[Congressional Record Volume 152, Number 38 (Thursday, March 30, 2006)]
[Senate]
[Pages S2613-S2673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3191. Mr. FRIST (for himself and Mr. Reid) submitted an amendment 
intended to be proposed to amendment SA 3192 submitted by Mr. Specter 
(for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend 
the Immigration and Nationality Act to provide for comprehensive reform 
and for other purposes; as follows:

       At the appropriate place, insert the following:

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

       (a) Collection of Statistics.--The Commissioner of the 
     Bureau of Customs and Border Protection shall collect 
     statistics relating to deaths occurring at the border between 
     the United States and Mexico, including--
       (1) the causes of the deaths; and
       (2) the total number of deaths.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Commissioner of the Bureau of Customs and Border Protection 
     shall submit to the Secretary a report that--
       (1) analyzes trends with respect to the statistics 
     collected under subsection (a) during the preceding year; and
       (2) recommends actions to reduce the deaths described in 
     subsection (a).
                                 ______
                                 
  SA 3192. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Hagel) 
submitted an amendment intended to be proposed by him to the bill S. 
2454, to amend the Immigration and Nationality Act to provide for 
comprehensive reform and for other purposes; as follows:

       Strike all after the enacting clause, and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Immigration Reform Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

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

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

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
              American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.

             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure border initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between 
              ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, 
              entry, or clearance requirements.

                Subtitle D--Border Tunnel Prevention Act

Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.

                     TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, 
              removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration 
              fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United 
              States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of 
              firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, 
              naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended 
              by State and local law enforcement officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal 
              lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.

[[Page S2614]]

Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political 
              subdivisions and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime 
              Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of 
              facilities identified for closures as a result of the 
              Defense Base Closure Realignment Act of 1990.
Sec. 234. Determination of immigration status of individuals charged 
              with Federal offenses.

                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--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                  Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. Alien employment management system.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary guest worker visa program task force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L visa limitations.
Sec. 412. Authorization of appropriations.

               Subtitle B--Immigration Injunction Reform

Sec. 421. Short title.
Sec. 422. Appropriate remedies for immigration legislation.
Sec. 423. Effective date.

                       TITLE V--BACKLOG REDUCTION

Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.

     TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED 
                              INDIVIDUALS

              Subtitle A--Conditional Nonimmigrant Workers

Sec. 601. 218D conditional nonimmigrants.
Sec. 602. Adjustment of status for section 218D conditional 
              nonimmigrants.
Sec. 603. Aliens not subject to direct numerical limitations.
Sec. 604. Employer protections.
Sec. 605. Limitation on adjustment of status for aliens granted 
              conditional nonimmigrant work authorization.
Sec. 606. Authorization of appropriations.

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

Sec. 611. Short title.
Sec. 612. Definitions.

 CHAPTER 1--Pilot Program for Earned Status Adjustment of Agricultural 
                                Workers

Sec. 613. Agricultural workers.
Sec. 614. Correction of Social Security records.

                CHAPTER 2--Reform of H-2A Worker Program

Sec. 615. Amendment to the Immigration and Nationality Act.

                  CHAPTER 3--Miscellaneous Provisions

Sec. 616. Determination and use of user fees.
Sec. 617. Regulations.
Sec. 618. Report to Congress.
Sec. 619. Effective date.

                         Subtitle C--DREAM Act

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

       Subtitle D--Grant Programs to Assist Nonimmigrant Workers

Sec. 641. Grants to support public education and community training.
Sec. 642. Funding for the Office of Citizenship.
Sec. 643. Civics integration grant program.

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

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. SEVERABILITY.

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

     SEC. 101. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) Port of entry inspectors.--In each of the fiscal years 
     2007 through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase by not less than 500 
     the number of positions for full-time active duty port of 
     entry inspectors and provide appropriate training, equipment, 
     and support to such additional inspectors.
       (2) Investigative personnel.--
       (A) Immigration and customs enforcement investigators.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (B) Additional personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subparagraph 
     (A), during each of the fiscal years 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) 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 (1) of subsection (a).
       (2) Border patrol agents.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) 
     is amended to read as follows:

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

       ``(a) Annual Increases.--The Secretary of Homeland Security 
     shall, subject to the availability of appropriations for such 
     purpose, increase the number of positions for full-time 
     active-duty border patrol agents within the Department of 
     Homeland Security (above the number of such positions for 
     which funds were appropriated for the preceding fiscal year), 
     by--
       ``(1) 2,000 in fiscal year 2006;
       ``(2) 2,400 in fiscal year 2007;
       ``(3) 2,400 in fiscal year 2008;
       ``(4) 2,400 in fiscal year 2009;
       ``(5) 2,400 in fiscal year 2010; and
       ``(6) 2,400 in fiscal year 2011;
       ``(b) Northern Border.--In each of the fiscal years 2006 
     through 2011, in addition to the border patrol agents 
     assigned along the northern border of the United States 
     during the previous fiscal year, the Secretary shall assign a 
     number of border patrol agents equal to not less than 20 
     percent of the net increase in border patrol agents during 
     each such fiscal year.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2007 through 2011 to carry out this 
     section.''.

     SEC. 102. TECHNOLOGICAL ASSETS.

       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall procure additional 
     unmanned aerial vehicles, cameras, poles, sensors, and other 
     technologies necessary to achieve operational control of the 
     international borders of the United States and to establish a 
     security perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration.
       (b) Increased Availability of Equipment.--The Secretary and 
     the Secretary of Defense shall develop and implement a plan 
     to use authorities provided to the Secretary of Defense under 
     chapter 18 of title 10, United States Code, to increase the 
     availability and use of Department of Defense equipment, 
     including unmanned aerial vehicles, tethered aerostat radars, 
     and other surveillance equipment, to assist the Secretary in 
     carrying out surveillance activities conducted at or near the 
     international land borders of the United States to prevent 
     illegal immigration.
       (c) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Defense shall submit to Congress a report that contains--

[[Page S2615]]

       (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 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-layered fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector.
       (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, narcotics, and other 
     contraband into the United States; and
       (B) to protect critical infrastructure at or near such 
     ports of entry or borders.
       (4) An assessment of the legal requirements that prevent 
     achieving and maintaining operational control over the entire 
     international land and maritime borders of the United States.
       (5) An assessment of the most appropriate, practical, and 
     cost-effective means of defending the international land and 
     maritime borders of the United States against threats to 
     security and illegal transit, including intelligence 
     capacities, technology, equipment, personnel, and training 
     needed to address security vulnerabilities.
       (6) An assessment of staffing needs for all border security 
     functions, taking into account threat and vulnerability 
     information pertaining to the borders and the impact of new 
     security programs, policies, and technologies.
       (7) A description of the border security roles and missions 
     of Federal, State, regional, local, and tribal authorities, 
     and recommendations regarding actions the Secretary can carry 
     out to improve coordination with such authorities to enable 
     border security and enforcement activities to be carried out 
     in a more efficient and effective manner.
       (8) An assessment of existing efforts and technologies used 
     for border security and the effect of the use of such efforts 
     and technologies on civil rights, personal property rights, 
     privacy rights, and civil liberties, including an assessment 
     of efforts to take into account asylum seekers, trafficking 
     victims, unaccompanied minor aliens, and other vulnerable 
     populations.
       (9) A prioritized list of research and development 
     objectives to enhance the security of the international land 
     and maritime borders of the United States.
       (10) A description of ways to ensure that the free flow of 
     travel and commerce is not diminished by efforts, activities, 
     and programs aimed at securing the international land and 
     maritime borders of the United States.
       (11) An assessment of additional detention facilities and 
     beds that are needed to detain unlawful aliens apprehended at 
     United States ports of entry or along the international land 
     borders of the United States.
       (12) A description of the performance metrics to be used to 
     ensure accountability by the bureaus of the Department in 
     implementing such Strategy.
       (13) A schedule for the implementation of the security 
     measures described in such Strategy, including a 
     prioritization of security measures, realistic deadlines for 
     addressing the security and enforcement needs, an estimate of 
     the resources needed to carry out such measures, and a 
     description of how such resources should be allocated.
       (c) Consultation.--In developing the National Strategy for 
     Border Security, the Secretary shall consult with 
     representatives of--
       (1) State, local, and tribal authorities with 
     responsibility for locations along the international land and 
     maritime borders of the United States; and
       (2) appropriate private sector entities, nongovernmental 
     organizations, and affected

[[Page S2616]]

     communities that have expertise in areas related to border 
     security.
       (d) Coordination.--The National Strategy for Border 
     Security shall be consistent with the National Strategy for 
     Maritime Security developed pursuant to Homeland Security 
     Presidential Directive 13, dated December 21, 2004.
       (e) Submission to Congress.--
       (1) Strategy.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     the National Strategy for Border Security.
       (2) Updates.--The Secretary shall submit to Congress any 
     update of such Strategy that the Secretary determines is 
     necessary, not later than 30 days after such update is 
     developed.
       (f) Immediate Action.--Nothing in this section or section 
     111 may be construed to relieve the Secretary of the 
     responsibility to take all actions necessary and appropriate 
     to achieve and maintain operational control over the entire 
     international land and maritime borders of the United States.

