the proceedings. The petition may
include any relevant evidence or proffer of evidence the
employer wishes to present, and shall be filed and considered
in accordance with procedures to be established by the
Secretary.
``(ii) Review by secretary.--If the Secretary finds that
such fine or other penalty was incurred erroneously, or finds
the existence of such mitigating circumstances as to justify
the remission or mitigation of such fine or penalty, the
Secretary may remit or mitigate such fine or other penalty on
the terms and conditions as the Secretary determines are
reasonable and just, or order termination of any proceedings
related to the notice. Such mitigating circumstances may
include good faith compliance and participation in, or
agreement to participate in, the System, if not otherwise
required.
``(iii) Applicability.--This subparagraph may not apply to
an employer that has or is engaged in a pattern or practice
of violations of paragraph (1)(A), (1)(B), or (2) of
subsection (a) or of any other requirements of this section.
``(C) Penalty claim.--After considering evidence and
representations offered by the employer pursuant to
subparagraph (B), the Secretary shall determine whether there
was a violation and promptly issue a written final
determination setting forth the findings of fact and
conclusions of law on which

[[Page S2364]]

the determination is based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized aliens.--
Any employer that violates any provision of paragraph (1)(A)
or (2) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of not less than $500 and not
more than $4,000 for each unauthorized alien with respect to
each such violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of not less than
$4,000 and not more than $10,000 for each unauthorized alien
with respect to each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph or has failed to comply with a
previously issued and final order related to any such
provision, pay a civil penalty of not less than $6,000 and
not more than $20,000 for each unauthorized alien with
respect to each such violation.
``(B) Record keeping or verification practices.--Any
employer that violates or fails to comply with the
requirements of the subsection (b), (c), and (d), shall pay a
civil penalty as follows:
``(i) Pay a civil penalty of not less than $200 and not
more than $2,000 for each such violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of not less than
$400 and not more than $4,000 for each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph or has failed to comply with a
previously issued and final order related to such
requirements, pay a civil penalty of $6,000 for each such
violation.
``(C) Other penalties.--Notwithstanding subparagraphs (A)
and (B), the Secretary may impose additional penalties for
violations, including cease and desist orders, specially
designed compliance plans to prevent further violations,
suspended fines to take effect in the event of a further
violation, and in appropriate cases, the civil penalty
described in subsection (g)(2).
``(D) Reduction of penalties.--Notwithstanding
subparagraphs (A), (B), and (C), the Secretary is authorized
to reduce or mitigate penalties imposed upon employers, based
upon factors including the employer's hiring volume,
compliance history, good-faith implementation of a compliance
program, participation in a temporary worker program, and
voluntary disclosure of violations of this subsection to the
Secretary.
``(E) Adjustment for inflation.--All penalties in this
section may be adjusted every 4 years to account for
inflation, as provided by law.
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 45 days after the date the
final determination is issued, file a petition in the Court
of Appeals for the appropriate circuit for review of the
order. The filing of a petition as provided in this paragraph
shall stay the Secretary's determination until entry of
judgment by the court. The burden shall be on the employer to
show that the final determination was not supported by
substantial evidence. The Secretary is authorized to require
that the petitioner provide, prior to filing for review,
security for payment of fines and penalties through bond or
other guarantee of payment acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that
employer under this subsection, and the final determination
is not subject to review as provided in paragraph (5), the
Attorney General may file suit to enforce compliance with the
final determination in any appropriate district court of the
United States. In any such suit, the validity and
appropriateness of the final determination shall not be
subject to review.
``(f) Criminal Penalties and Injunctions for Pattern or
Practice Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $20,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 6 months for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice
of employment, recruitment, or referral in violation of
paragraph (1)(A) or (2) of subsection (a), the Attorney
General may bring a civil action in the appropriate district
court of the United States requesting such relief, including
a permanent or temporary injunction, restraining order, or
other order against the employer, as the Secretary deems
necessary.
``(g) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referring for a fee, of an individual,
to require the individual to post a bond or security, to pay
or agree to pay an amount, or otherwise to provide a
financial guarantee or indemnity, against any potential
liability arising under this section relating to such hiring,
recruiting, or referring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1)
of this subsection shall be subject to a civil penalty of
$10,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of
such paragraph to the employee or, if the employee cannot be
located, to the Employer Compliance Fund established under
section 286(w).
``(h) Prohibition on Award of Government Contracts, Grants,
and Agreements.--
``(1) Employers with no contracts, grants or agreements.--
``(A) In general.--If an employer who does not hold a
Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of this
section or is convicted of a crime under this section, the
employer shall be debarred from the receipt of a Federal
contract, grant, or cooperative agreement for a period of 2
years. The Secretary or the Attorney General shall advise the
Administrator of General Services of such a debarment, and
the Administrator of General Services shall list the employer
on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs for a period of 2 years.
``(B) Waiver.--The Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive operation of this subsection or may limit the duration
or scope of the debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is determined
by the Secretary of Homeland Secretary to be a repeat
violator of this section or is convicted of a crime under
this section, shall be debarred from the receipt of Federal
contracts, grants, or cooperative agreements for a period of
2 years.
``(B) Notice to agencies.--Prior to debarring the employer
under subparagraph (A), the Secretary, in cooperation with
the Administrator of General Services, shall advise any
agency or department holding a contract, grant, or
cooperative agreement with the employer of the Government's
intention to debar the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of 2 years.
``(C) Waiver.--After consideration of the views of any
agency or department that holds a contract, grant, or
cooperative agreement with the employer, the Secretary may,
in lieu of debarring the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of 2 years, waive operation of this subsection, limit
the duration or scope of the debarment, or may refer to an
appropriate lead agency the decision of whether to debar the
employer, for what duration, and under what scope in
accordance with the procedures and standards prescribed by
the Federal Acquisition Regulation. However, any proposed
debarment predicated on an administrative determination of
liability for civil penalty by the Secretary or the Attorney
General shall not be reviewable in any debarment proceeding.
The decision of whether to debar or take alternation shall
not be judicially reviewed.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered
a cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(i) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens (other than aliens
lawfully admitted for permanent residence) eligible to be
employed in the United States, the Secretary shall provide
that any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement.
``(2) Preemption.--The provisions of this section preempt
any State or local law--
``(A) imposing civil or criminal sanctions (other than
through licensing and similar laws) upon those who employ, or
recruit or refer for a fee for employment, unauthorized
aliens; or
``(B) requiring as a condition of conducting, continuing,
or expanding a business that a business entity--
``(i) provide, build, fund, or maintain a shelter,
structure, or designated area for use by day laborers at or
near its place of business; or
``(ii) take other steps that facilitate the employment of
day laborers by others.
``(j) Deposit of Amounts Received.--Except as otherwise
specified, civil penalties collected under this section shall
be deposited by the Secretary into the Employer Compliance
Fund established under section 286(w).
``(k) Definitions.--In this section:
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring, recruiting, or referring an individual for
employment in the United States.
``(2) No-match notice.--The term `no-match notice' means
written notice from the Commissioner of Social Security to an
employer reporting earnings on a Form W-2 that an employee
name or corresponding social security account number fail to
match records maintained by the Commissioner.

[[Page S2365]]

``(3) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(4) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent residence;
or
``(B) authorized to be so employed by this Act or by the
Secretary.''.
(b) Conforming Amendment.--
(1) Amendment.--Sections 401, 402, 403, 404, and 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a)
are repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under such sections
401, 402, 403, 404, and 405 in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1)
(8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)''
and inserting ``274A''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by striking
``274A(b)'' and inserting ``274A(d)''; and
(B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)''
and inserting ``274A(d)(9)''.
(d) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on the date that is 180
days after the date of the enactment of this Act.

SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

(a) Worksite Enforcement.--The Secretary shall, subject to
the availability of appropriations for such purpose, annually
increase, by not less than 2,000, the number of positions for
investigators dedicated to enforcing compliance with sections
274 and 274A of the Immigration and Nationality Act (8 U.S.C.
1324, and 1324a) during the 5-year period beginning date of
the enactment of this Act.
(b) Fraud Detection.--The Secretary shall, subject to the
availability of appropriations for such purpose, increase by
not less than 1,000 the number of positions for agents of the
Bureau of Immigration and Customs Enforcement dedicated to
immigration fraud detection during the 5-year period
beginning date of the enactment of this Act.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2007 through 2011 such sums as may be necessary to
carry out this section.

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR
MISREPRESENTATION.

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

TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS,
AND ALIENS WITH ADVANCED DEGREES

SEC. 401. ELIMINATION OF EXISTING BACKLOGS.

(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--
``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
minus the number of visas issued under this subsection during
those fiscal years; and
``(B) the number of visas calculated under subparagraph (A)
that were issued after fiscal year 2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--Subject to paragraph (2), the worldwide
level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
and the number of visa numbers issued under this subsection
during those fiscal years; and
``(ii) the number of visas calculated under clause (i) that
were issued after fiscal year 2005.
``(2) Visas for spouses and children.--Immigrant visas
issued on or after October 1, 2004, to spouses and children
of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).''.

SEC. 402. COUNTRY LIMITS.

Section 202(a) (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting ``and
(4)''; and
(B) by striking ``7 percent (in the case of a single
foreign state) or 2 percent'' and inserting ``10 percent (in
the case of a single foreign state) or 5 percent''; and
(2) by striking paragraph (5).

SEC. 403. ALLOCATION OF IMMIGRANT VISAS.

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

[[Page S2366]]

Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is
repealed.

SEC. 404. RELIEF FOR MINOR CHILDREN.

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

SEC. 405. STUDENT VISAS.

(a) In General.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking ``he has no intention of abandoning, who
is'' and inserting the following: ``except in the case of an
alien described in clause (iv), the alien has no intention of
abandoning, who is--
``(I)'';
(B) by striking ``consistent with section 214(l)'' and
inserting ``(except for a graduate program described in
clause (iv)) consistent with section 214(m)'';
(C) by striking the comma at the end and inserting the
following: ``; or
``(II) engaged in temporary employment for optional
practical training related to the alien's area of study,
which practical training shall be authorized for a period or
periods of up to 24 months;'';
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)''; and
(B) by striking ``, and'' and inserting a semicolon;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) an alien described in clause (i) who has been
accepted and plans to attend an accredited graduate program
in mathematics, engineering, technology, or the sciences in
the United States for the purpose of obtaining an advanced
degree.''.
(b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V)''
and inserting ``subparagraph (F)(iv), (L), or (V)''.
(c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C.
1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-
Secondary School Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under section
101(a)(15)(F)(iv) shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program;
and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(d) Off Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in
an off-campus position unrelated to the alien's field of
study if--
(A) the alien has enrolled full time at the educational
institution and is maintaining good academic standing;
(B) the employer provides the educational institution and
the Secretary of Labor with an attestation that the
employer--
(i) has spent at least 21 days recruiting United States
citizens to fill the position; and
(ii) will pay the alien and other similarly situated
workers at a rate equal to not less than the greater of--

(I) the actual wage level for the occupation at the place
of employment; or
(II) the prevailing wage level for the occupation in the
area of employment; and

(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between
academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice
and opportunity for a hearing, shall be disqualified from
employing an alien student under paragraph (1).
(e) Adjustment of Status.--Section 245(a) (8 U.S.C.
1255(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--The status of an alien, who was
inspected and admitted or paroled into the United States, or
who has an approved petition for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1), may be adjusted by the Secretary of
Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, to that of an alien lawfully admitted for
permanent residence if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa;
``(C) the alien is admissible to the United States for
permanent residence; and
``(D) an immigrant visa is immediately available to the
alien at the time the application is filed.
``(2) Student visas.--Notwithstanding the requirement under
paragraph (1)(C), an alien may file an application for
adjustment of status under this section if--
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(F)(iv),
or would have qualified for such nonimmigrant status if
section 101(a)(15)(F)(iv) had been enacted before such
alien's graduation;
``(B) the alien has earned an advanced degree in the
sciences, technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition filed
under subparagraph (E) or (F) of section 204(a)(1); and
``(D) a fee of $1,000 is remitted to the Secretary on
behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an
immigrant visa number becomes available.''.
(f) Use of Fees.--
(1) Job training; scholarships.--Section 286(s)(1) (8
U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent
of the fees collected under section 245(a)(2)(D)'' before the
period at the end.
(2) Fraud prevention and detection.--Section 286(v)(1) (8
U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent
of the fees collected under section 245(a)(2)(D)'' before the
period at the end.

SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to
Numerical Limitations on Employment Based Immigrants.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is
amended by adding at the end the following:
``(F) Aliens who have earned an advanced degree in science,
technology, engineering, or math and have been working in a
related field in the United States under a nonimmigrant visa
during the 3-year period preceding their application for an
immigrant visa under section 203(b).
``(G) Aliens described in subparagraph (A) or (B) of
section 203(b)(1)(A) or who have received a national interest
waiver under section 203(b)(2)(B).
``(H) The spouse and minor children of an alien who is
admitted as an employment-based immigrant under section
203(b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification.--Section 212(a)(5)(A)(ii) (8
U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:

``(III) has an advanced degree in the sciences, technology,
engineering, or mathematics from an accredited university in
the United States and is employed in a field related to such
degree.''.

(c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g))
is amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each succeeding fiscal
year; or'' and inserting ``each of fiscal years 2004, 2005,
and 2006;''; and

[[Page S2367]]

(ii) by adding after clause (vii) the following:
``(viii) 115,000 in the first fiscal year beginning after
the date of the enactment of this clause; and
``(ix) the number calculated under paragraph (9) in each
fiscal year after the year described in clause (viii); or'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(D) has earned an advanced degree in science, technology,
engineering, or math.'';
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical
limitation under paragraph (1)(A)(ix) for the subsequent
fiscal year shall be equal to 120 percent of the numerical
limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to the numerical
limitation of the given fiscal year.''.
(d) Applicability.--The amendment made by subsection (c)(2)
shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.

SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.

Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-
416) is amended by striking ``Act and before June 1, 2006.''
and inserting ``Act.''.

TITLE V--IMMIGRATION LITIGATION REDUCTION

SEC. 501. CONSOLIDATION OF IMMIGRATION APPEALS.

(a) Reapportionment of Circuit Court Judges.--The table in
section 44(a) of title 28, United States Code, is amended in
the item relating to the Federal Circuit by striking ``12''
and inserting ``15''.
(b) Review of Orders of Removal.--Section 242(b) (8 U.S.C.
1252(b)) is amended--
(1) in paragraph (2), by striking the first sentence and
inserting ``The petition for review shall be filed with the
United Sates Court of Appeals for the Federal Circuit.'';
(2) in paragraph (5)(B), by adding at the end the
following: ``Any appeal of a decision by the district court
under this paragraph shall be filed with the United States
Court of Appeals for the Federal Circuit.''; and
(3) in paragraph (7), by amending subparagraph (C) to read
as follows:
``(C) Consequence of invalidation and venue of appeals.--
``(i) Invalidation.--If the district court rules that the
removal order is invalid, the court shall dismiss the
indictment for violation of section 243(a).
``(ii) Appeals.--The United States Government may appeal a
dismissal under clause (i) to the United States Court of
Appeals for the Federal Circuit within 30 days after the date
of the dismissal. If the district court rules that the
removal order is valid, the defendant may appeal the district
court decision to the United States Court of Appeals for the
Federal Circuit within 30 days after the date of completion
of the criminal proceeding.''.
(c) Review of Orders Regarding Inadmissable Aliens.--
Section 242(e) (8 U.S.C. 1252(e)) is amended by adding at the
end the following new paragraph:
``(6) Venue.--The petition to appeal any decision by the
district court pursuant to this subsection shall be filed
with the United States Court of Appeals for the Federal
Circuit.''.
(d) Exclusive Jurisdiction.--Section 242(g) (8 U.S.C.
1252(g)) is amended--
(1) by striking ``Except''; and inserting the following:
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Appeals.--Notwithstanding any other provision of law,
the United States Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction to review a district court
order arising from any action taken, or proceeding brought,
to remove or exclude an alien from the United States,
including a district court order granting or denying a
petition for writ of habeas corpus.''.
(e) Jurisdiction of the United States Court of Appeals for
the Federal Circuit.--
(1) Exclusive jurisdiction.--Section 1295(a) of title 28,
United States Code, is amended by adding at the end the
following new paragraph:
``(15) of an appeal to review a final administrative order
or a district court decision arising from any action taken,
or proceeding brought, to remove or exclude an alien from the
United States.''.
(2) Conforming amendments.--Such section 1295(a) is further
amended--
(A) in paragraph (13), by striking ``and''; and
(B) in paragraph (14), by striking the period at the end
and inserting a semicolon and ``and''.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Court of Appeals for
the Federal Circuit for each of the fiscal years 2007 through
2011 such sums as may be necessary to carry out this
subsection, including the hiring of additional attorneys for
the such Court.
(g) Effective Date.--The amendments made by this section
shall take effect upon the date of enactment of this Act and
shall apply to any final agency order or district court
decision entered on or after the date of enactment of this
Act.

SEC. 502. ADDITIONAL IMMIGRATION PERSONNEL.

(a) Department of Homeland Security.--
(1) Trial attorneys.--In each of fiscal years 2007 through
2011, the Secretary shall, subject to the availability of
appropriations for such purpose, increase the number of
positions for attorneys in the Office of General Counsel of
the Department who represent the Department in immigration
matters by not less than 100 above the number of such
positions for which funds were made available during each
preceding fiscal year.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of fiscal years
2007 through 2011 such sums as may be necessary to carry out
this subsection.
(b) Department of Justice.--
(1) Litigation attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of positions for attorneys in the
Office of Immigration Litigation of the Department of
Justice.
(2) United states attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of attorneys in the United States
Attorneys' office to litigate immigration cases in the
Federal courts.
(3) Immigration judges.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose--
(A) increase by not less than 20 the number of full-time
immigration judges compared to the number of such positions
for which funds were made available during the preceding
fiscal year; and
(B) increase by not less than 80 the number of positions
for personnel to support the immigration judges described in
subparagraph (A) compared to the number of such positions for
which funds were made available during the preceding fiscal
year.
(4) Staff attorneys.--In each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability
of appropriations for such purpose--
(A) increase by not less than 10 the number of positions
for full-time staff attorneys in the Board of Immigration
Appeals compared to the number of such positions for which
funds were made available during the preceding fiscal year;
and
(B) increase by not less than 10 the number of positions
for personnel to support the staff attorneys described in
subparagraph (A) compared to the number of such positions for
which funds were made available during the preceding fiscal
year
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General for each of the
fiscal years 2007 through 2011 such sums as may be necessary
to carry out this subsection, including the hiring of
necessary support staff.
(c) Administrative Office of the United States Courts.--In
each of the fiscal years 2007 through 2011, the Director of
the Administrative Office of the United States Courts shall,
subject to the availability of appropriations, increase by
not less than 50 the number of attorneys in the Federal
Defenders Program who litigate criminal immigration cases in
the Federal courts.

SEC. 503. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER
AUTHORITY.

(a) In General.--Section 101(a)(47) (8 U.S.C. 1101(a)(47))
is amended to read as follows:
``(47)(A)(i) The term `order of removal' means the order of
the immigration judge, the Board of Immigration Appeals, or
other administrative officer to whom the Attorney General or
the Secretary of Homeland Security has delegated the
responsibility for determining whether an alien is removable,
concluding that the alien is removable, or ordering removal.
``(ii) The term `order of deportation' means the order of
the special inquiry officer, immigration judge, the Board of
Immigration Appeals, or other such administrative officer to
whom the Attorney General has delegated the responsibility
for determining whether an alien is deportable, concluding
that the alien is deportable, or ordering deportation.
``(B) An order described under subparagraph (A) shall
become final upon the earlier of--
``(i) a determination by the Board of Immigration Appeals
affirming such order;
``(ii) the entry by the Board of Immigration Appeals of
such order;
``(iii) the expiration of the period in which any party is
permitted to seek review of such order by the Board of
Immigration Appeals;
``(iv) the entry by an immigration judge of such order, if
appeal is waived by all parties; or
``(v) the entry by another administrative officer of such
order, at the conclusion of a process authorized by law other
than under section 240.''.
(b) Conforming Amendments.--The Immigration and Nationality
Act is amended--
(1) in section 212(d)(12)(A) (8 U.S.C. 1182(d)(12)(A)), by
inserting ``an order of'' before ``removal''; and

[[Page S2368]]

(2) in section 245A(g)(2)(B) (8 U.S.C. 1255a(g)(2)(B))--
(A) in the heading, by inserting ``, removal,'' after
``deportation''; and
(B) in clause (i), by striking ``deportation,'' and
inserting ``deportation or an order of removal,''.

SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION.

Section 221(i) (8 U.S.C. 1201(i)) is amended by striking
the last sentence and inserting ``Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, a revocation under this subsection may not be reviewed
by any court, and no court shall have jurisdiction to hear
any claim arising from, or any challenge to, such a
revocation.''.

SEC. 505. REINSTATEMENT OF REMOVAL ORDERS.

(a) Reinstatement.--
(1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is
amended to read as follows:
``(5) Reinstatement of removal orders against aliens
illegally reentering.--
``(A) In general.--If the Secretary of Homeland Security
finds that an alien has entered the United States illegally
after having been removed, deported, or excluded or having
departed voluntarily, under an order of removal, deportation,
or exclusion, regardless of the date of the original order or
the date of the illegal entry--
``(i) the order of removal, deportation, or exclusion is
reinstated from its original date and is not subject to being
reopened or reviewed notwithstanding section 242(a)(2)(D);
``(ii) the alien is not eligible and may not apply for any
relief under this Act, regardless of the date that an
application or request for such relief may have been filed or
made; and
``(iii) the alien shall be removed under the order of
removal, deportation, or exclusion at any time after the
illegal entry.
``(B) No other proceedings.--Reinstatement under this
paragraph shall not require proceedings under section 240 or
other proceedings before an immigration judge.''.
(2) Conforming amendment.--Section 242(a)(2)(D) (8 U.S.C.
1252(a)(2)(D)) is amended by striking ``section)'' and
inserting ``section or section 241(a)(5))''.
(b) Judicial Review.--Section 242 (8 U.S.C. 1252) is
amended by adding at the end the following new subsection:
``(h) Judicial Review of Reinstatement Under Section
241(a)(5).--
``(1) Review of reinstatement.--Judicial review of a
determination under section 241(a)(5) is available under
subsection (a) of this section.
``(2) No review of original order.--Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court shall have jurisdiction to review any cause
or claim, arising from or relating to any challenge to the
original order.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect as if enacted on April 1, 1997, and
shall apply to all orders reinstated on or after that date by
the Secretary (or by the Attorney General prior to March 1,
2003), regardless of the date of the original order.

SEC. 506. WITHHOLDING OF REMOVAL.

