[Congressional Record Volume 152, Number 34 (Thursday, March 16, 2006)]
[Senate]
[Pages S2344-S2376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

                          ____________________