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

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

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

       (a) Technical Assistance.--The Secretary of State, in 
     coordination with the Secretary, shall work to cooperate with 
     the head of Foreign Affairs Canada and the appropriate 
     officials of the Government of Mexico to establish a 
     program--
       (1) to assess the specific needs of Guatemala and Belize in 
     maintaining the security of the international borders of such 
     countries;
       (2) to use the assessment made under paragraph (1) to 
     determine the financial and technical support needed by 
     Guatemala and Belize from Canada, Mexico, and the United 
     States to meet such needs;
       (3) to provide technical assistance to Guatemala and Belize 
     to promote issuance of secure passports and travel documents 
     by such countries; and
       (4) to encourage Guatemala and Belize--
       (A) to control alien smuggling and trafficking;
       (B) to prevent the use and manufacture of fraudulent travel 
     documents; and
       (C) to share relevant information with Mexico, Canada, and 
     the United States.
       (b) Border Security for Belize, Guatemala, and Mexico.--The 
     Secretary, in consultation with the Secretary of State, shall 
     work to cooperate--
       (1) with the appropriate officials of the Government of 
     Guatemala and the Government of Belize to provide law 
     enforcement assistance to Guatemala and Belize that 
     specifically addresses immigration issues to increase the 
     ability of the Government of Guatemala to dismantle human 
     smuggling organizations and gain additional control over the 
     international border between Guatemala and Belize; and
       (2) with the appropriate officials of the Government of 
     Belize, the Government of Guatemala, the Government of 
     Mexico, and the governments of neighboring contiguous 
     countries to establish a program to provide needed equipment, 
     technical assistance, and vehicles to manage, regulate, and 
     patrol the international borders between Mexico and Guatemala 
     and between Mexico and Belize.
       (c) Tracking Central American Gangs.--The Secretary of 
     State, in coordination with the Secretary and the Director of 
     the Federal Bureau of Investigation, shall work to cooperate 
     with the appropriate officials of the Government of Mexico, 
     the Government of Guatemala, the Government of Belize, and 
     the governments of other Central American countries--

[[Page S2617]]

       (1) to assess the direct and indirect impact on the United 
     States and Central America of deporting violent criminal 
     aliens;
       (2) to establish a program and database to track 
     individuals involved in Central American gang activities;
       (3) to develop a mechanism that is acceptable to the 
     governments of Belize, Guatemala, Mexico, the United States, 
     and other appropriate countries to notify such a government 
     if an individual suspected of gang activity will be deported 
     to that country prior to the deportation and to provide 
     support for the reintegration of such deportees into that 
     country; and
       (4) to develop an agreement to share all relevant 
     information related to individuals connected with Central 
     American gangs.
       (d) Limitations on Assistance.--Any funds made available to 
     carry out this section shall be subject to the limitations 
     contained in section 551 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act of 2006 
     (Public Law 109-102; 119 Stat. 2218).

     SEC. 115. COMBATING HUMAN SMUGGLING.

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

             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--
       (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

[[Page S2618]]

       (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;
       (8) an assessment of the effect of such a system on Indian 
     reservations and units of the National Park System; and
       (9) an assessment of the necessity of constructing such a 
     system after the implementation of provisions of this Act 
     relating to guest workers, visa reform, and interior and 
     worksite enforcement, and the likely effect of such 
     provisions on undocumented immigration and the flow of 
     illegal immigrants across the international border of the 
     United States;
       (10) an assessment of the impact of such a system on 
     diplomatic relations between the United States and Mexico, 
     Central America, and South America, including the likely 
     impact of such a system on existing and potential areas of 
     bilateral and multilateral cooperative enforcement efforts;
       (11) an assessment of the impact of such a system on the 
     quality of life within border communities in the United 
     States and Mexico, including its impact on noise and light 
     pollution, housing, transportation, security, and 
     environmental health;
       (12) an assessment of the likelihood that such a system 
     would lead to increased violations of the human rights, 
     health, safety, or civil rights of individuals in the region 
     near the southern international border of the United States, 
     regardless of the immigration status of such individuals;
       (13) an assessment of the effect such a system would have 
     on violence near the southern international border of the 
     United States; and
       (14) an assessment of the effect of such a system on the 
     vulnerability of the United States to infiltration by 
     terrorists or other agents intending to inflict direct harm 
     on the United States.
       (b) Report.--Not later than 9 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study described in subsection (a).

     SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

       (a) In General.--The Inspector General of the Department 
     shall review each contract action relating to the Secure 
     Border Initiative having a value of more than $20,000,000, to 
     determine whether each such action fully complies with 
     applicable cost requirements, performance objectives, program 
     milestones, inclusion of small, minority, and women-owned 
     business, and time lines. The Inspector General shall 
     complete a review under this subsection with respect to each 
     contract action--
       (1) not later than 60 days after the date of the initiation 
     of the action; and
       (2) upon the conclusion of the performance of the contract.
       (b) Inspector General.--
       (1) Action.--If the Inspector General becomes aware of any 
     improper conduct or wrongdoing in the course of conducting a 
     contract review under subsection (a), the Inspector General 
     shall, as expeditiously as practicable, refer information 
     relating to such improper conduct or wrongdoing to the 
     Secretary, or to another appropriate official of the 
     Department, who shall determine whether to temporarily 
     suspend the contractor from further participation in the 
     Secure Border Initiative.
       (2) Report.--Upon the completion of each review described 
     in subsection (a), the Inspector General shall submit to the 
     Secretary a report containing the findings of the review, 
     including findings regarding--
       (A) cost overruns;
       (B) significant delays in contract execution;
       (C) lack of rigorous departmental contract management;
       (D) insufficient departmental financial oversight;
       (E) bundling that limits the ability of small businesses to 
     compete; or
       (F) other high risk business practices.
       (c) Reports by the Secretary.--
       (1) In general.--Not later than 30 days after the receipt 
     of each report required under subsection (b)(2), the 
     Secretary shall submit a report, to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives, that describes--
       (A) the findings of the report received from the Inspector 
     General; and
       (B) the steps the Secretary has taken, or plans to take, to 
     address the problems identified in such report.
       (2) Contracts with foreign companies.--Not later than 60 
     days after the initiation of each contract action with a 
     company whose headquarters is not based in the United States, 
     the Secretary shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives, regarding the Secure Border 
     Initiative.
       (d) Reports on United States Ports.--Not later 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.

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

       (a) In General.--Beginning on October 1, 2007, an alien 
     (other than a national of Mexico) who is attempting to 
     illegally enter the

[[Page S2619]]

     United States and who is apprehended at a United States port 
     of entry or along the international land and maritime border 
     of the United States shall be detained until removed or a 
     final decision granting admission has been determined, unless 
     the alien--
       (1) is permitted to withdraw an application for admission 
     under section 235(a)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(a)(4)) and immediately departs from the 
     United States pursuant to such section; or
       (2) is paroled into the United States by the Secretary for 
     urgent humanitarian reasons or significant public benefit in 
     accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
     1182(d)(5)(A)).
       (b) Requirements During Interim Period.--Beginning 60 days 
     after the date of the enactment of this Act and before 
     October 1, 2007, an alien described in subsection (a) may be 
     released with a notice to appear only if--
       (1) the Secretary determines, after conducting all 
     appropriate background and security checks on the alien, that 
     the alien does not pose a national security risk; and
       (2) the alien provides a bond of not less than $5,000.
       (c) Rules of Construction.--
       (1) Asylum and removal.--Nothing in this section shall be 
     construed as limiting the right of an alien to apply for 
     asylum or for relief or deferral of removal based on a fear 
     of persecution.
       (2) Treatment of certain aliens.--The mandatory detention 
     requirement in subsection (a) does not apply to any alien who 
     is a native or citizen of a country in the Western Hemisphere 
     with whose government the United States does not have full 
     diplomatic relations.
       (3) Discretion.--Nothing in this section shall be construed 
     as limiting the authority of the Secretary, in the 
     Secretary's sole unreviewable discretion, to determine 
     whether an alien described in clause (ii) of section 
     235(b)(1)(B) of the Immigration and Nationality Act shall be 
     detained or released after a finding of a credible fear of 
     persecution (as defined in clause (v) of such section).

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

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 554. Evasion of inspection or during violation of 
       arrival, reporting, entry, or clearance requirements

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

``554. Evasion of inspection or during violation of arrival, reporting, 
              entry, or clearance requirements.''.

       (c) Failure to Obey Border Enforcement Officers.--Section 
     111 of title 18, United States Code, is amended by inserting 
     after subsection (b) the following:
       ``(c) Failure to Obey Lawful Orders of Border Enforcement 
     Officers.--Whoever willfully disregards or disobeys the 
     lawful authority or commend of any officer or employee of the 
     United States charged with enforcing the immigration, 
     customs, or other laws of the United States while engaged in, 
     or on account of, the performance of official duties shall be 
     fined under this title or imprisoned for not more than 5 
     years, or both.''.

                Subtitle D--Border Tunnel Prevention Act

     SEC. 141. SHORT TITLE.

       This subtitle may be cited as the ``Border Tunnel 
     Prevention Act''.

     SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 554. Border tunnels and passages

       ``(a) Any person who knowingly constructs or finances the 
     construction of a tunnel or subterranean passage that crosses 
     the international border between the United States and 
     another country, other than a lawfully authorized tunnel or 
     passage known to the Secretary of Homeland Security and 
     subject to inspection by the Bureau of Immigration and 
     Customs Enforcement, shall be fined under this title and 
     imprisoned for not more than 20 years.
       ``(b) Any person who knows or recklessly disregards the 
     construction or use of a tunnel or passage described in 
     subsection (a) on land that the person owns or controls shall 
     be fined under this title and imprisoned for not more than 10 
     years.
       ``(c) Any person who uses a tunnel or passage described in 
     subsection (a) to unlawfully smuggle an alien, goods (in 
     violation of section 545), controlled substances, weapons of 
     mass destruction (including biological weapons), or a member 
     of a terrorist organization (as defined in section 
     212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term 
     of imprisonment that is twice the maximum term of 
     imprisonment that would have otherwise been applicable had 
     the unlawful activity not made use of such a tunnel or 
     passage.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by adding at 
     the end the following:

``Sec. 554. Border tunnels and passages.''.