(a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is
amended--
(1) in subparagraph (A), by adding at the end ``The burden
of proof is on the alien to establish that the alien's life
or freedom would be threatened in that country, and that
race, religion, nationality, membership in a particular
social group, or political opinion would be at least one
central reason for such threat.''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A)'' and inserting ``For purposes of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if enacted on May 11, 2005, and shall
apply to applications for withholding of removal made on or
after such date.

SEC. 507. CERTIFICATE OF REVIEWABILITY.

(a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C))
is amended to read as follows:
``(C) Briefs.--
``(i) Alien's brief.--The alien shall serve and file a
brief in connection with a petition for judicial review not
later than 40 days after the date on which the administrative
record is available. The court may not extend this deadline
except upon motion for good cause shown. If an alien fails to
file a brief within the time provided in this subparagraph,
the court shall dismiss the appeal unless a manifest
injustice would result.
``(ii) United states brief.--The United States shall not be
afforded an opportunity to file a brief in response to the
alien's brief until a judge issues a certificate of
reviewability as provided in subparagraph (D), unless the
court requests the United States to file a reply brief prior
to issuing such certification.''.
(b) Certificate of Reviewability.--Section 242(b)(3) (8
U.S.C. 1252 (b)(3)) is amended by adding at the end the
following new subparagraphs:
``(D) Certificate of reviewability.--
``(i) After the alien has filed a brief, the petition for
review shall be assigned to one judge on the Federal Circuit
Court of Appeals.
``(ii) Unless such judge issues a certificate of
reviewability, the petition for review shall be denied and
the United States may not file a brief.
``(iii) Such judge may not issue a certificate of
reviewability under clause (ii) unless the petitioner
establishes a prima facie case that the petition for review
should be granted.
``(iv) Such judge shall complete all action on such
certificate, including rendering judgment, not later than 60
days after the date on which the judge is assigned the
petition for review, unless an extension is granted under
clause (v).
``(v) Such judge may grant, on the judge's own motion or on
the motion of a party, an extension of the 60-day period
described in clause (iv) if--

``(I) all parties to the proceeding agree to such
extension; or
``(II) such extension is for good cause shown or in the
interests of justice, and the judge states the grounds for
the extension with specificity.

``(vi) If no certificate of reviewability is issued before
the end of the period described in clause (iv), including any
extension under clause (v), the petition for review shall be
denied, any stay or injunction on petitioner's removal shall
be dissolved without further action by the court or the
Government, and the alien may be removed.
``(vii) If such judge issues a certificate of reviewability
under clause (ii), the Government shall be afforded an
opportunity to file a brief in response to the alien's brief.
The alien may serve and file a reply brief not later than 14
days after service of the Government brief, and the court may
not extend this deadline except upon motion for good cause
shown.
``(E) No further review of decision not to issue a
certificate of reviewability.--The decision of a judge on the
Federal Circuit Court of Appeals not to issue a certificate
of reviewability or to deny a petition for review, shall be
the final decision for the Federal Circuit Court of Appeals
and may not be reconsidered, reviewed, or reversed by the
such Court through any mechanism or procedure.''.

SEC. 508. DISCRETIONARY DECISIONS ON MOTIONS TO REOPEN OR
RECONSIDER.

(a) Exercise of Discretion.--Section 240(c) (8 U.S.C.
1229a(c)) is amended--
(1) in paragraph (6), by adding at the end the following
new subparagraph:
``(D) Discretion.--The decision to grant or deny a motion
to reconsider is committed to the Attorney General's
discretion.''; and
(2) in paragraph (7), by adding at the end the following
new subparagraph:
``(D) Discretion.--The decision to grant or deny a motion
to reopen is committed to the Attorney General's
discretion.''.
(b) Eligibility for Protection From Removal to Alternative
Country.--Section 240(c) (8 U.S.C. 1229a(c)), as amended by
subsection (a), is further amended by adding at the end of
paragraph (7)(C) the following new clause:
``(v) Special rule for alternative countries of removal.--
The requirements of this paragraph may not apply if--

``(I) the Secretary of Homeland Security is seeking to
remove the alien to an alternative or additional country of
removal under paragraph (1)(C), 2(D), or 2(E) of section
241(b) that was not considered during the alien's prior
removal proceedings;
``(II) the alien's motion to reopen is filed within 30 days
after receiving notice of the Secretary's intention to remove
the alien to that country; and
``(III) the alien establishes a prima facie case that the
alien is entitled by law to withholding of removal under
section 241(b)(3) or protection under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, with respect
to that particular country.''.

(c) Effective Date.--This amendment made by this section
shall apply to motions to reopen or reconsider which are
filed on or after the date of the enactment of this Act in
removal, deportation, or exclusion proceedings, whether a
final administrative order is entered before, on, or after
the date of the enactment of this Act.

SEC. 509. PROHIBITION OF ATTORNEY FEE AWARDS FOR REVIEW OF
FINAL ORDERS OF REMOVAL.

(a) In General.--Section 242 (8 U.S.C. 1252), as amended by
section 505(b), is further amended by adding at the end the
following new subsection:
``(i) Prohibition on Attorney Fee Awards.--Notwithstanding
any other provision of law, a court may not award fees or
other expenses to an alien based upon the alien's status as a
prevailing party in any proceedings relating to an order of
removal issued under this Act, unless the court of appeals
concludes that the determination of the Attorney General or
the Secretary of Homeland Security that the alien was
removable under sections 212 and 237 was not substantially
justified.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to proceedings relating to an order of removal
issued on or after the date of the enactment of this Act,
regardless of the date that such fees or expenses were
incurred.

SEC. 510. BOARD OF IMMIGRATION APPEALS.

(a) Requirement to Hear Cases in 3-Member Panels.--

[[Page S2369]]

(1) In general.--Except as provided in paragraphs (2) and
(3), cases before the Board of Immigration Appeals of the
Department of Justice shall be heard by 3-member panels of
such Board.
(2) Hearing by a single member.--A 3-member panel of the
Board of Immigration Appeals or a member of such Board alone
may--
(A) summarily dismiss any appeal or portion of any appeal
in any case which--
(i) the party seeking the appeal fails to specify the
reasons for the appeal;
(ii) the only reason for the appeal specified by such party
involves a finding of fact or a conclusion of law that was
conceded by that party at a prior proceeding;
(iii) the appeal is from an order that granted such party
the relief that had been requested;
(iv) the appeal is determined to be filed for an improper
purpose, such as to cause unnecessary delay; or
(v) the appeal lacks an arguable basis in fact or in law
and is not supported by a good faith argument for extension,
modification, or reversal of existing law;
(B) grant an unopposed motion or a motion to withdraw an
appeal pending before the Board; or
(C) adjudicate a motion to remand any appeal--
(i) from the decision of an officer of the Department if
the appropriate official of the Department requests that the
matter be remanded back for further consideration;
(ii) if remand is required because of a defective or
missing transcript; or
(iii) if remand is required for any other procedural or
ministerial issue.
(3) Hearing en banc.--The Board of Immigration Appeals may,
by a majority vote of the Board members--
(A) consider any case as the full Board en banc; or
(B) reconsider as the full Board en banc any case that has
been considered or decided by a 3-member panel.
(b) Affirmance Without Opinion.--Upon individualized review
of a case, the Board of Immigration Appeals may affirm the
decision of an immigration judge without opinion only if--
(1) the decision of the immigration judge resolved all
issues in the case;
(2) the issue on appeal is squarely controlled by existing
Board or Federal court precedent and does not involve the
application of precedent to a novel fact situation;
(3) the factual and legal questions raised on appeal are so
insubstantial that the case does not warrant the issuance of
a written opinion in the case; and
(4) the Board approves both the result reached in the
decision below and all of the reasoning of that decision.
(c) Requirement for Regulations.--Not later than 180 days
after the date of the enactment of this Act, the Attorney
General shall promulgate regulations to carry out this
section.

TITLE VI--MISCELLANEOUS

SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS.

The Attorney General, in consultation with the Secretary,
shall, as soon as practicable but not later than 90 days
after the date of the enactment of this Act, submit to
Congress a draft of any technical and conforming changes in
the Immigration and Nationality Act which are necessary to
reflect the changes in the substantive provisions of law made
by the Homeland Security Act of 2002, this Act, or any other
provision of law.
____

Securing America's Borders Act (SABA)--Section by Section Analysis

TITLE I--BORDER ENFORCEMENT

SUBTITILE A--ASSETS FOR CONTROLLING UNITED STATES BORDERS

Section 101. Enforcement personnel
Section 101 authorizes such sums as necessary to recruit,
hire, and train 250 new Custom and Border Protection
officers, 200 new positions for investigative personnel to
investigate alien smuggling, and 250 additional port of entry
inspectors, annually from FY 2007 to FY 2011. It also
increases the number of customs enforcement inspectors by 200
in section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004. Finally, it authorizes appropriations
as necessary for the hiring of 2,400 additional border patrol
agents annually for six years--adding an additional 4,400
agents to the border over 6 years to the 10,000 already added
by the Intelligence Reform and Terrorism Prevention Act of
2004 (for a total of 14,400 new Border Patrol Agents by
2011).
Section 102. Technological assets
Section 202 authorizes such sums as necessary for the
acquisition of unmanned aerial vehicles, cameras, poles,
sensors and other technologies to achieve operational control
of the borders. It also requires the Secretary of DHS and the
Secretary of Defense to increase the availability and use of
Defense equipment to assist in controlling the borders and
submit a report to Congress.
Section 103. Infrastructure
Section 103 authorizes such sums as necessary to construct
all-weather roads and add vehicle barriers along the borders.
Section 104. Border Patrol checkpoints
Section 104 authorizes the Secretary to maintain temporary
or permanent border patrol checkpoints in close proximity to
the southern border.
Section 105. Ports of entry
Section 105 authorizes the Secretary to construct
additional ports of entry and to make improvements to
existing ports of entry along the land borders.
Section 106. Construction of strategic border fencing and
vehicle barriers
Section 106 requires DHS, over the next two years, to
replace all aged, deteriorating, or damaged primary fencing
with double or triple layered fencing in Arizona population
centers on the border. The fencing must be extended no less
than 2 miles beyond those population centers. This section
also requires DHS to construct at least 200 miles of vehicle
barriers and all-weather roads in areas that are known
transit points for illegal cross border traffic.

SUBTITLE B--BORDER SECURITY PLANS,

STRATEGIES AND REPORTS

Section 111. Surveillance plan
Section 111 requires the Secretary of DHS to submit a
comprehensive plan for the systematic surveillance of the
U.S. land and sea borders.
Section 112. National strategy for border security
Section 112 requires the Secretary of DHS, in consultation
with the heads of other appropriate Federal agencies, to
develop and submit to Congress a National Strategy for Border
Security.
Section 113. Reports on Improving the exchange of information
on North American security
Section 113 requires the Secretary of State, in
coordination with the Secretary of DHS and the Secretary of
Defense, to submit to Congress a report on improving the
exchange of information related to the security of North
America, including a description of progress made on security
clearances and document integrity, immigration and visa
management, visa policy coordination, counterterrorism and
terrorist watch lists, and law enforcement cooperation among
the United States, Mexico, and Canada.
Section 114. Improving the security of Mexico's southern
border
Section 114 directs the Secretary of State and Secretary of
DHS to work with Canada and Mexico to establish a program to
assess the needs of Guatemala and Belize in maintaining the
security of their borders, and to work with Guatemala and
Belize to provide law enforcement assistance to dismantle
human smuggling organizations and gain additional control
over the border between Guatemala and Belize. It also directs
the Secretaries and the Director of the FBI to establish a
database to track criminal gang activities in Central
America.