       (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by inserting ``554,'' before 
     ``1425,''.

     SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission shall 
     promulgate or amend sentencing guidelines to provide for 
     increased penalties for persons convicted of offenses 
     described in section 554 of title 18, United States Code, as 
     added by section 132.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that the sentencing guidelines, policy 
     statements, and official commentary reflect the serious 
     nature of the offenses described in section 554 of title 18, 
     United States Code, and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (2) provide adequate base offense levels for offenses under 
     such section;
       (3) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (A) the use of a tunnel or passage described in subsection 
     (a) of such section to facilitate other felonies; and
       (B) the circumstances for which the sentencing guidelines 
     currently provide applicable sentencing enhancements;
       (4) ensure reasonable consistency with other relevant 
     directives, other sentencing guidelines, and statutes;
       (5) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (6) ensure that the sentencing guidelines adequately meet 
     the purposes of sentencing set forth in section 3553(a)(2) of 
     title 18, United States Code.

                     TITLE II--INTERIOR ENFORCEMENT

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

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

[[Page S2620]]

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

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

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

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

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

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

       ``(I) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(II) after receipt of a written recommendation from the 
     Secretary of State, that the release of the alien would 
     likely have serious adverse foreign policy consequences for 
     the United States;
       ``(III) based on information available to the Secretary 
     (including classified, sensitive, or national security 
     information, and regardless of the grounds upon which the 
     alien was ordered removed), that there is reason to believe 
     that the release of the alien would threaten the national 
     security of the United States;
       ``(IV) that--

       ``(aa) the release of the alien would threaten the safety 
     of the community or any person, and conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person; and
       ``(bb) the alien--

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

       ``(aa) the release of the alien would threaten the safety 
     of the community or any person, notwithstanding conditions of 
     release designed to ensure the safety of the community or any 
     person; and
       ``(bb) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)) for which the 
     alien was sentenced to an aggregate term of imprisonment of 
     not less than 1 year.
       ``(F) Administrative review process.--The Secretary, 
     without any limitations other than those specified in this 
     section, may detain an alien pending a determination under 
     subparagraph (E)(ii), if the Secretary has initiated the 
     administrative review process identified in subparagraph (A) 
     not later than 30 days after the expiration of the removal 
     period (including any extension of the removal period under 
     paragraph (1)(C)).
       ``(G) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary may renew a certification 
     under subparagraph (E)(ii) every 6 months, without 
     limitation, after providing the alien with an opportunity to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew such certification, the 
     Secretary shall release the alien, pursuant to subparagraph 
     (H).
       ``(ii) Delegation.--Notwithstanding any other provision of 
     law, the Secretary may not delegate the authority to make or 
     renew a certification described in subclause (II), (III), or 
     (V) of subparagraph (E)(ii) to any

[[Page S2621]]

     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.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 
     U.S.C. 1101(a)(43)) is amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law 
     (except for the provision providing an effective date for 
     section 203 of the Comprehensive Reform Act of 2006), the 
     term `aggravated felony' applies to an offense described in 
     this paragraph, whether in violation of Federal or State law 
     and to such an offense in violation of the law of a foreign 
     country, for which the term of imprisonment was completed 
     within the previous 15 years, even if the length of the term 
     of imprisonment is based on recidivist or other enhancements 
     and regardless of whether the conviction was entered before, 
     on, or after September 30, 1996, and means--'';
       (2) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``murder, rape, or 
     sexual abuse of a minor, whether or not the minority of the 
     victim is established by evidence contained in the record of 
     conviction or by evidence extrinsic to the record of 
     conviction;'';
       (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
     (2) of'';
       (4) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (5) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``aiding or abetting an offense described in 
     this paragraph, or soliciting, counseling, procuring, 
     commanding, or inducing another, attempting, or conspiring to 
     commit such an offense''; and
       (6) by striking the undesignated matter following 
     subparagraph (U).
       (b) Effective Date and Application.--
       (1) In general.--The amendments made by subsection (a) 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply to any act that occurred on or after the date of 
     the enactment of this Act.
       (2) Application of iiraira amendments.--The amendments to 
     section 101(a)(43) of the Immigration and Nationality Act 
     made by section 321 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 110 Stat. 3009-627) shall continue to apply, 
     whether the conviction was entered before, on, or after 
     September 30, 1996.

     SEC. 204. TERRORIST BARS.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or 
     Attorney General based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting the following: ``, 
     regardless of whether the crime was defined as an aggravated 
     felony under subsection (a)(43) at the time of the 
     conviction, unless--
       ``(A) the person completed the term of imprisonment and 
     sentence not later than 10 years before the date of 
     application; and
       ``(B) the Secretary of Homeland Security or the Attorney 
     General waives the application of this paragraph; or''; and
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not of good moral character'' and inserting the 
     following: ``a discretionary finding for other reasons that 
     such a person is or was not of good moral character. In 
     determining an applicant's moral character, the Secretary of 
     Homeland Security and the Attorney General may take into 
     consideration the applicant's conduct and acts at any time 
     and are not limited to the period during which good moral 
     character is required.''.
       (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) 
     is amended by adding at the end the following: ``A petition 
     may not be approved under this section if there is any 
     administrative or judicial proceeding (whether civil or 
     criminal) pending against the petitioner that could directly 
     or indirectly result in the petitioner's denaturalization or 
     the loss of the petitioner's lawful permanent resident 
     status.''.
       (c) Conditional Permanent Resident Status.--
       (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is 
     amended by inserting ``if the alien has had the conditional 
     basis removed pursuant to this section'' before the period at 
     the end.
       (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 
     1186b(e)) is amended by inserting ``if the alien has had the 
     conditional basis removed pursuant to this section'' before 
     the period at the end.
       (d) Judicial Review of Naturalization Applications.--
     Section 310(c) (8 U.S.C. 1421(c)) is amended--
       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``Except that in 
     any proceeding, other than a proceeding under section 340, 
     the court shall review for substantial evidence the 
     administrative record and findings of the Secretary of 
     Homeland Security regarding whether an

[[Page S2622]]

     alien is a person of good moral character, understands and is 
     attached to the principles of the Constitution of the United 
     States, or is well disposed to the good order and happiness 
     of the United States. The petitioner shall have the burden of 
     showing that the Secretary's denial of the application was 
     contrary to law.''.
       (e) Persons Endangering National Security.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (f) Concurrent Naturalization and Removal Proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``the 
     Attorney General if'' and all that follows and inserting: 
     ``the Secretary of Homeland Security or any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine the applicant's inadmissibility or 
     deportability, or to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced. The findings of the 
     Attorney General in terminating removal proceedings or 
     canceling the removal of an alien under this Act shall not be 
     deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established eligibility for naturalization in accordance 
     with this title.''.
       (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. The Secretary shall notify the applicant when 
     such examinations and interviews have been completed. Such 
     district court shall only have jurisdiction to review the 
     basis for delay and remand the matter, with appropriate 
     instructions, to the Secretary for the Secretary's 
     determination on the application.''.
       (h) Effective Date.--The amendments made by this section--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to any act that occurred on or after such 
     date of enactment.

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

       (a) Criminal Street Gangs.--
       (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended--
       (A) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (B) by inserting after subparagraph (E) the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who a 
     consular officer, the Attorney General, or the Secretary of 
     Homeland Security knows or has reason to believe--
       ``(i) is, or has been, a member of a criminal street gang 
     (as defined in section 521(a) of title 18, United States 
     Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,

     is inadmissible.''.
       (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who the 
     Secretary of Homeland Security or the Attorney General knows 
     or has reason to believe--
       ``(i) is, or at any time after admission has been, a member 
     of a criminal street gang (as defined in section 521(a) of 
     title 18, United States Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,

     is deportable.''.
       (3) Temporary protected status.--Section 244 (8 U.S.C. 
     1254a) is amended--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (B) in subsection (b)(3)--
       (i) in subparagraph (B), by striking the last sentence and 
     inserting the following: ``Notwithstanding any other 
     provision of this section, the Secretary of Homeland Security 
     may, for any reason (including national security), terminate 
     or modify any designation under this section. Such 
     termination or modification is effective upon publication in 
     the Federal Register, or after such time as the Secretary may 
     designate in the Federal Register.'';
       (ii) in subparagraph (C), by striking ``a period of 12 or 
     18 months'' and inserting ``any other period not to exceed 18 
     months'';
       (C) in subsection (c)--
       (i) in paragraph (1)(B), by striking ``The amount of any 
     such fee shall not exceed $50.'';
       (ii) in paragraph (2)(B)--

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

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed

[[Page S2623]]

     for commercial advantage, profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--
       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual or organization, not previously 
     convicted of a violation of this section, to provide an alien 
     who is present in the United States with humanitarian 
     assistance, including medical care, housing, counseling, 
     victim services, and food, or to transport the alien to a 
     location where such assistance can be rendered.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are aliens described in 
     paragraph (2), shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.
       ``(2) Definition.--An alien described in this paragraph is 
     an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(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.

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

     ``SEC. 275. ILLEGAL ENTRY.