SUBTITLE C--OTHER BORDER SECURITY INITIATIVES

Section 121. Biometric data enhancements
Section 121 requires the Secretary of DHS, by October 1,
2007, to enhance the connectivity between the Automated
Biometric Fingerprint Identification System (IDENT) and
Integrated Automated Fingerprint Identification System
(IAFIS) biometric databases and collect all fingerprints from
individuals through the United States Visitor and Immigrant
Status Indicator Technology (US-VISIT) program during their
initial enrollment.
Section 122. Secure communication
Section 122 requires the Secretary of DHS to implement a
two-way communication system between Border Patrol agents in
the field and their station offices, as well as between
appropriate DHS border security agencies at the State, local
and tribal law enforcement agencies.
Section 123. Border Patrol training capacity review
Section 123 requires the Comptroller General to review the
basic training provided to new Border Patrol agents to ensure
that such training is provided as efficiently and cost
effectively as possible.
Section 124. US-VISIT system
Section 124 requires the Secretary of DHS, in consultation
with the heads of other appropriate Federal agencies, to
submit to Congress a timeline for equipping all land border
ports of entry with the US-VISIT system, deploying at all
land border ports of entry the exit component of the US-VISIT
system, and making all immigration screening systems
interoperable.
Section 125. Document fraud detection
Section 125 requires that all immigration inspectors
receive training in identifying and detecting fraudulent
travel documents and obtain access to the Forensic Document
Laboratory. It also requires the Inspector General of DHS to
conduct an independent assessment of the accuracy and
reliability of the Forensic Document Laboratory and to submit
a report to Congress.
Section 126. Improved document integrity
Section 126 requires that immigration-status documents,
other than interim documents, issued by DHS be machine-
readable, tamper-resistant, and incorporate biometric
identifiers by October 26, 2007.
Section 127. Cancellation of visas
Section 127 voids visas held by a nonimmigrant alien if the
alien remains in the U.S. beyond the period of authorized
stay, and requires aliens who overstay to return to their
consulate abroad to undergo additional

[[Page S2370]]

screening before being able to return to the U.S.
Section 128. Biometric entry-exit system
Section 128 authorizes DHS to collect biometric data from
any alien or LPR seeking admission to, exit from, transit
through, or paroled into the U.S., and provides that failure
to comply with the biometric requirements is a ground for
inadmissibility.
Section 129. Border study
Section 129 requires the Secretary of DHS to conduct a
study and submit a report to Congress on the construction of
a physical barrier system along the southern and northern
international land and maritime borders of the United States.
Section 130. Secure border initiative financial
accountability
Section 130 requires the Inspector General of the
Department of Homeland Security to review all contracts over
$20 million that pertain to the Secure Border Initiative. The
IG would have to provide a report to the Secretary on any
cost overruns, delays in execution, or mismanagement of these
contracts. This section would also require the Secretary of
Homeland Security to disclose all contracts with foreign
entities on the Secure Border Initiative and the Committee on
Foreign Investment in the United States would have to report
to Congress on proposed purchases of U.S. port operations by
a foreign entity.

title ii.--interior enforcement

Section 201. Removal and denial of benefits to terrorist
aliens
Section 201(a) amends the INA so that all aliens
inadmissible on terrorism-related grounds are ineligible for
asylum.
Section 201(b) expands the class of aliens ineligible on
security-related grounds for cancellation of removal. Current
law provides that all aliens ``inadmissible'' and
``deportable'' on security-related grounds are ineligible;
subsection (b) provides that all aliens ``described in''
those provisions are also ineligible.
Section 201(c) expands the class of aliens ineligible on
security-related grounds for voluntary departure. Current law
disqualifies from voluntary removal all aliens ``deportable''
on security-related grounds and because of conviction of an
aggravated felony; subsection (c) extends this
disqualification to all aliens ``described in'' those
provisions.
Section 201(d) renders ineligible for withholding of
removal all aliens ``described in'' the provisions of the INA
rendering aliens inadmissible on terrorism grounds and most
of the provisions rendering aliens deportable on terrorism
grounds.
Section 201(e) narrows the class of aliens eligible for a
record of admission for permanent residence if no such record
is otherwise available. Current law requires an alien seeking
such a record of admission to prove that he is not
``inadmissible'' on the grounds of participation in certain
Nazi-related activities and certain other activities, and
that he is not ``deportable'' for terrorist activities;
subsection (e) requires aliens to prove they are not
``described in'' those provisions.
Section 201(f) provides that the amendments in this section
apply to aliens in removal, deportation, and exclusion
proceedings on the date of enactment, and to acts or
conditions occurring before, on, or after the date of
enactment.
Section 202. Detention and removal of aliens ordered removed
Section 202 responds to the Supreme Court's decision in
Zadvydas v. Davis, 533 U.S. 678 (2001). The issue addressed
in this section, and in Zadvydas, is what the Government may
do if the removal period expires and the Government has not
managed to remove the alien.
Section 202(a)(1)(E)-(G) addresses authority to detain
beyond the removal period aliens ordered removed who are
inadmissible; who are removable as a result of violations of
status requirements or entry conditions, violations of
criminal law, or reasons of security or foreign policy; or
who have otherwise been determined by the Attorney General to
constitute a risk to the community or to be unlikely to
comply with the order of removal.
Section 202(a)(1)(E) provides that such aliens may be
detained beyond the removal period in the discretion of DHS
and without any limitations other than those specified in the
statute. Section 202(a)(1)(G) sets forth detailed guidelines
for detention following the removal period of the classes of
aliens identified above:
With respect to aliens who have effected entry to the
United States and have fully cooperated with the Government's
efforts to carry out removal, DHS may detain such aliens
until removal after making one of a variety of
certifications. DHS must renew such a certification every six
months for as long as it wants to continue detaining the
alien. In the absence of a certification, the alien is to be
released, although conditions may be imposed and re-detention
is possible. DHS may not delegate the decision to certify
or renew a certification to an officer inferior to the
Commissioner of ICE.
With respect to aliens who have effected an entry to the
United States and would be removed but for failure to
cooperate fully with removal efforts, DHS may detain them
until the alien makes all reasonable efforts to comply with
the removal efforts.
With respect to aliens who have not effected an entry to
the United States, DHS is required to follow the guidelines
set forth in a specified provision of the CFR.
Section 202(a)(1)(G) authorizes DHS to parole the alien if
she/he is an applicant for admission. Finally, it makes
judicial review regarding the above paragraphs available only
in habeas corpus proceedings after exhaustion of
administrative remedies available as of right.
Section 202(a)(1)(A) provides that DHS, not DOJ, oversees
detention and removal of aliens ordered removed.
Section 202(a)(1)(B) modifies the definition of one of the
three events, the latest of which marks the beginning of the
90-day removal period. Under current law, one of the three
events marking the beginning of the removal period is the
date of the court's final order, if such a court has stayed
the alien's removal so that it can review the removal order.
Section 202(a)(1)(B) revises this clause so that the removal
period would begin on the expiration of the stay of removal
entered by a court, the BIA, or an immigration judge.
Section 202(a)(1)(B) also expands the authority of the
Government to extend the removal period beyond 90 days, if
the alien fails or refuses to make all reasonable efforts to
comply with the removal order or to fully cooperate with
DHS's efforts to establish the alien's identity and carry out
the removal order.
Finally, Section 202(a)(1)(B) provides that in no event can
the 90-day removal period begin until the alien is in DHS's
custody. If DHS transfers custody of the alien during the
removal period to another Federal, state, or local agency,
the removal period is tolled and begins anew when the alien
is returned to DHS's custody.
Section 202(a)(1)(C) provides explicit statutory authority
for DHS to detain an alien during a stay of removal ordered
by a court, the BIA, or an immigration judge, so long as the
alien is otherwise subject to an administratively final order
of removal.
Section 202(a)(1)(D) addresses the terms under which the
alien is to be supervised if she has not been removed after
the removal period expires to prevent the alien from
absconding, to protect the community, or otherwise to enforce
the immigration laws.
Section 202(a)(2) provides that the amendments made by
Section 202(a)(1) will apply to all aliens subject to a final
administrative removal, deportation, or exclusion order that
was issued before, on, or after the date of enactment of the
Act.
Section 202(b) amends that portion of title 18 concerning
release of a criminal defendant pending trial to establish a
rebuttable presumption that no conditions of release will
reasonably ensure the appearance of the defendant as required
if the judge finds probable cause to believe that the person
has no lawful immigration status, is the subject of a final
order of removal, or has committed one in a list of
immigration offenses.
Section 202(b) also amends that portion of title 18
enumerating the factors that a judge must consider when
determining whether there are conditions of release that will
reasonably assure the appearance of criminal defendants as
required. The subsection provides that the judge shall
consider the person's immigration status.
Section 203. Aggravated felony
Section 203(a) modifies the definition of the term
``aggravated felony.'' Sections 203(a)(1) and (a)(5) provide
that convictions based on the term of imprisonment are
covered even if the length of the sentence was based on
recidivist or other enhancements.
Section 203(a)(2) broadens the term to include all bringing
in and harboring certain aliens crimes.
Section 203(a)(3) broadens the definition to include any
felony conviction under INA Section 275 (Improper Entry by an
Alien) and Section 276 (``Reentry of Removed Alien''). The
current definition covers only crimes under Sections 275(a)
and 276 that were committed by an alien previously deported
for another aggravated felony. By capturing the rest of
Section 275, the definition now includes felony convictions
for marriage fraud and immigration-related entrepreneurship
fraud, in addition to a much broader swath of offenses for
improper entry and reentry themselves.
Section 203(a)(4) expands the definition to include
soliciting, aiding, abetting, counseling, commanding,
inducing, or procuring another to commit one of the crimes
listed already in the definition.
Section 203(b) bars a refugee convicted of an aggravated
felony from eligibility for adjustment of status.
Section 203(c) provides that Sections 203(a) and 203(b)
apply to acts occurring before, on, or after the date of
enactment and to all proceedings in which the alien is
required to establish admissibility on or after the date of
enactment of the Act.
Section 204. Terrorist bars
Section 204(a)(1) provides that no alien shall be found to
have ``good moral character'' for purposes of the INA if DHS
or DOJ determines that the alien is described in sections
212(a)(3) (excludable on security or related grounds) or
237(a)(4) (removable on security or related grounds).
Section 204(a)(2) clarifies that the bar against aggravated
felons being found to have ``good moral character'' applies
even if the underlying crime was not classified as an
aggravated felony at the time of conviction, and provides
waiver authority when the completion of the term of
imprisonment and sentence occurred 10 or more years prior
to the date of application.