       ``(a) In General.--
       ``(1) Criminal offenses.--An alien shall be subject to the 
     penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly enters or crosses the border into the 
     United States at any time or place other than as designated 
     by the Secretary of Homeland Security;

[[Page S2624]]

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

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

     SEC. 207. ILLEGAL REENTRY.

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

     ``SEC. 276. REENTRY OF REMOVED 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 befined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, imprisoned not more than 
     10 years, or both;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, imprisoned not more than 15 years, or 
     both;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be fined under such title, 
     imprisoned not more than 20 years, or both; or
       ``(5) was convicted, before such removal or departure, for 
     murder, rape, kidnaping, or a felony offense described in 
     chapter 77 (relating to peonage and slavery) or 113B 
     (relating to terrorism) of such title, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described in that subsection, and the penalties in that 
     subsection shall apply only in cases in which the conviction 
     or convictions that form the basis for the additional penalty 
     are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or
       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     the Immigration and Nationality Act or any prior Act; and
       ``(B) had complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of any prior removal order 
     concerning the alien unless the alien demonstrates by clear 
     and convincing evidence that--
       ``(1) the alien exhausted all administrative remedies that 
     may have been available to seek relief against the order;
       ``(2) the removal proceedings at which the order was issued 
     improperly deprived the alien of the opportunity for judicial 
     review; and
       ``(3) the entry of the order was fundamentally unfair.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(h) Limitation.--It is not aiding and abetting a 
     violation of this section for an individual to provide an 
     alien with emergency humanitarian assistance, including 
     emergency medical care and food, or to transport the alien to 
     a location where such assistance can be rendered without 
     compensation or the expectation of compensation.
       ``(i) Definitions.--In this section:
       ``(1) Crosses the border.--The term `crosses the border' 
     applies if an alien acts voluntarily, regardless of whether 
     the alien was under observation at the time of the crossing.
       ``(2) Felony.--Term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(5) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

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

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

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

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

[[Page S2625]]

``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

     ``Sec. 1541. Trafficking in passports

       ``(a) Multiple Passports.--Any person who, during any 3-
     year period, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more passports;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more passports;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes 10 or more passports, knowing the passports to be 
     forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more applications for a United States passport 
     (including any supporting documentation), knowing the 
     applications to contain any false statement or 
     representation,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Passport Materials.--Any person who knowingly and 
     without lawful authority produces, counterfeits, secures, 
     possesses, or uses any official paper, seal, hologram, image, 
     text, symbol, stamp, engraving, plate, or other material used 
     to make a passport shall be fined under this title, 
     imprisoned not more than 20 years, or both.

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

       ``Any person who knowingly--
       ``(1) makes any false statement or representation in an 
     application for a United States passport (including any 
     supporting documentation);
       ``(2) completes, mails, prepares, presents, signs, or 
     submits an application for a United States passport 
     (including any supporting documentation) knowing the 
     application to contain any false statement or representation; 
     or
       ``(3) causes or attempts to cause the production of a 
     passport by means of any fraud or false application for a 
     United States passport (including any supporting 
     documentation), if such production occurs or would occur at a 
     facility authorized by the Secretary of State for the 
     production of passports,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.

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

       ``(a) Forgery.--Any person who--
       ``(1) knowingly forges, counterfeits, alters, or falsely 
     makes any passport; or
       ``(2) knowingly transfers any passport knowing it to be 
     forged, counterfeited, altered, falsely made, stolen, or to 
     have been produced or issued without lawful authority,

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

     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1544. Misuse of a passport

       ``(a) In General.--Any person who--
       ``(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

[[Page S2626]]

     domestic terrorism (as those terms are defined in section 
     2331); or
       ``(2) with the intent to facilitate an act of international 
     terrorism or domestic terrorism,

     shall be fined under this title, imprisoned not more than 25 
     years, or both.
       ``(b) Offense Against Government.--Any person who violates 
     any section of this chapter--
       ``(1) knowing that such violation will facilitate the 
     commission of any offense against the United States (other 
     than an offense in this chapter) or against any State, which 
     offense is punishable by imprisonment for more than 1 year; 
     or
       ``(2) with the intent to facilitate the commission of any 
     offense against the United States (other than an offense in 
     this chapter) or against any State, which offense is 
     punishable by imprisonment for more than 1 year,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.

     ``Sec. 1550. Seizure and forfeiture

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

     ``Sec. 1551. Additional jurisdiction

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

     ``Sec. 1552. Additional venue

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

     ``Sec. 1553. Definitions

       ``As used in this chapter:
       ``(1) The term `falsely make' means to prepare or complete 
     an immigration document with knowledge or in reckless 
     disregard of the fact that the document--
       ``(A) contains a statement or representation that is false, 
     fictitious, or fraudulent;
       ``(B) has no basis in fact or law; or
       ``(C) otherwise fails to state a fact which is material to 
     the purpose for which the document was created, designed, or 
     submitted.
       ``(2) The term a `false statement or representation' 
     includes a personation or an omission.
       ``(3) The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(4) The term `immigration document'--
       ``(A) means--
       ``(i) any passport or visa; or
       ``(ii) any application, petition, affidavit, declaration, 
     attestation, form, identification card, alien registration 
     document, employment authorization document, border crossing 
     card, certificate, permit, order, license, stamp, 
     authorization, grant of authority, or other evidentiary 
     document, arising under or authorized by the immigration laws 
     of the United States; and
       ``(B) includes any document, photograph, or other piece of 
     evidence attached to or submitted in support of an 
     immigration document.
       ``(5) The term `immigration laws' includes--
       ``(A) the laws described in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
       ``(B) the laws relating to the issuance and use of 
     passports; and
       ``(C) the regulations prescribed under the authority of any 
     law described in 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).

     ``Sec. 1555. Exception for refugees, asylees, and other 
       vulnerable persons

       ``(a) In General.--If a person believed to have violated 
     section 1542, 1544, 1546, or 1548 while attempting to enter 
     the United States, without delay, indicates an intention to 
     apply for asylum under section 208 or 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or 
     for relief under the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment (in 
     accordance with section 208.17 of title 8, Code of Federal 
     Regulations), or under section 101(a)(15)(T), 101(a)(15)(U), 
     101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 
     244(a)(3) (as in effect prior to March 31, 1997) of such Act, 
     or a credible fear of persecution or torture--
       ``(1) the person shall be referred to an appropriate 
     Federal immigration official to review such claim and make a 
     determination if such claim is warranted;
       ``(2) if the Federal immigration official determines that 
     the person qualifies for the claimed relief, the person shall 
     not be considered to have violated any such section; and
       ``(3) if the Federal immigration official determines that 
     the person does not qualify for the claimed relief, the 
     person shall be referred to an appropriate Federal official 
     for prosecution under this chapter.
       ``(b) Savings Provision.--Nothing in this section shall be 
     construed to diminish, increase, or alter the obligations of 
     refugees or the United States under article 31(1) of the 
     Convention Relating to the Status of Refugees, done at Geneva 
     July 28, 1951 (as made applicable by the Protocol Relating to 
     the Status of Refugees, done at New York January 31, 1967 (19 
     UST 6223)).''.
       (2) Clerical amendment.--The table of chapters in title 18, 
     United States Code, is amended by striking the item relating 
     to chapter 75 and inserting the following:

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

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

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

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

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

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

[[Page S2627]]

     of the enactment of this Act, with respect to conduct 
     occurring on or after that date.

     SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

[[Page S2628]]

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

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

       Section 922 of title 18, United States Code, is amended--
       (1) in subsection (d)(5)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking ``(y)(2)'' and all 
     that follows and inserting ``(y), is in a nonimmigrant 
     classification; or''; and
       (C) by adding at the end the following:
       ``(C) has been paroled into the United States under section 
     212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(5));''; 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. CONSTRUCTION.

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

[[Page S2629]]

     ``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction.''.

     SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursement for Costs Associated With Processing 
     Criminal Illegal Aliens.--The Secretary shall reimburse 
     States and units of local government for costs associated 
     with processing undocumented criminal aliens through the 
     criminal justice system, including--
       (1) indigent defense;
       (2) criminal prosecution;
       (3) autopsies;
       (4) translators and interpreters; and
       (5) courts costs.
       (b) Authorization of Appropriations.--
       (1) Processing criminal illegal aliens.--There are 
     authorized to be appropriated $400,000,000 for each of the 
     fiscal years 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
       ``(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 shall provide sufficient 
     transportation and officers to take illegal aliens 
     apprehended by State and local law enforcement officers into 
     custody for processing at a detention facility operated by 
     the Department.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2007 through 2011 to carry out this section.

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

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

     SEC. 221. ALTERNATIVES TO DETENTION.

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

     SEC. 222. CONFORMING AMENDMENT.

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

     SEC. 223. REPORTING REQUIREMENTS.