[[Page S2371]]

Section 204(a)(3) clarifies that the ``catch-all''
component of the definition of ``good moral character''
includes discretionary authority to find an alien lacks good
moral character for reasons not enumerated in the definition.
The provision also clarifies that this discretionary
authority may be based upon the alien's conduct outside the
period during which good moral character is required.
Section 204(b) provides that a petition for granting
certain classes of immigrant status may not be granted if
there is any proceeding pending that could result in the
petitioner's denaturalization or loss of the petitioner's
lawful permanent resident status.
Section 204(c) clarifies that an alien admitted as a
conditional lawful permanent resident must have the condition
removed before she can be lawfully admitted.
Section 204(d) modifies the law governing judicial review
of naturalization decisions. Subsection (d)(1) requires an
alien to seek review of the denial of his application for
naturalization within 120 days of DHS's final determination.
Subsection (d)(2) imposes on the alien the burden of showing
that DHS's denial was contrary to law. It also removes
jurisdiction from the courts, except in proceedings to revoke
naturalization, to review or make any determination that an
alien is a person of good moral character, understands and is
attached to the principles of the Constitution, and is well-
disposed to the good order and happiness of the United
States.
Section 204(e) bars from being naturalized any alien whom
DHS determines to have been at any time an alien described in
INA sections 2l2(a)(3) (excludable on security or related
grounds) or 237(a)(4) (removable on security or related
grounds).
Section 204(f) provides that neither a court nor DHS may
consider a naturalization application while there is pending
any proceeding to determine inadmissibility, deportability,
or rescission of eligibility for lawful permanent residence,
regardless of when the proceeding commenced.
Section 204(g) modifies the circumstances under which an
alien may seek judicial review of a pending naturalization
application. The subsection limits the district court's
jurisdiction to examining the basis for any delay and
remanding to DHS for adjudication. The time after which the
alien may seek judicial review is extended to 180 days after
DOJ's examination of the applicant.
Section 204(h) provides that the amendments made by this
section will apply to acts occurring before, on, or after the
date of enactment and to all applicable cases or matters
pending on or filed after the date of enactment of the Act.
Section 205. Increased criminal penalties related to gang
violence, removal and alien smuggling
Section 205(a)(1) renders inadmissible any alien who a
consular officer, DOJ, or DHS knows or has reason to believe
is or has been a member of a gang (as defined in Title 18),
or who has participated in such a gang's activities knowing
or having reason to know that such activities supported the
gang's illegal conduct. Section 205(a)(2) renders such aliens
deportable as well, though it exempts aliens who were members
of a gang only before admission to the country. (DHS and DOJ
can waive application of both 205(a)(1) and (a)(2).)
Section 205(a)(3) modifies the rules concerning Temporary
Protected Status (TPS). It transfers the authority over TPS
from DOJ to DHS; provides DHS with authority to terminate a
TPS designation for any reason; permits DHS to extend a
country's TPS designation for any amount of time up to 18
months; abolishes the $50 cap on the TPS registration fee;
denies TPS status to any alien who is a member of a gang, or
has been at any time after admission; and clarifies that a
TPS alien's immunity from detention on the basis of his/her
immigration status does not extend to detentions authorized
by other provisions of law.
Section 205(b):
Permits the government to penalize for failure to depart
those aliens ordered removed because they were inadmissible.
Changes the base penalty for failure to depart to a
mandatory minimum of 6 months and a maximum of 5 years, along
with a fine.
Changes the penalty for an alien's willful failure to
comply with the terms of release under supervision by
removing any statutory limit on the fine and adding a
mandatory minimum of 6 months and a maximum of 5 years, or 10
years for certain categories of deportable aliens.
Allows the Secretary of Homeland Security to instruct the
Secretary of State to deny issuing a visa to any national of
a country if that country refuses to accept the return of its
nationals. The language only relates to visa issuance, not
denial of admission at port-of-entry, ensuring that refugees/
asylees are not impacted and that aliens know they will not
be admitted before they travel to the U.S.
Section 205(c) strikes and replaces the provision of the
INA covering alien smuggling and related offenses. One key
purpose of this section is to clarify a provision of the INA
that has become confusing and overly complicated after years
of piecemeal amendments. But there are substantive changes as
well, as the section:
Expands the alien-smuggling crime to cover individuals who
``facilitate[ ], encourage[ ], direct[ ], or induce[ ]'' an
alien to enter the country at other than a designated port of
entry, and to cover those who act with reckless disregard of
the alien's unlawful immigration status;
Creates a new crime for transporting or harboring certain
aliens in unlawful transit outside the U.S., under
circumstances where the alien is seeking to enter the United
States unlawfully; and
Criminalizes attempts to encourage or induce an alien to
reside or remain in the United States.
Section 205(c) also dispenses with the current penalty
scheme for alien smuggling and provides increasing penalties
depending on whether the offense was not committed for profit
(5 year stat max), if the offense was committed for
commercial advantage, profit, or private financial gain (20
year stat max), if the offense was a second or subsequent
violation and committed for profit (3 year mandatory minimum,
20 year stat max), if the offense was committed with the
intent to further or aid another offense punishable by 1 year
or more (5 year mandatory minimum, 20 year stat max), if the
offense created a substantial risk of death or serious bodily
injury (5 year mandatory minimum, 20 year stat max), if the
offense caused serious bodily injury (7 year mandatory
minimum, 30 year stat max), if the offense involved an alien
who the offender knew or had reason to believe was engaged in
terrorist activity (10 year mandatory minimum, 30 year stat
max), or if death resulted (10 year mandatory minimum, life
maximum). The subsection also provides for extraterritorial
federal jurisdiction.
In addition, Section 205(c) clarifies that a religious
organization is not guilty of alien smuggling if it provides
room, board, travel, and medical assistance to an alien
serving as a minister or missionary in a volunteer capacity,
provided that the alien has been a member of the religious
denomination for at least one year.
Section 205(c) also broadens the crime of hiring
unauthorized aliens for employment to include those who
knowingly hire in reckless disregard of the alien's unlawful
immigration status and increases the maximum penalty to 10
years.
Section 205(c) also expands the forfeiture provisions of
the alien-smuggling statute to cover any property used to
commit or facilitate a violation of either alien smuggling or
hiring of unauthorized aliens, proceeds of such a violation,
and property traceable to either of them.
Finally, Section 205(c) simplifies and slightly expands the
reach of provisions governing prima facie evidence in the
determination of alien smuggling violations; makes two modest
changes to the section governing admissibility of videotaped
witness testimony to ensure compliance with the Confrontation
Clause; and includes new definitions making it clear that for
purposes of alien smuggling, an alien is deemed to have
crossed the border into the United States regardless of
whether the alien is free from official restraint.
Section 205(d) adds alien smuggling to the list of crimes
during and in relation to which 18 U.S.C. Sec. 924(c)
provides a mandatory minimum for carrying or using a firearm.
Section 206. Illegal entry or unlawful presence of an alien
Section 206 modifies INA Section 275, which currently
covers illegal entry.
The new Section 275(a):
Adds a scienter requirement, ``knowingly,'' to the various
improper entry crimes.
Criminalizes an alien's knowing unlawful presence in the
United States;
Clarifies that the unlawful entry crime covers any alien
who knowingly crosses the border, even if s/he was under
observation at the time;
Provides higher maximum penalties for aliens convicted of
illegal entry (and unlawful presence) who have a sufficiently
serious criminal record; and
Clarifies that illegal entry and unlawful presence continue
until the alien is discovered within the country by an
immigration officer.
The new Section 275(b) clarifies that the civil penalties
for unlawful entry cover any alien who knowingly crosses the
border, even if s/he was under observation at the time.
Section 207. Illegal reentry
Section 207 provides higher maximum penalties for aliens
convicted of illegal reentry who have a sufficiently serious
criminal record. The penalty structure here is similar to
that provided for illegal entry and unlawful presence in
Section 206.
In addition, this section:
Adds an element to an affirmative defense available to
aliens previously denied admission and removed;
Heightens the standard the alien must meet in order to
collaterally attack the underlying removal order under this
section; and
Clarifies that the illegal reentry crime covers any alien
who knowingly crosses the border, even if s/he was under
observation at the time.
Section 208. Reform of passport, visa, and immigration fraud
offenses
Section 208 provides a comprehensive rewriting of chapter
75 of title 18, which currently covers Passports and Visas
and is amended to cover Passport, Visa, and Immigration
Fraud.
The proposed section 1541 creates a new crime for
trafficking in passports. Section 1541(a) would punish those
who unlawfully produce, issue, transfer, forge, or falsely
make passports, as well as those who transact in passports
they know to be forged or

[[Page S2372]]

counterfeited and those who prepare, submit, or mail
applications for passports that they know include a false
statement. The maximum penalty for these crimes would be 20
years.
Section 1541(b) would punish any individual who knowingly
and without lawful authority produced, obtained, possessed,
or used various papers, seals, symbols, or other materials
used to make passports. This crime also would carry a maximum
of 20 years.
The proposed section 1542 modifies the current penalization
of false statements in a passport application:
For making a false statement in a passport application,
modifies the requisite mens rea to ``willfully''; removing
the requirement that the government show intent to induce or
secure the issuance of a passport from the United States; and
broadens the crime to cover the passport's supporting
documentation;
Creates a new crime for completing, signing, or submitting
a passport application (including supporting documentation),
knowing that it contains a false statement or representation;
Creates a new crime for causing (or attempting to cause)
the production of a passport by means of any fraud or false
application for a U.S. passport, when such production occurs
(or would occur) at an authorized facility; and
Creates a statutory maximum of 15 years for all these
crimes, replacing the tiered penalty structure under current
law.
The proposed section 1543 addresses ``Forgery and Unlawful
Production of a Passport,'' and is analogous to existing
section 1543, which covers ``Forgery or False Use of a
Passport.'':
For falsely making or counterfeiting a passport, requires
that the defendant knowingly counterfeited or falsely made
the passport (in contrast to current law, which requires
proof that the defendant falsely made or counterfeited a
passport with intent that the same may be used);
For transferring a forged or counterfeited passport,
requiring only that the defendant ``knowingly'' transferred
the passport, knowing it to be forged or counterfeited (in
contrast to current law, which requires proof that the
defendant ``willfully and knowingly'' furnished such a
passport to another);
For using a forged or counterfeited passport, reducing the
mens rea to ``knowingly'';
Adding the new crime of knowingly and without lawful
authority producing or issuing a passport for or to any
person not owing allegiance to the United States;
Adding the new crime of knowingly and without lawful
authority transferring a passport to a person for use when
such person is not the person for whom the passport was
issued or designed; and
Creating a statutory maximum of 15 years for all these
crimes, replacing the tiered penalty structure under current
law.
The proposed section 1544 covers ``Misuse of a Passport,''
the same title that section bears under current law. Changes
include:
For using a passport issued or designed for another,
reducing the mens rea to ``knowingly'';
For using a passport in violation of applicable rules,
reducing the mens rea to ``knowingly'';
Expanding the crime of knowing use of a forged or
counterfeit passport so that it covers the knowing
possession, receipt, purchase, sale, or distribution of such
a passport;
Amending the crime for violating the terms and conditions
of any duly-obtained safe conduct by adding a mens rea of
``knowingly'';
Increasing the maximum penalty for violating the terms of
any safe conduct from 10 to 15 years;
Creating a new crime for knowingly using a passport to
enter or attempt to enter the country, knowing that the
passport is forged or counterfeited;
Creating a new crime for knowingly using a passport to
defraud an agency of the United States or a State, knowing
that the passport is forged or counterfeited; and
Creating a statutory maximum of 15 years for all these
crimes, replacing the tiered penalty structure under current
law.
Section 1545 creates new crimes designed to punish schemes
to defraud aliens. Section l545(a) provides a maximum 15-year
penalty for anyone who knowingly executes a scheme to defraud
any person in connection with any matter arising under the
immigration laws or that the offender claims arises under the
immigration laws. Section 1545(b) provides a maximum 15-year
penalty for anyone who knowingly and falsely represents
himself to be an attorney in any matter arising under the
immigration laws.
Section 1546, ``Immigration and Visa Fraud,'' revises and
expands the current version of the same section, which is
titled, ``Fraud and Misuse of Visas, Permits, and Other
Documents.'' Changes to Section 1546(a) include:
Creating a new crime for knowing use of any immigration
document issued or designed for use by another;
Penalizing those who knowingly forge or falsely make any
immigrant document (in contrast to current law, which covers
only those immigration documents ``prescribed by statute or
regulation for entry into or as evidence of authorized stay
or employment'' in the U.S.);
Expanding the crime for false statements in an application
for immigration documents by striking the requirement that
the statement was made under oath;
Expanding the crime of knowing use of a forged or
counterfeit immigration document so that it covers ``any
immigration document'';
Expanding the same crime so that it covers the knowing
possession, receipt, purchase, sale, or distribution of such
documents;
Creating a statutory maximum of 15 years for all these
crimes, replacing the tiered penalty structure under current
law.
Section 1546(b) creates new penalties for trafficking in
immigration documents. The covered conduct is analogous to
those covered in the proposed section 1541(a), concerning
trafficking in passports. Also like the proposed section
1541(a), section 1546(b) provides a maximum penalty of 20
years.
Section 1546(c) creates new penalties analogous to section
1541(b). The new 1546(c) would punish any individual who
knowingly and without lawful authority produced, obtained,
possessed, or used various papers, seals, symbols, or other
materials used to make immigration documents. Like its
counterpart, section 1541(b), section 1546(c) would carry a
maximum of 20 years.
Section 1547 strengthens the penalties for marriage fraud
by:
Increasing the maximum penalty for marriage fraud from 5
years to 10 years;
Providing a new penalty of up to 10 years for those who
misrepresent the existence or circumstances of a marriage in
immigration documents or proceedings;
Providing a new penalty of up to 20 years for those who
enter into multiple marriages in order to evade immigration
law;
Providing new penalties of up to 20 years for those who
arrange, support, or facilitate multiple such marriages;
Providing that the offenses continue until the fraudulent
nature of the marriage is discovered; and
Penalizing attempts and conspiracies in the same manner as
a completed violation.
Expanding the penalty for immigration-related
entrepreneurship fraud from 5 years to 10 years.
Section 1548 provides that attempts and conspiracies to
violate any section of chapter 75 carry the same punishment
as a completed violation.
Section 1549 provides for a maximum penalty of 25 years for
any violation of this chapter where the actor intends to
facilitate an act of international or domestic terrorism, or
where s/he knew that the violation would facilitate such an
act. It also provides a maximum penalty of 20 years for any
violation where the actor intends to facilitate any felony
offense against the United States or a State, or where s/he
knew that the violation would facilitate such a felony
offense.
Section 1550 provides for seizure of property used to
commit or facilitate any crime under this chapter, the gross
proceeds of such a crime, and property traceable. Section
1551 extends the jurisdiction of U.S. courts to violations of
this chapter committed outside the United States in certain
circumstances. Section 1552 provides broad venue for the
prosecution of false statements in an application for a
passport. Section 1553 consists of definitions, and section
1554 clarifies that these amendments are not designed to
modify certain tools of law enforcement.
Section 209. Inadmissibility and removal for passport and
immigration fraud offenses
Section 209 renders inadmissible and removable any alien
convicted of a passport or visa violation under Chapter 75 of
title 18. Section 209(c) provides that these amendments apply
to proceedings pending on or after the date of enactment.
Section 210. Incarceration of criminal aliens
Section 210(a) authorizes DHS to extend the Institutional
Removal Program (IRP), which identifies removable aliens in
Federal and State prisons and remove such aliens after
completion of their sentences, to all states.
Section 210(b) authorizes States to hold an illegal alien
for up to 14 days after completion of the alien's prison
sentence in order to effectuate transfer of the alien to
Federal custody. Alternatively, the State may issue a
detainer allowing such an alien to be detained by the State
prison until ICE can take the alien into custody.
Section 210(c) requires the use of technology ``to the
maximum extent possible'' in order to make IRP available in
remote locations. Section 210(d) requires reporting on State
participation in the IRP or similar programs, and Section
210(e) authorizes appropriations.
Section 211. Encouraging aliens to depart voluntarily
Section 211(a)(1):
Expands the class of aliens ineligible for voluntary
departure to those ``described in'' Section 237(a)(2)(A)(iii)
(aggravated felony) and Section 237(a)(4) (security and
related grounds, including terrorist grounds); and
Transfers the power to permit aliens to depart voluntarily
in lieu of removal proceedings from the Attorney General to
the Secretary of DHS.
Section 211(a)(1) also modifies the procedures for aliens
who accept voluntary departure after the beginning, but prior
to the completion, of removal proceedings, by:
Offering such an alien only 60 days to depart (in contrast
to the 120 days allowed under current law) and allows for
aliens who agree to voluntary departure in lieu of removal
proceedings under both current law and the INA as amended by
this Act); and

[[Page S2373]]

Requiring such an alien to post a voluntary departure bond,
to be surrendered upon proof that the alien has left the
country within the time specified, which can be waived on
presentation of ``compelling'' evidence that the bond is
unnecessary and would present a financial hardship.
Section 211(a)(2) makes one change with respect to aliens
permitted to depart voluntarily at the conclusion of removal
proceedings: reducing the period in which such an alien must
depart from 60 days to 45 days.
Section 211(a)(3) sets forth various new provisions
governing voluntary departure agreements, providing that:
Voluntary departure is granted only as part of an
affirmative agreement by the alien;
An alien who accepts voluntary departure after the
conclusion of removal proceedings must waive his or her right
to any further appeal or petition relating to removal;
DHS has the authority, in connection with a voluntary
departure agreement, to reduce the period of inadmissibility
for certain aliens; and
Agreements as to voluntary departure reached during removal
proceedings or at the conclusion of removal proceedings must
be presented on the record before the immigration judge, and
the judge must advise the alien of the consequences of the
agreement.
In addition, Section 211(a)(3) provides that the failure of
the alien to comply with any terms of a voluntary departure
agreement renders the alien automatically ineligible for the
benefits of that agreement, subject to civil penalties
already authorized by the INA, and subject to an alternate
order of removal. Moreover, if the alien agrees to voluntary
departure but later files a timely appeal, such an appeal
voids the agreement and renders the alien ineligible for
voluntary departure while s/he remains in the country.
Finally, Section 211(a)(3) provides that unless expressly
agreed to by DHS, an alien who has agreed to voluntary
departure shall not have the period allowed for such
departure tolled or otherwise affected by any motion,
application, or other legal petition.
Section 211(a)(4) provides penalties for an alien's failure
to comply with a voluntary departure agreement: an automatic
$3,000 fine; ineligibility for certain forms of relief as
long as the alien remains in the country and for 10 years
thereafter; and ineligibility to reopen a final order of
removal, except to apply for withholding of removal or
protection under the Convention Against Torture.
Section 211(a)(5) provides that all aliens previously
permitted to depart voluntarily are ineligible for a second
or subsequent voluntary departure agreement. This subsection
also transfers the power to issue regulations limiting
eligibility for voluntary departure in lieu of removal
proceedings from the Attorney General to the DHS Secretary,
and provides the DHS Secretary authority concurrent with the
Attorney General's to issue regulations limiting eligibility
for voluntary departure in other circumstances.
Section 211(a)(6) removes jurisdiction from the courts to
stay, toll, or otherwise affect the period allowed for
voluntary departure.
Section 211(b) authorizes the DHS Secretary to promulgate
rules to impose and collect penalties for failure to honor a
voluntary departure agreement.
Section 212. Deterring aliens ordered removed from remaining
in the U.S. unlawfully
Section 212(a) closes a loophole allowing aliens to avoid
the bar on reentry by aliens ordered removed by unlawfully
remaining in the United States. Specifically, Section 212(a)
provides that the bar on admissibility applies to aliens who
seek admission ``not later than'' 5 years (or 10, or 20, as
the case may be) after the date of removal, in contrast to
the current law's bar on admissibility for aliens who seek
admission ``within'' 5 years (or 10, or 20, as the case may
be) of the date of removal.
Section 212(b) renders ineligible for future discretionary
relief any alien who absconds after receiving a final order
of removal. The bar applies until the alien leaves the United
States and for 10 years after. However, Section 213(b)
clarifies that such an alien remains eligible for a motion to
reopen to seek withholding of removal under certain
circumstances.
Section 213. Prohibition of the sale of firearms to or the
possession of firearms by certain aliens
Section 213(1) prohibits the transfer of firearms and
ammunition to an alien by those knowing or having reason to
know that the alien is a parolee. Section 214(2) prohibits
aliens who are parolees from transporting, possessing, and
receiving firearms and ammunition in interstate commerce.
Section 214(3) makes several technical corrections.
Section 214. Uniform statute of limitations for certain
immigration, naturalization, and peonage offenses
Section 214 provides a statute of limitations of 10 years
for most immigration crimes under the INA and title 18.
Section 215. Diplomatic security services
Section 215 authorizes Special Agents of the State
Department and the Foreign Service to investigate identity
theft, document fraud, peonage, slavery, and Federal offenses
committed within the special maritime and territorial
jurisdiction of the United States.
Section 216. Field Agent Allocation and Background Checks
Section 216 mandates each State to have at least 40
immigration enforcement agents, and at least 15 service
personnel (Secretary may waive requirement for states with
smaller populations).
It also requires DHS and DOJ to wait until the completion
of background and security checks before granting any
immigration-related status or benefit or issuing
documentation evidencing such a grant.
Section 217. Denial of benefits of terrorist and criminals
Section 217 provides that nothing in the INA shall be
construed to require any federal agency to grant any
application, status, or benefit to an alien who may pose a
threat to national security, who is the subject of an
investigation under certain circumstances, and for whom
background checks have not been completed.
Section 218. State criminal alien assistance program
Section 218 directs DHS to reimburse States and units of
local government for costs associated with detaining and
processing illegal aliens through the criminal justice
system.
Section 219. Transportation and processing of illegal aliens
apprehended by state and local law enforcement officers
Section 219 requires DHS to provide sufficient
transportation and officers to take all illegal aliens
apprehended by State and local law enforcement officers into
custody for processing at a DHS detention facility.
Section 220. State and local law enforcement of federal
immigration laws
Section 220 requires the Secretary of Homeland Security to
reimburse state/local police organizations for training
required under Sec. 287(g). Under Sec. 287(g), Immigration
and Customs Enforcement provides state and local law
enforcement with the training and subsequent authorization to
identify, process, and when appropriate, detain immigration
offenders they encounter during their regular, daily law-
enforcement activity.
Section 221. Reducing illegal immigration and alien smuggling
on tribal lands
Section 221 authorizes DHS to award grants to Indian tribes
with lands adjacent to international borders who may have
been adversely affected by illegal immigration.
Section 222. Alternatives to detention
Section 222 directs the Secretary of DHS to study the
effectiveness of alternatives to detention, including
electronic monitoring and the Intensive Supervision
Appearance Program (ISAP).
Section 223. Conforming amendment
Section 223 amends the definition of ``aggravated felony''
so that it covers all penalties for passport, visa, and
immigration fraud under chapter 75 of title 18, as amended by
Section 208 of this Act.
Section 224. Reporting requirements
Section 224(a)(I) and (2) amend the current provisions in
INA Section 265 to take account of the transfer of
immigration enforcement authority from the Attorney General
to DHS.
Section 224(a)(4) adds several new registration
requirements to the INA. Section 224(a)(4) makes clear that
the Secretary should provide for appropriate coordination and
cross-referencing of address information provided by aliens.
This section also makes clear that the Secretary can rely on
the most recent address provided by an alien to the Secretary
for any purpose under the immigration laws as an address to
contact the alien, and the Attorney General and the Secretary
may rely on the most recent address provided by the alien
pursuant to section 239 for purposes of contacting the alien
with respect to pending removal proceedings. Section
224(a)(4) makes clear that there is a separate change of
address requirement under existing law for aliens who are in
pending removal proceedings.
Section 224(b) makes several conforming amendments with
respect to related provisions of the INA.
Section 224(c) modifies the penalties provided in section
266(b) of the INA, by providing for an increase in fines (the
current $200 fine has remained unchanged in the more than 50
years since enactment of the INA), and by providing for
imprisonment up to 6 months for a second or subsequent
violation. Subsection (c)(I) also adds a new paragraph (3) in
section 266(b), providing that the Secretary and the Attorney
General may take into account, as a negative discretionary
factor in evaluating discretionary forms of relief from
removal, an alien's previous failure to comply with section
265. Section 224(c) also amends the penalty provision for
aliens who file an application for registration containing a
statement known by them to be false, so that it covers the
filing of a change of address notice containing a statement
known to be false.
Section 225. Mandatory detention for aliens apprehended at or
between ports of entry
Section 225 requires that as of October 1, 2006, all aliens
attempting to cross the border illegally must be detained
until removed, with some exceptions. This provision also
requires that in the interim period before October 1, 2006,
an alien who is released pending an immigration removal
hearing will have to post bond of at least $5,000.
Section 226. Removal of drunk drivers
Section 226 establishes that a third DUI conviction is an
aggravated felony and a reason for removal.
Section 227. Expedited removal
Section 227 mandates the use of expedited removal of
illegal aliens who are apprehended within 100 miles of the
border or 14