       (a) Clarifying Address Reporting Requirements.--Section 265 
     (8 U.S.C. 1305) is amended--
       (1) in subsection (a)--
       (A) by striking ``notify the Attorney General in writing'' 
     and inserting ``submit written or electronic notification to 
     the Secretary of Homeland Security, in a manner approved by 
     the Secretary,'';
       (B) by striking ``the Attorney General may require by 
     regulation'' and inserting ``the Secretary may require''; and
       (C) by adding at the end the following: ``If the alien is 
     involved in proceedings before an immigration judge or in an 
     administrative appeal of such proceedings, the alien shall 
     submit to the Attorney General the alien's current address 
     and a telephone number, if any, at which the alien may be 
     contacted.'';
       (2) in subsection (b), by striking ``Attorney General'' 
     each place such term appears and inserting ``Secretary'';
       (3) in subsection (c), by striking ``given to such parent'' 
     and inserting ``given by such parent''; and
       (4) by adding at the end the following:
       ``(d) Address to Be Provided.--
       ``(1) In general.--Except as otherwise provided by the 
     Secretary under paragraph (2), an address provided by an 
     alien under this section shall be the alien's current 
     residential mailing address, and shall not be a post office 
     box or other non-residential mailing address or the address 
     of an attorney, representative, labor organization, or 
     employer.
       ``(2) Specific requirements.--The Secretary may provide 
     specific requirements with respect to--
       ``(A) designated classes of aliens and special 
     circumstances, including aliens who are employed at a remote 
     location; and
       ``(B) the reporting of address information by aliens who 
     are incarcerated in a Federal, State, or local correctional 
     facility.
       ``(3) Detention.--An alien who is being detained by the 
     Secretary under this Act is not required to report the 
     alien's current address under this section during the time 
     the alien remains in detention, but shall be required to 
     notify the Secretary of the alien's address under this 
     section at the time of the alien's release from detention.
       ``(e) Use of Most Recent Address Provided by the Alien.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary may provide for the appropriate 
     coordination and cross referencing of address information 
     provided by an alien under this section with other 
     information relating to the alien's address under other 
     Federal programs, including--
       ``(A) any information pertaining to the alien, which is 
     submitted in any application, petition, or motion filed under 
     this Act with the Secretary of Homeland Security, the 
     Secretary of State, or the Secretary of Labor;
       ``(B) any information available to the Attorney General 
     with respect to an alien in a proceeding before an 
     immigration judge or an administrative appeal or judicial 
     review of such proceeding;
       ``(C) any information collected with respect to 
     nonimmigrant foreign students or exchange program 
     participants under section 641 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1372); and
       ``(D) any information collected from State or local 
     correctional agencies pursuant to the State Criminal Alien 
     Assistance Program.
       ``(2) Reliance.--The Secretary may rely on the most recent 
     address provided by the alien under this section or section 
     264 to send to the alien any notice, form, document, or other 
     matter pertaining to Federal immigration laws, including 
     service of a notice to appear. The Attorney General and the 
     Secretary may rely on the most recent address provided by the 
     alien under section 239(a)(1)(F) to contact the alien about 
     pending removal proceedings.
       ``(3) Obligation.--The alien's provision of an address for 
     any other purpose under the Federal immigration laws does not 
     excuse the alien's obligation to submit timely notice of the 
     alien's address to the Secretary under this section (or to 
     the Attorney General under section 239(a)(1)(F) with respect 
     to an alien in a proceeding before an immigration judge or an 
     administrative appeal of such proceeding).''.

[[Page S2630]]

       (b) Conforming Changes With Respect to Registration 
     Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.) 
     is amended--
       (1) in section 262(c), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'';
       (2) in section 263(a), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''; and
       (3) in section 264--
       (A) in subsections (a), (b), (c), and (d), by striking 
     ``Attorney General'' each place it appears and inserting 
     ``Secretary of Homeland Security''; and
       (B) in subsection (f)--
       (i) by striking ``Attorney General is authorized'' and 
     inserting ``Secretary of Homeland Security and Attorney 
     General are authorized''; and
       (ii) by striking ``Attorney General or the Service'' and 
     inserting ``Secretary or the Attorney General''.
       (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Failure to Provide Notice of Alien's Current 
     Address.--
       ``(1) Criminal penalties.--Any alien or any parent or legal 
     guardian in the United States of any minor alien who fails to 
     notify the Secretary of Homeland Security of the alien's 
     current address in accordance with section 265 shall be fined 
     under title 18, United States Code, imprisoned for not more 
     than 6 months, or both.
       ``(2) Effect on immigration status.--Any alien who violates 
     section 265 (regardless of whether the alien is punished 
     under paragraph (1)) and does not establish to the 
     satisfaction of the Secretary that such failure was 
     reasonably excusable or was not willful shall be taken into 
     custody in connection with removal of the alien. If the alien 
     has not been inspected or admitted, or if the alien has 
     failed on more than 1 occasion to submit notice of the 
     alien's current address as required under section 265, the 
     alien may be presumed to be a flight risk. The Secretary or 
     the Attorney General, in considering any form of relief from 
     removal which may be granted in the discretion of the 
     Secretary or the Attorney General, may take into 
     consideration the alien's failure to comply with section 265 
     as a separate negative factor. If the alien failed to comply 
     with the requirements of section 265 after becoming subject 
     to a final order of removal, deportation, or exclusion, the 
     alien's failure shall be considered as a strongly negative 
     factor with respect to any discretionary motion for reopening 
     or reconsideration filed by the alien.'';
       (2) in subsection (c), by inserting ``or a notice of 
     current address'' before ``containing statements''; and
       (3) in subsections (c) and (d), by striking ``Attorney 
     General'' each place it appears and inserting ``Secretary''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to proceedings 
     initiated on or after the date of the enactment of this Act.
       (2) Conforming and technical amendments.--The amendments 
     made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
     (a) are effective as if enacted on March 1, 2003.

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

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

     SEC. 225. REMOVAL OF DRUNK DRIVERS.

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

     SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

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

     SEC. 227. EXPEDITED REMOVAL.

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

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

       (2) Exceptions.--Section 235(b)(1)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
       (A) by striking ``and who arrives by aircraft at a port of 
     entry'' and inserting ``and--''; and
       (B) by adding at the end the following:
       ``(i) who arrives by aircraft at a port of entry; or
       ``(ii) who is present in the United States and arrived in 
     any manner at or between a port of entry.''.
       (c) 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 (vii), any'';
       (2) in subparagraph (A), by inserting after clause (vi) the 
     following:
       ``(vii) Clause (i) shall not apply to a citizen of the 
     United States who has been convicted of an offense described 
     in subparagraph (A), (I), or (K) of section 101(a)(43), 
     unless the Secretary of Homeland Security, in the Secretary's 
     sole and unreviewable discretion, determines that the citizen 
     poses no risk to the alien with respect to whom a petition 
     described in clause (i) is filed.''; and
       (3) in subparagraph (B)(i)--
       (A) by striking ``Any alien'' and inserting the following: 
     ``(I) Except as provided in subclause (II), any alien''; and
       (B) by adding at the end the following:
       ``(II) Subclause (I) shall not apply in the case of an 
     alien admitted for permanent residence who has been convicted 
     of an offense described in subparagraph (A), (I), or (K) of 
     section 101(a)(43), unless the Secretary of Homeland 
     Security, in the Secretary's sole and unreviewable 
     discretion, determines that the alien lawfully admitted for 
     permanent residence poses no risk to the alien with respect 
     to whom a petition described in subclause (I) is filed.''.
       (b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C. 
     1101(a)(15)(K)), is amended by inserting ``(other than a 
     citizen described in section 204(a)(1)(A)(vii))'' after 
     ``citizen of the United States'' each place that phrase 
     appears.

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

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

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

       ``(a) Authority.--Notwithstanding any other provision of 
     law, law enforcement personnel of a State, or a political 
     subdivision of a State, have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, detain, 
     or transfer to Federal custody (including the transportation 
     across State lines to detention centers) an alien for the 
     purpose of assisting in the enforcement of the criminal 
     provisions of the immigration

[[Page S2631]]

     laws of the United States in the normal course of carrying 
     out the law enforcement duties of such personnel. This State 
     authority has never been displaced or preempted by a Federal 
     law.
       ``(b) Construction.--Nothing in this section shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       ``(c) Transfer.--If the head of a law enforcement entity of 
     a State (or, if appropriate, a political subdivision of the 
     State) exercising authority with respect to the apprehension 
     or arrest of an alien submits a request to the Secretary of 
     Homeland Security that the alien be taken into Federal 
     custody, the Secretary of Homeland Security--
       ``(1) shall--
       ``(A) deem the request to include the inquiry to verify 
     immigration status described in section 642(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(c)), and expeditiously inform the requesting 
     entity whether such individual is an alien lawfully admitted 
     to the United States or is otherwise lawfully present in the 
     United States; and
       ``(B) if the individual is an alien who is not lawfully 
     admitted to the United States or otherwise is not lawfully 
     present in the United States--
       ``(i) take the illegal alien into the custody of the 
     Federal Government not later than 72 hours after--

       ``(I) the conclusion of the State charging process or 
     dismissal process; or
       ``(II) the illegal alien is apprehended, if no State 
     charging or dismissal process is required; or

       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the alien 
     to a location for transfer to Federal custody; and
       ``(2) shall designate at least 1 Federal, State, or local 
     prison or jail or a private contracted prison or detention 
     facility within each State as the central facility for that 
     State to transfer custody of aliens to the Department of 
     Homeland Security.
       ``(d) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State, or a political subdivision of a State, for 
     expenses, as verified by the Secretary, incurred by the State 
     or political subdivision in the detention and transportation 
     of an alien as described in subparagraphs (A) and (B) of 
     subsection (c)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (c)(1) 
     shall be--
       ``(A) the product of--
       ``(i) the average daily cost of incarceration of a prisoner 
     in the relevant State, as determined by the chief executive 
     officer of a State (or, as appropriate, a political 
     subdivision of the State); multiplied by
       ``(ii) the number of days that the alien was in the custody 
     of the State or political subdivision; plus
       ``(B) the cost of transporting the alien from the point of 
     apprehension or arrest to the location of detention, and if 
     the location of detention and of custody transfer are 
     different, to the custody transfer point; plus
       ``(C) the cost of uncompensated emergency medical care 
     provided to a detained alien during the period between the 
     time of transmittal of the request described in subsection 
     (c) and the time of transfer into Federal custody.
       ``(e) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that--
       ``(1) aliens incarcerated in a Federal facility pursuant to 
     this section are held in facilities which provide an 
     appropriate level of security; and
       ``(2) if practicable, aliens detained solely for civil 
     violations of Federal immigration law are separated within a 
     facility or facilities.
       ``(f) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended aliens from the custody of those States, and 
     political subdivisions of States, which routinely submit 
     requests described in subsection (c), into Federal custody.
       ``(g) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or if appropriate, the 
     political subdivision in which the agencies are located, has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.''.
       (b) Authorization of Appropriations for the Detention and 
     Transportation to Federal Custody of Aliens Not Lawfully 
     Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 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. LAUNDERING OF MONETARY INSTRUMENTS.