[[Page S2374]]

days of unauthorized entry. Additionally, this section amends
the INA to expand the scope of offenses subject to the
expedited removal program for incarcerated or deportable
aliens and allows DHS to use expedited removal on criminal
aliens found in correctional institutions.
Section 228. Protecting immigrants from convicted sex
offenders
Section 228 prohibits certain criminals from sponsoring an
alien (e.g. spouse or fiancee) for a green card unless the
DHS determines that the sponsor poses no threat to the alien.
Specifically, the prohibition would apply to any person
convicted of (i) murder, rape or sexual abuse of a minor;
(ii) certain crimes related to sexual exploitation of minors;
or (iii) an offense that relates to a prostitution business
or trafficking.
Section 229. Law enforcement authority of states and
political subdivisions and transfer to federal custody
Section 229 reaffirms the existing inherent authority of
State law enforcement personnel to assist the federal
government in enforcing the immigration laws of the United
States during the normal course of carrying out their law
enforcement duties. It also requires DHS to promptly take
aliens apprehended by state and local law enforcement
entities into Federal custody. Alternatively, DHS can request
that the relevant state or local law enforcement entity
temporarily detain the illegal alien or transport them to the
point of transfer to Federal custody. Finally, this section
mandates that states and localities be fully reimbursed for
all reasonable expenses incurred for detention and
transportation.
Section 230. Listing of immigration violators in the NCIC
database
Section 230 directs ICE to work with the FBI to place
information on certain immigration violators into the already
existing Immigration Violators File (IVF) of the National
Crime Information Center database. The four categories of
immigration violators whose information will be entered are:
aliens with final orders of removal, aliens under voluntary
departure agreements, aliens who have overstayed their
authorized period of stay and aliens whose visas have been
revoked.
Section 231. Laundering of monetary instruments
Section 231 permits those who engage in alien smuggling or
the harboring of illegal aliens for financial gain to be
prosecuted for money laundering based on the receipt of
proceeds from their illegal activity.
Section 232. Severability
This section is a severability clause.

title iii--increased worksite enforcement and penalties

Section 301. Unlawful employment of aliens
Section 301 amends Section 274A of the Immigration and
Naturalization Act.
Subsection (a)(1) prohibits the hiring, recruiting, or
referral of any alien with knowledge or with reason to know
of the alien's illegal status, as well as the hiring of an
individual without complying with the identification and
employment documentation verification requirements
of subsection (c) and the Electronic Employment
Verification System requirements of subsection (d).
Subsections (a)(2) and (a)(3) bar the continued employment
of an unauthorized alien after acquiring knowledge of the
alien's illegal status, as well as the use of illegal aliens
as laborers through contracts or subcontracts.
Subsection (a)(4) provides that, in a civil enforcement
context, if the Secretary determines that an employer has
hired more than ten unauthorized aliens within a calendar
year, a rebuttable presumption is created that the employer
knew or had reason to know that such aliens were
unauthorized.
Subsection (a)(5) provides a defense for employers who
comply in good faith with the requirements of subsections (
c) and (d) and who voluntarily use the Electronic Employment
Verification System.
Subsection (b): Order of internal review and certification
of compliance
This provision authorizes the Secretary to require, when
there is reasonable cause to believe that employers have
failed to comply with this section, an employer to certify
that it is in compliance with this section, or has instituted
a program to come into compliance.
The purpose of this section is to allow the Secretary to
obtain an employer's formal assurance that the employer is in
fact in compliance with immigration laws or that it has
developed a plan to come into compliance with the
requirements of this section. The provision allows DHS to
rely on an employer's self-assessment and self-certification
rather than launching a formal DHS investigation. Within 60
days, the employer is required to certify completion of this
review and that it is either in compliance or has instituted
a program to come into compliance. At the request of the
employer, the Secretary may extend the deadline for good
cause.
Subsection (c): Document verification system
Subsection (c) requires employers hiring, recruiting, or
referring employees to take reasonable steps to verify that
such employees are authorized to work.
Subsection (c)(1) requires employers to attest under
penalty of perjury that they have verified the identity and
work authorization status of their employees by examining a
document establishing both work authorization and identity
(described in (c)(I)(B)) or a document establishing work
authorization (described in (c)(I)(C)) and a document
establishing identity (described in (c)(I)(D)).
Subsection (c)(1) also establishes the standard of
compliance with regard to examination of a document. Section
(c)(I)(E) authorizes the Secretary to prohibit or place
conditions on the use of documents that do not reliably
establish identity or work authorization or which are being
used fraudulently to an unacceptable degree.
Subsection (c)(2) describes an employee's obligation to
attest in writing to being legally authorized to work and
prescribes a penalty for false representations.
Sections (c)(3) and (c)(4) require the employer to retain
copies of the attestation form and supporting documentation.
Subsection (c)(5) subjects an employer that fails to comply
with the documentation, recordkeeping, and other requirements
of subsection (c) to penalties pursuant to subsection
(e)(4)(B). As detailed in subsection (e)(4)(B), penalties for
paperwork violations are progressive in their severity,
depending upon whether the violation is a first, second or
third offense.
Subsection (c)(6) provides that nothing in this subsection
authorizes the issuance or use of a national identification
card.
Subsection (d): Electronic employment verification system
Subsection (d)(1) requires the Secretary, in cooperation
with the Commissioner of Social Security, to implement an
Electronic Employment Verification System (EEVS).
Subsection (d)(2) incorporates existing Basic Pilot program
language requiring the Secretary to operate the verification
system through a toll-free phone number or other electronic
media through which participating employers can make
inquiries as to whether individuals are work authorized. This
subsection also requires that the Secretary maintain records
of inquiries and responses to inquiries, allowing for a
robust audit capability. The verification system must provide
an initial response within 3 days. Until the employer
receives an answer, the employment relationship may continue.
If the employer receives a tentative non-confirmation from
the verification system, the employee may contest that
finding. While the tentative nonconfirmation is being
contested, the employer may not terminate the employee based
on a lack of work authorization.
The system must be designed and operated for maximum
reliability, ease of use, and safeguarding against
unauthorized disclosure of private information as well as
unlawful discriminatory practices. This section requires the
SSA Commissioner to establish a system to compare names with
SSNs in order to confirm or not confirm their correspondence
as well as whether a SSN is authorized for employment, and
prohibits the disclosure of SSN information to employers. The
section requires the Secretary to establish a system to
compare names with alien identification or authorization
numbers in order to confirm or not confirm work
authorization. This section also requires updating of
information for maximum accuracy.
Subsection (d)(3) outline the requirements for employer
participation into the System. As a general rule, the
verification requirement will apply only to new employees and
be rolled out gradually. As of the date of enactment, the
Secretary is authorized through notice in the Federal
Register to require participation in the EEVS by employers
that the Secretary determines to be part of the critical
infrastructure, or directly related to the national, or
homeland security needs of the United States. Participation
of these employers shall apply with respect to both newly
hired and currently hired employees.
Two years after the date of enactment of this Act, the
Secretary must require employers with more than 5,000
employees to participate in the EEVS. Three years after the
date of enactment, the Secretary must require employers with
less than 5,000 employees and with more than 1,000 employees
to participate in the EEVS. Four years after the date of
enactment, the Secretary must require employers with more
than 250 employees and less than 1,000 employees to
participate in the EEVS. Five years after the date of
enactment, the Secretary must require all employers to
participate in EEVS.
The Secretary also has the authority to require employers
to participate in the EEVS based upon immigration
enforcement. Participation of these employers shall apply
with respect to their newly hired employees. The Secretary is
authorized to waive or delay the participation in EEVS but
must provide notice to Congress of such waiver prior to the
date such waiver is granted.
Subsection (d)(6) states that any failure to comply with
the EEVS's requirements by a shall be treated as a violation
of subsection (a)(1)(B)' s prohibition against hiring
individuals without complying with this section, including
the requirements of subsections (c) and (d). Subsection
(d)(6) further provides that such failure to comply shall be
treated as presumed violations of subsection (a)(1)(A)'s
prohibition against the hiring of unauthorized aliens.

[[Page S2375]]