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

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

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

     SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

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

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

       (a) Construction or Acquisition of Detention Facilities.--
       (1) In general.--The Secretary shall construct or acquire, 
     in addition to existing facilities for the detention of 
     aliens, 20 detention facilities in the United States that 
     have the capacity to detain a combined total of not less than 
     10,000 individuals at any time for aliens detained pending 
     removal or a decision on removal of such aliens from the 
     United States.
       (2) Determination of location.--The location of any 
     detention facility built or acquired in accordance with this 
     subsection shall be determined with the concurrence of the 
     Secretary by the senior officer responsible for Detention and 
     Removal Operations in the Department. The detention 
     facilities shall be located so as to enable the officers and 
     employees of the Department to increase to the maximum extent 
     practicable the annual rate and level of removals of illegal 
     aliens from the United States.
       (3) Use of installations under base closure laws.--In 
     acquiring detention facilities

[[Page S2632]]

     under this subsection, the Secretary shall consider the 
     transfer of appropriate portions of military installations 
     approved for closure or realignment under the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) for use in 
     accordance with paragraph (1).
       (b) Technical and Conforming Amendment.--Section 241(g)(1) 
     (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' 
     and inserting ``shall expend''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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

       (a) Responsibility of United States Attorneys.--Beginning 
     not later than 2 years after the date of the enactment of 
     this Act, the office of the United States Attorney that is 
     prosecuting a criminal case in a Federal court--
       (1) shall determine, not later than 30 days after filing 
     the initial pleadings in the case, whether each defendant in 
     the case is lawfully present in the United States (subject to 
     subsequent legal proceedings to determine otherwise);
       (2)(A) if the defendant is determined to be an alien 
     lawfully present in the United States, shall notify the court 
     in writing of the determination and the current status of the 
     alien under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.); and
       (B) if the defendant is determined not to be lawfully 
     present in the United States, shall notify the court in 
     writing of the determination, the defendant's alien status, 
     and, to the extent possible, the country of origin or legal 
     residence of the defendant; and
       (3) ensure that the information described in paragraph (2) 
     is included in the case file and the criminal records system 
     of the office of the United States attorney.
       (b) Guidelines.--A determination made under subsection 
     (a)(1) shall be made in accordance with guidelines of the 
     Executive Office for Immigration Review of the Department of 
     Justice.
       (c) Responsibilities of Federal Courts.--
       (1) Modifications of records and case managements 
     systems.--Not later than 2 years after the date of the 
     enactment of this Act, all Federal courts that hear criminal 
     cases, or appeals of criminal cases, shall modify their 
     criminal records and case management systems, in accordance 
     with guidelines which the Director of the Administrative 
     Office of the United States Courts shall establish, so as to 
     enable accurate reporting of information described in 
     subsection (a)(2).
       (2) Data entries.--Beginning not later than 2 years after 
     the date of the enactment of this Act, each Federal court 
     described in paragraph (1) shall enter into its electronic 
     records the information contained in each notification to the 
     court under subsection (a)(2).
       (d) Construction.--Nothing in this section may be construed 
     to provide a basis for admitting evidence to a jury or 
     releasing information to the public regarding an alien's 
     immigration status.
       (e) Annual Report to Congress.--The Director of the 
     Administrative Office of the United States Courts shall 
     include, in the annual report filed with Congress under 
     section 604 of title 28, United States Code--
       (1) statistical information on criminal trials of aliens in 
     the courts and criminal convictions of aliens in the lower 
     courts and upheld on appeal, including the type of crime in 
     each case and including information on the legal status of 
     the aliens; and
       (2) recommendations on whether additional court resources 
     are needed to accommodate the volume of criminal cases 
     brought against aliens in the Federal courts.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2007 through 
     2011, such sums as may be necessary to carry out this Act. 
     Funds appropriated pursuant to this subsection in any fiscal 
     year shall remain available until expended.

                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 Comprehensive Immigration Reform Act of 
     2006, 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 
     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--

[[Page S2633]]

       ``(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-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 inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     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

[[Page S2634]]

     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) a 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 Comprehensive 
     Immigration Reform Act of 2006, 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 Comprehensive 
     Immigration Reform Act of 2006, the Secretary may require an 
     additional 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 Comprehensive Immigration Reform 
     Act of 2006, the Secretary shall require an employer with 
     5,000 or more 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) Midsized employers.--Not later than 3 years after the 
     date of enactment of the Comprehensive Immigration Reform Act 
     of 2006, the Secretary shall require an employer with less 
     than 5,000 employees and with 1,000 or more 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 Comprehensive Immigration Reform 
     Act of 2006, the Secretary shall require all employers with 
     less than 1,000 employees and with 250 or more 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 Comprehensive Immigration 
     Reform Act of 2006, 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 Comprehensive 
     Immigration Reform Act of 2006, if the Secretary has 
     reasonable cause 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) with 
     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
       ``(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, 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 Comprehensive Immigration Reform Act of 
     2006, 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,

[[Page S2635]]

     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 Comprehensive Immigration Reform Act of 
     2006, 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) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) 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 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 subsection (b), (c), or (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)

[[Page S2636]]

     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.
       ``(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) Effective Date.--The amendments made by subsections (a) 
     and (b) 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 on the 
     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 on the 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--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                  Subtitle A--Temporary Guest Workers

     SEC. 401. IMMIGRATION IMPACT STUDY.

       (a) Effective Date.--Any regulation that would increase the 
     number of aliens who are eligible for legal status may not 
     take effect before 90 days after the date on which the 
     Director of the Bureau of the Census submits a report to 
     Congress under subsection (c).
       (b) Study.--The Director of the Bureau of the Census, 
     jointly with the Secretary, the Secretary of Agriculture, the 
     Secretary of Education, the Secretary of Energy, the 
     Secretary of Health and Human Services, the Secretary of 
     Housing and Urban Development, the Secretary of the Interior, 
     the Secretary of Labor, the Secretary of Transportation, the 
     Secretary of the Treasury, the Attorney General, and the 
     Administrator of the Environmental Protection Agency, shall 
     undertake a study examining the impacts of the current and 
     proposed annual grants of

[[Page S2637]]

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

     SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

       (a) Temporary Worker Category.--Section 101(a)(15)(H) (8 
     U.S.C. 1101(a)(15)(H)) is amended to read as follows:
       ``(H) an alien--
       ``(i)(b) subject to section 212(j)(2)--

       ``(aa) who is coming temporarily to the United States to 
     perform services (other than services described in clause 
     (ii)(a) or subparagraph (O) or (P)) in a specialty occupation 
     described in section 214(i)(1) or as a fashion model;
       ``(bb) who meets the requirements for the occupation 
     specified in section 214(i)(2) or, in the case of a fashion 
     model, is of distinguished merit and ability; and
       ``(cc) with respect to whom the Secretary of Labor 
     determines and certifies to the Secretary of Homeland 
     Security that the intending employer has filed an application 
     with the Secretary in accordance with section 212(n)(1);

       ``(b1)(aa) who is entitled to enter the United States under 
     the provisions of an agreement listed in section 
     214(g)(8)(A);
       ``(bb) who is engaged in a specialty occupation described 
     in section 214(i)(3); and
       ``(cc) with respect to whom the Secretary of Labor 
     determines and certifies to the Secretary of Homeland 
     Security and the Secretary of State that the intending 
     employer has filed an attestation with the Secretary of Labor 
     in accordance with section 212(t)(1); or
       ``(c)(aa) who is coming temporarily to the United States to 
     perform services as a registered nurse;
       ``(bb) who meets the qualifications described in section 
     212(m)(1); and
       ``(cc) with respect to whom the Secretary of Labor 
     determines and certifies to the Secretary of Homeland 
     Security that an unexpired attestation is on file and in 
     effect under section 212(m)(2) for the facility (as defined 
     in section 212(m)(6)) for which the alien will perform the 
     services; or
       ``(ii)(a) who--

       ``(aa) has a residence in a foreign country which the alien 
     has no intention of abandoning; and
       ``(bb) is coming temporarily to the United States to 
     perform agricultural labor or services (as defined by the 
     Secretary of Labor), including agricultural labor (as defined 
     in section 3121(g) of the Internal Revenue Code of 1986), 
     agriculture (as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f))), and the pressing 
     of apples for cider on a farm, of a temporary or seasonal 
     nature;

       ``(b) who--

       ``(aa) has a residence in a foreign country which the alien 
     has no intention of abandoning;
       ``(bb) is coming temporarily to the United States to 
     perform nonagricultural work or services of a temporary or 
     seasonal nature (if unemployed persons capable of performing 
     such work or services cannot be found in the United States), 
     excluding medical school graduates coming to the United 
     States to perform services as members of the medical 
     profession; or

       ``(c) who--

       ``(aa) has a residence in a foreign country which the alien 
     has no intention of abandoning;
       ``(bb) is coming temporarily to the United States to 
     perform temporary labor or services other than the labor or 
     services described in clause (i)(b), (i)(c), (ii)(a), or 
     (iii), or subparagraph (L), (O), (P), or (R) (if unemployed 
     persons capable of performing such labor or services cannot 
     be found in the United States); and
       ``(cc) meets the requirements of section 218A, including 
     the filing of a petition under such section on behalf of the 
     alien;

       ``(iii) who--

       ``(a) has a residence in a foreign country which the alien 
     has no intention of abandoning; and
       ``(b) is coming temporarily to the United States as a 
     trainee (other than to receive graduate medical education or 
     training) in a training program that is not designed 
     primarily to provide productive employment; or

       ``(iv) who--

       ``(a) is the spouse or a minor child of an alien described 
     in clause (iii); and
       ``(b) is accompanying or following to join such alien.''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date which is 1 year after the date 
     of the enactment of this Act and shall apply to aliens, who, 
     on such effective date, are outside of the United States.

     SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

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

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

       ``(a) Authorization.--The Secretary of State may grant a 
     temporary visa to an H-2C nonimmigrant who demonstrates an 
     intent to perform labor or services in the United States 
     (other than the labor or services described in clause (i)(b) 
     or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), 
     (P), or (R)) of section 101(a)(15).
       ``(b) Requirements for Admission.--An alien shall be 
     eligible for H-2C nonimmigrant status if the alien meets the 
     following requirements:
       ``(1) Eligibility to work.--The alien shall establish that 
     the alien is capable of performing the labor or services 
     required for an occupation under section 
     101(a)(15)(H)(ii)(c).
       ``(2) Evidence of employment.--The alien shall establish 
     that the alien has received a job offer from an employer who 
     has complied with the requirements of 218B.
       ``(3) Fee.--The alien shall pay a $500 visa issuance fee in 
     addition to the cost of processing and adjudicating such 
     application. Nothing in this paragraph shall be construed to 
     affect consular procedures for charging reciprocal fees.
       ``(4) Medical examination.--The alien shall undergo a 
     medical examination (including a determination of 
     immunization status), at the alien's expense, that conforms 
     to generally accepted standards of medical practice.
       ``(5) Application content and waiver.--
       ``(A) Application form.--The alien shall submit to the 
     Secretary a completed application, on a form designed by the 
     Secretary of Homeland Security, including proof of evidence 
     of the requirements under paragraphs (1) and (2).
       ``(B) Content.--In addition to any other information that 
     the Secretary requires to determine an alien's eligibility 
     for H-2C nonimmigrant status, the Secretary shall require an 
     alien to provide information concerning the alien's--
       ``(i) physical and mental health;
       ``(ii) criminal history and gang membership;
       ``(iii) immigration history; and
       ``(iv) involvement with groups or individuals that have 
     engaged in terrorism, genocide, persecution, or who seek the 
     overthrow of the United States Government.
       ``(C) Knowledge.--The alien shall include with the 
     application submitted under this paragraph a signed 
     certification in which the alien certifies that--

[[Page S2638]]

       ``(i) the alien has read and understands all of the 
     questions and statements on the application form;
       ``(ii) the alien certifies under penalty of perjury under 
     the laws of the United States that the application, and any 
     evidence submitted with it, are all true and correct; and
       ``(iii) the applicant authorizes the release of any 
     information contained in the application and any attached 
     evidence for law enforcement purposes.
       ``(c) Grounds of Inadmissibility.--
       ``(1) In general.--In determining an alien's admissibility 
     as an H-2C nonimmigrant--
       ``(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of 
     section 212(a) may be waived for conduct that occurred before 
     the effective date of the Comprehensive Immigration Reform 
     Act of 2006;
       ``(B) the Secretary of Homeland Security may not waive the 
     application of--
       ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of 
     section 212(a)(2) (relating to criminals);
       ``(ii) section 212(a)(3) (relating to security and related 
     grounds); or
       ``(iii) subparagraph (A), (C) or (D) of section 212(a)(10) 
     (relating to polygamists and child abductors); and
       ``(C) for conduct that occurred before the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, the Secretary of Homeland Security may waive the 
     application of any provision of section 212(a) not listed in 
     subparagraph (B) on behalf of an individual alien--
       ``(i) for humanitarian purposes;
       ``(ii) to ensure family unity; or
       ``(iii) if such a waiver is otherwise in the public 
     interest.
       ``(2) Renewal of authorized admission and subsequent 
     admissions.--An alien seeking renewal of authorized admission 
     or subsequent admission as an H-2C nonimmigrant shall 
     establish that the alien is not inadmissible under section 
     212(a).
       ``(d) Background Checks.--The Secretary of Homeland 
     Security shall not admit, and the Secretary of State shall 
     not issue a visa to, an alien seeking H-2C nonimmigrant 
     status unless all appropriate background checks have been 
     completed.
       ``(e) Ineligible to Change Nonimmigrant Classification.--An 
     H-2C nonimmigrant may not change nonimmigrant classification 
     under section 248.
       ``(f) Period of Authorized Admission.--
       ``(1) Authorized period and renewal.--The initial period of 
     authorized admission as an H-2C nonimmigrant shall be 3 
     years, and the alien may seek 1 extension for an additional 
     3-year period.
       ``(2) International commuters.--An alien who resides 
     outside the United States and commutes into the United States 
     to work as an H-2C nonimmigrant, is not subject to the time 
     limitations under paragraph (1).
       ``(3) Loss of employment.--
       ``(A) In general.--Subject to subsection (c), the period of 
     authorized admission of an H-2C nonimmigrant shall terminate 
     if the alien is unemployed for 60 or more consecutive days.
       ``(B) Return to foreign residence.--Any alien whose period 
     of authorized admission terminates under subparagraph (A) 
     shall be required to leave the United States.
       ``(C) Period of visa validity.--Any alien, whose period of 
     authorized admission terminates under subparagraph (A), who 
     leaves the United States under subparagraph (B), may reenter 
     the United States as an H-2C nonimmigrant to work for an 
     employer, if the alien has complied with the requirements of 
     subsections (b) and (f)(2). The Secretary may, in the 
     Secretary's sole and unreviewable discretion, reauthorize 
     such alien for admission as an H-2C nonimmigrant without 
     requiring the alien's departure from the United States.
       ``(4) Visits outside united states.--
       ``(A) In general.--Under regulations established by the 
     Secretary of Homeland Security, an H-2C nonimmigrant--
       ``(i) may travel outside of the United States; and
       ``(ii) may be readmitted without having to obtain a new 
     visa if the period of authorized admission has not expired.
       ``(B) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (A) shall not 
     extend the period of authorized admission in the United 
     States.
       ``(5) Bars to extension or admission.--An alien may not be 
     granted H-2C nonimmigrant status, or an extension of such 
     status, if--
       ``(A) the alien has violated any material term or condition 
     of such status granted previously, including failure to 
     comply with the change of address reporting requirements 
     under section 265;
       ``(B) the alien is inadmissible as a nonimmigrant; or
       ``(C) the granting of such status or extension of such 
     status would allow the alien to exceed 6 years as an H-2C 
     nonimmigrant, unless the alien has resided and been 
     physically present outside the United States for at least 1 
     year after the expiration of such H-2C nonimmigrant status.
       ``(g) Evidence of Nonimmigrant Status.--Each H-2C 
     nonimmigrant shall be issued documentary evidence of 
     nonimmigrant status, which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     allow for biometric authentication;
       ``(2) shall be designed in consultation with the Forensic 
     Document Laboratory of the Bureau of Immigration and Customs 
     Enforcement;
       ``(3) shall, during the alien's authorized period of 
     admission under subsection (f), serve as a valid entry 
     document for the purpose of applying for admission to the 
     United States--
       ``(A) instead of a passport and visa if the alien--
       ``(i) is a national of a foreign territory contiguous to 
     the United States; and
       ``(ii) is applying for admission at a land border port of 
     entry; and
       ``(B) in conjunction with a valid passport, if the alien is 
     applying for admission at an air or sea port of entry;
       ``(4) may be accepted during the period of its validity by 
     an employer as evidence of employment authorization and 
     identity under section 274A(b)(1)(B); and
       ``(5) shall be issued to the H-2C nonimmigrant by the 
     Secretary of Homeland Security promptly after the final 
     adjudication of such alien's application for H-2C 
     nonimmigrant status.
       ``(h) Penalty for Failure to Depart.--If an H-2C 
     nonimmigrant fails to depart the United States before the 
     date which is 10 days after the date that the alien's 
     authorized period of admission as an H-2C nonimmigrant 
     terminates, the H-2C nonimmigrant may not apply for or 
     receive any immigration relief or benefit under this Act or 
     any other law, except for relief under sections 208 and 
     241(b)(3) and relief under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     for an alien who indicates either an intention to apply for 
     asylum under section 208 or a fear of persecution or torture.
       ``(i) Penalty for Illegal Entry or Overstay.--Any alien who 
     enters, attempts to enter, or crosses the border after the 
     date of the enactment of this section, and is physically 
     present in the United States after such date in violation of 
     this Act or of any other Federal law, may not receive, for a 
     period of 10 years--
       ``(1) any relief under sections 240A and 240B; or
       ``(2) nonimmigrant status under section 101(a)(15).
       ``(j) Portability.--A nonimmigrant alien described in this 
     section, who was previously issued a visa or otherwise 
     provided H-2C nonimmigrant status, may accept a new offer of 
     employment with a subsequent employer, if--
       ``(1) the employer complies with section 218B; and
       ``(2) the alien, after lawful admission to the United 
     States, did not work without authorization.
       ``(k) Change of Address.--An H-2C nonimmigrant shall comply 
     with the change of address reporting requirements under 
     section 265 through either electronic or paper notification.
       ``(l) Collection of Fees.--All fees collected under this 
     section shall be deposited in the Treasury in accordance with 
     section 286(c).
       ``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and 
     Children.--
       ``(1) In general.--The alien spouse and children of an H-2C 
     nonimmigrant (referred to in this section as `dependent 
     aliens') who are accompanying or following to join the H-2C 
     nonimmigrant may be issued nonimmigrant visas under section 
     101(a)(15)(H)(iv).
       ``(2) Requirements for admission.--A dependent alien is 
     eligible for nonimmigrant status under 101(a)(15)(H)(iv) if 
     the dependant alien meets the following requirements:
       ``(A) Eligibility.--The dependent alien is admissible as a 
     nonimmigrant and does not fall within a class of aliens 
     ineligible for H-4A nonimmigrant status listed under 
     subsection (c).
       ``(B) Medical examination.--Before a nonimmigrant visa is 
     issued to a dependent alien under this subsection, the 
     dependent alien may be required to submit to a medical 
     examination (including a determination of immunization 
     status) at the alien's expense, that conforms to generally 
     accepted standards of medical practice.
       ``(C) Background checks.--Before a nonimmigrant visa is 
     issued to a dependent alien under this section, the consular 
     officer shall conduct such background checks as the Secretary 
     of State, in consultation with the Secretary of Homeland 
     Security, considers appropriate.
       ``(n) Definitions.--In this section and sections 218B, 
     218C, and 218D:
       ``(1) Aggrieved person.--The term `aggrieved person' means 
     a person adversely affected by an alleged violation of this 
     section, including--
       ``(A) a worker whose job, wages, or working conditions are 
     adversely affected by the violation; and
       ``(B) a representative for workers whose jobs, wages, or 
     working conditions are adversely affected by the violation 
     who brings a complaint on behalf of such worker.
       ``(2) Area of employment.--The terms `area of employment' 
     and `area of intended employment' mean the area within normal 
     commuting distance of the worksite or physical location at 
     which the work of the temporary worker is or will be 
     performed. If such worksite or location is within a 
     Metropolitan Statistical Area, any place within such area is 
     deemed to be within the area of employment.
       ``(3) Eligible individual.--The term `eligible individual' 
     means, with respect to employment, an individual who is not 
     an unauthorized alien (as defined in section 274A) with 
     respect to that employment.