Subsection (d)(7) establishes procedures for employers
participating in the EEVS, including provision of identity
and work authorization information, presentation of
documentation, reliance on documentation, requirements for
seeking confirmation or resolving non-confirmations of work
authorizations, and consequences of final non-confirmations.
This subsection largely incorporates language identical to
that contained in the current Basic Pilot statute, in order
to allow the current program to be expanded with a minimum of
operational disruption.
Subsection (d)(8) protects from civil and criminal
liability any person or entity who relies in good faith on
information provided through the EEVS confirmation system.
This incorporates existing language applicable to the Basic
Pilot program authority.
Subsection (d)(9) prohibits use of the EEVS by any Federal
agency for any purposes other than enforcement and
administration of the immigration laws, the SSA, or the
criminal laws.
Subsection (d)(10) authorizes the Secretary to modify the
requirements of the EEVS.
Subsection (d)(11) allows the Secretary to establish,
require, and modify fees for employers participating in the
EEVS. Such fees may be set at a level that will recover the
full cost of providing the EEVS to all participants. This
provision further provides that fees are to be deposited and
remain available as provided in INA sections 286(m) and (n),
and that the EEVS is considered an immigration adjudication
service under 286(n). This provision also allows the
Secretary to modify the frequency or schedule for payment.
Subsection (d)(12) requires that the Secretary submit a
report to Congress within one year after enactment on the
capacity, integrity, and accuracy of the EEVS.
Subsection (e): Compliance
Subsection (e)(1) requires the Secretary to establish
procedures for the filing of complaints and investigation of
possible violations.
Subsection (e)(2) ensures that immigration officers have
reasonable access to evidence of employers they are
investigating. It also authorizes DHS to compel the
production of evidence by subpoena and to fine or void any
mitigation of penalties available to employers who fail to
comply with subpoenas.
Subsection (e)(3) authorizes the Secretary to issue pre-
penalty notices to employers when there is reasonable cause
to believe the employer has violated this section. It would
provide employers a reasonable opportunity to defend their
actions and to petition the Secretary for the remission or
mitigation of any fine or penalty or to terminate the
proceedings. Mitigating circumstances would include good
faith compliance and participation in the EEVS. The
subsection also sets forth the procedures for the Secretary
to follow when making a determination of whether there has
been a violation and authorizes the Secretary to mitigate
penalties or terminate proceedings in appropriate cases.
Subsection (e)(4) sets forth the civil monetary penalties
for unlawfully hiring, recruiting, or referring unauthorized
aliens or for continuing to employ an individual who is
unauthorized to work, as well as penalties for recordkeeping
or verification practice violations.
Subsection (e)(5) provides that an employer may appeal an
adverse determination within 45 days of the issuance of the
final determination.
Subsection (e)(6) authorizes the Government to file suit in
Federal court if an employer fails to comply with a final
determination.
Subsection (f): Criminal penalties
Subsection (f) establishes criminal penalties and
injunction procedures for employers who engage in a pattern
or practice of knowing violations of subsection (a)(1)(A),
which prohibit hiring unauthorized aliens, or subsection
(a)(2), which prohibits continuing to employ unauthorized
aliens after employer is aware or has reason to be aware that
the alien is not authorized to work. Such employers can be
fined up to $10,000 for each unauthorized alien with respect
to whom such a violation occurs, imprisoned up to six months,
or both. This subsection further authorizes the Attorney
General to bring a civil action requesting such monetary
penalties or injunctive relief.
Subsection (g): Prohibition of indemnity bonds
Subsection (g) prohibits any employer from requiring
prospective employees to post a bond or other security
indemnifying the employer against liability arising from the
employer's violation of this section. Violation of this
prohibition is subject to civil penalties, and amounts
obtained in the form of such bonds can be ordered to be
deposited in the Employer Compliance Fund authorized by INA
Sec. 286(w).
Subsection (h) bars noncompliant employers from eligibility
for Federal contracts.
Subsection (i) contains provisions relating to work
documentation from DHS and a federal preemption clause
applicable to the provisions of this section.
Subsection (j) directs the deposit of funds paid for civil
penalties into the employer compliance fund authorized by INA
Sec. 286(w).
Section 302. Employer compliance fund
Section 302 establishes an Employer Compliance Fund into
which funds derived from civil penalties are to be deposited.
The Employer Compliance Fund shall be used for enhancing and
enforcing employer compliance with section 274A.
Section 303. Additional worksite enforcement and fraud
detection agents
Section 303 authorizes the hiring of additional DHS
personnel dedicated to worksite enforcement fraud detection
agents.
Section 304. Clarification of ineligibility for
misrepresentation.
Section 304 is a technical change that conforms section 212
to section 274A. This provision closes a loophole in the
ground of inadmissibility for falsely claiming U.S.
nationality in section 212 of the INA that has been exploited
to obtain unauthorized employment and subsequently evade
removal.
The employment verification provisions in section 274A of
the INA require an employee to certify that (unless claiming
work authorized alien status) he is a ``citizen or national''
of the United States. The Form I-9 uses this formulation. The
parallel ground of inadmissibility, although it refers
specifically to section 274A verification, only uses the
phrase ``citizen.'' Some aliens have escaped the consequences
of their misrepresentations by successfully arguing that a
false attestation that one is a ``citizen or national'' is
not covered by the ground of inadmissibility. A false
attestation to any form of U.S. nationality should have the
same consequences in employment verification or in other
circumstances.

TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH
ADVANCED DEGREES

Section 401. Elimination of existing backlogs
Section 401 reduces visa backlog waiting times by allowing
the recapture of unused visa numbers and increases the number
of employment-based green cards from 140,000 to 290,000. It
also exempts immediate relatives of U.S. citizens from the
480,000 annual cap on family-based immigration.
Section 402. Country limits
Section 402 increases the per-country limits for family-
sponsored and employment-based immigrants are from 7 percent
to 10 percent (in the case of countries) and from 2 percent
to 5 percent (in the case of dependent areas).
Section 403. Allocation of immigrant visas
The current 480,000 ceiling on family-sponsored immigrants
is redistributed among existing family preference categories.
Ten percent is allocated to the first preference--unmarried
sons and daughters of U.S. citizens. Fifty percent is
allocated to the second preference--spouses and unmarried
sons and daughters of lawful permanent residents, of which
seventy-seven percent of such visas will be allocated to
spouses and minor children of lawful permanent residents.
Ten percent is allocated to the third preference--married
sons and daughters of U.S. citizens. Thirty percent is
allocated to the fourth preference--brothers and sisters
of U.S. citizens.
Section 403 restructures visa number availability to
provide additional visas for unskilled workers (who are
limited to 5,000/year right now) and other categories where
visas have not kept up with demand. The 290,000 ceiling for
employment-based immigrant visas is redistributed among the
employment-based immigrant visa categories and certain
modifications are made to current categories. 15% is
allocated to the first preference--aliens with extraordinary
ability, outstanding professors and researchers, and
multinational executives and managers. 15% is allocated to
the second preference--aliens holding advanced degrees or
having exceptional ability. 35% is allocated to the third
preference--skilled workers and professionals. 5% is
allocated to a re-designated fourth preference--investors.
30% is allocated to a re-designated fifth preference--other
workers performing labor or services (previously included in
third preference).
Section 404. Relief for minor children
Section 404 amends the immediate relative category to allow
the children of spouses and parents of U.S. citizens to
obtain legal status and travel to the United States with
their families.
Section 405. Student visas
Section 405 extends foreign students' post-curricular
Optional Practical Training (and F-1 status) to 24 months. It
also creates a new ``F-4'' student visa for students pursuing
an advanced degree candidates studying in the fields of math,
engineering, technology or the physical sciences. The new
visa would allow eligible students to either to return to
their country of origin or remain in the United States for up
to one year and seek employment in their relevant field of
study. Once such a student received such an offer of
employment, the individual would be allowed to adjust status
to that of a legal permanent resident once the alien paid a
$1,000 fee and completed necessary security clearances.
Eighty percent of this fee would be deposited into a fund for
job training and scholarships for American workers, while
twenty percent of the fee would go toward fraud prevention.
Section 406. Visas for individuals with advanced degrees
Section 406 exempts from the numerical cap on employment-
based visas aliens with advanced degrees in science,
technology, engineering, or math, and has worked in a related
field in the U.S. during the 3 year period preceding their
application for adjustment of status. It also exempts
immediate relatives of aliens who are admitted as employment-
based immigrants from the numerical limitations of 203(b).
Finally, it increases the available visas numbers for H-1B
nonimmigrants and provides an exemption from the numerical
limitation aliens who

[[Page S2376]]

have earned advanced degrees in science, technology,
engineering, or math. The numerical limitation is also
supplemented with a flexible limitation that is set according
to demand for foreign high-skilled workers.
Section 407. Medical services in underserved areas
Section 407 permanently authorizes the current J-1 visa
waiver program. Under this program, participating states are
allocated 30 J-1 visa waivers, which enables them to waive
the 2 year home residency requirement for medical students
and physicians who serve in ``medically underserved
areas'' upon completion of their J-l program. The program
has been reauthorized twice before and is now set to
expire on June 1, 2006.

TITLE V--IMMIGRATION LITIGATION REDUCTION

Section 501. Consolidation of immigration appeals
Section 501 consolidates all INA civil and administrative
appeals into the United States Court of Appeals for the
Federal Circuit, and increases the number of authorized
judgeships in the Federal Circuit by three to 15. The
amendments made by this section shall apply to any final
agency order or District Court decision entered on or after
the date of enactment of this Act.
Section 502. Additional immigration personnel
Section 502 directs the Secretary of Homeland Security to
increase annually in FY 2007-2011 the number of investigative
personnel investigating immigration violations by not less
than 200 and the number of trial attorneys in the Office of
General Counsel working on immigration by not less than 100,
subject to the availability of appropriations. It also
directs the Attorney General to increase annually in FY 2007-
2011 the number of litigation attorneys in the Office of
Immigration Litigation by not less than 50, the number of
Assistant U.S. Attorneys who litigate immigration cases in
Federal courts by not less than 50, and the number of
immigration judges by not less than 50, subject to the
availability of appropriations. Finally, it authorizes
appropriations for additional Assistant Federal Public
Defenders who litigate Federal criminal immigration cases in
Federal court.
Section 503. Board of Immigration Appeals removal order
authority
Section 503 grants the Board of Immigration Appeals (Board)
authority to enter an order of removal without remanding to
the immigration judge. It also conforms certain terminology
to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) by inserting the term
``order of removal'', and the term ``immigration judge'' in
place of the term ``special inquiry officer,'' and expands
the situations in which orders of removal are deemed final.
Section 504. Judicial review of visa revocation
Section 504 provides that the decision to revoke a visa and
the removal order predicated on that revocation are not
reviewable. Review of a final order of removal, however, is
still permitted under 8 U.S.C. Sec. 1252(a)(2)(D) when
questions of statutory interpretation or alleged
constitutional infirmity arise.
Section 505. Reinstatement of removal orders
Section 505 clarifies that section 241(a)(5) of the INA (8
U.S.C. 1231(a)(5)) does not require further hearing by an
immigration judge in cases in which prior orders of removal
are reinstated against aliens who illegally reenter the
United States. This provision applies to orders of
deportation or exclusion issued in cases initiated before
April 1, 1997, and clarifies that the alien's ineligibility
for relief is not dependent on when the alien applied for
such relief. This section also provides that reinstatement
orders are not reviewable.
Section 506. Withholding of removal
Section 506 clarifies an alien's burden of proof with
respect to withholding of removal to make it consistent with
the standard established for asylum by section 101(a)(3) of
the REAL ID Act. Applicants for withholding, who have
traditionally borne a higher burden than applicants for
asylum, will bear the same burden of proof as applicants for
asylum.
Section 507. Certificate of reviewability
Section 507 establishes a screening process for aliens'
appeals of Board decisions under which appeals of removal
orders will be referred to a single judge on the Federal
Circuit Court of Appeals. If the alien establishes a prima
facie case that the petition for review should be granted,
the judge will issue a ``certificate of reviewability''
allowing the case to proceed to a three-judge panel;
otherwise it is dismissed.
Section 508. Discretionary decisions on motions to reopen or
reconsider
Section 508 revises the statutory provisions relating to
motions to reopen and motions to reconsider to state
expressly that the Attorney General's decision whether to
grant or deny such motions are committed to his discretion,
subject to existing statutory exceptions. This section adds a
special provision providing for reopening in order to
consider withholding of removal or protection under the
Convention Against Torture claims in one limited
circumstance. These amendments are applicable to all motions
to reopen or reconsider filed on or after the date of
enactment in any removal, deportation, or exclusion
proceeding.
Section 509. Prohibition of attorney fee awards for review of
final orders of removal
Section 509 abolishes EAJA fee awards in immigration cases
for aliens who are removable, except when the Attorney
General's or the Secretary's determination regarding
removability was not substantially justified.
Section 510. Board of Immigration Appeals
Section 510 directs the Attorney General to promulgate
regulations to require the Board of Immigration Appeals to
hear cases in 3 member panels (unless certain conditions are
met) and to permit the Board limited authority to issue
affirmances without opinion.

TITLE VI--MISCELLANEOUS

Section 601. Technical and conforming amendments

____________________