[[Page S2639]]

       ``(4) Employ; employee; employer.--The terms `employ', 
     `employee', and `employer' have the meanings given such terms 
     in section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203).
       ``(5) Foreign labor contractor.--The term `foreign labor 
     contractor' means any person who for any compensation or 
     other valuable consideration paid or promised to be paid, 
     performs any foreign labor contracting activity.
       ``(6) Foreign labor contracting activity.--The term 
     `foreign labor contracting activity' means recruiting, 
     soliciting, hiring, employing, or furnishing, an individual 
     who resides outside of the United States for employment in 
     the United States as a nonimmigrant alien described in 
     section 101(a)(15)(H)(ii)(c).
       ``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant' 
     means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(c).
       ``(8) Separation from employment.--The term `separation 
     from employment' means the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract. The term does not include any situation in which 
     the worker is offered, as an alternative to such loss of 
     employment, a similar employment opportunity with the same 
     employer at equivalent or higher compensation and benefits 
     than the position from which the employee was discharged, 
     regardless of whether the employee accepts the offer. Nothing 
     in this paragraph shall limit an employee's rights under a 
     collective bargaining agreement or other employment contract.
       ``(9) United states worker.--The term `United States 
     worker' means an employee who is--
       ``(A) a citizen or national of the United States; or
       ``(B) an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) admitted as a refugee under section 207;
       ``(iii) granted asylum under section 208; or
       ``(iv) otherwise authorized, under this Act or by the 
     Secretary of Homeland Security, to be employed in the United 
     States.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 218 
     the following:

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

       (b) Creation of State Impact Assistance Account.--Section 
     286 (8 U.S.C. 1356) is amended by adding at the end the 
     following:
       ``(x) State Impact Assistance Account.--There is 
     established in the general fund of the Treasury a separate 
     account, which shall be known as the `State Impact Aid 
     Account'. Notwithstanding any other provision under this Act, 
     there shall be deposited as offsetting receipts into the 
     account all family supplemental visa and family supplemental 
     extension of status fees collected under sections 218A and 
     218B.''.

     SEC. 404. EMPLOYER OBLIGATIONS.

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

     ``SEC. 218B. EMPLOYER OBLIGATIONS.

       ``(a) General Requirements.--Each employer who employs an 
     H-2C nonimmigrant shall--
       ``(1) file a petition in accordance with subsection (b); 
     and
       ``(2) pay the appropriate fee, as determined by the 
     Secretary of Labor.
       ``(b) Petition.--A petition to hire an H-2C nonimmigrant 
     under this section shall include an attestation by the 
     employer of the following:
       ``(1) Protection of united states workers.--The employment 
     of an H-2C nonimmigrant--
       ``(A) will not adversely affect the wages and working 
     conditions of workers in the United States similarly 
     employed; and
       ``(B) did not and will not cause the separation from 
     employment of a United States worker employed by the employer 
     within the 180-day period beginning 90 days before the date 
     on which the petition is filed.
       ``(2) Wages.--
       ``(A) In general.--The H-2C nonimmigrant will be paid not 
     less than the greater of--
       ``(i) the actual wage level paid by the employer to all 
     other individuals with similar experience and qualifications 
     for the specific employment in question; or
       ``(ii) the prevailing wage level for the occupational 
     classification in the area of employment, taking into account 
     experience and skill levels of employees.
       ``(B) Calculation.--The wage levels under subparagraph (A) 
     shall be calculated based on the best information available 
     at the time of the filing of the application.
       ``(C) Prevailing wage level.--For purposes of subparagraph 
     (A)(ii), the prevailing wage level shall be determined in 
     accordance with this subparagraph. If the job opportunity is 
     covered by a collective bargaining agreement between a union 
     and the employer, the prevailing wage shall be the wage rate 
     set forth in the collective bargaining agreement. If the job 
     opportunity is not covered by such an agreement, and it is in 
     an occupation that is covered by a wage determination under a 
     provision of subchapter IV of chapter 31 of title 40, United 
     States Code, or the Service Contract Act of 1965 (41 U.S.C. 
     351 et seq.), the prevailing wage level shall be the 
     appropriate statutory wage.
       ``(3) Working conditions.--All workers in the occupation at 
     the place of employment at which the H-2C nonimmigrant will 
     be employed will be provided the working conditions and 
     benefits that are normal to workers similarly employed in the 
     area of intended employment.
       ``(4) Labor dispute.--There is not a strike, lockout, or 
     work stoppage in the course of a labor dispute in the 
     occupation at the place of employment at which the H-2C 
     nonimmigrant will be employed. If such strike, lockout, or 
     work stoppage occurs following submission of the petition, 
     the employer will provide notification in accordance with 
     regulations promulgated by the Secretary of Labor.
       ``(5) Provision of insurance.--If the position for which 
     the H-2C nonimmigrant is sought is not covered by the State 
     workers' compensation law, the employer will provide, at no 
     cost to the H-2C nonimmigrant, insurance covering injury and 
     disease arising out of, and in the course of, the worker's 
     employment, which will provide benefits at least equal to 
     those provided under the State workers' compensation law for 
     comparable employment.
       ``(6) Notice to employees.--
       ``(A) In general.--The employer has provided notice of the 
     filing of the petition to the bargaining representative of 
     the employer's employees in the occupational classification 
     and area of employment for which the H-2C nonimmigrant is 
     sought.
       ``(B) No bargaining representative.--If there is no such 
     bargaining representative, the employer has--
       ``(i) posted a notice of the filing of the petition in a 
     conspicuous location at the place or places of employment for 
     which the H-2C nonimmigrant is sought; or
       ``(ii) electronically disseminated such a notice to the 
     employer's employees in the occupational classification for 
     which the H-2C nonimmigrant is sought.
       ``(7) Recruitment.--Except where the Secretary of Labor has 
     determined that there is a shortage of United States workers 
     in the occupation and area of intended employment for which 
     the H-2C nonimmigrant is sought--
       ``(A) there are not sufficient workers who are able, 
     willing, and qualified, and who will be available at the time 
     and place needed, to perform the labor or services involved 
     in the petition; and
       ``(B) good faith efforts have been taken to recruit United 
     States workers, in accordance with regulations promulgated by 
     the Secretary of Labor, which efforts included--
       ``(i) the completion of recruitment during the period 
     beginning on the date that is 90 days before the date on 
     which the petition was filed with the Department of Homeland 
     Security and ending on the date that is 14 days before such 
     filing date; and
       ``(ii) the actual wage paid by the employer for the 
     occupation in the areas of intended employment was used in 
     conducting recruitment.
       ``(8) Ineligibility.--The employer is not currently 
     ineligible from using the H-2C nonimmigrant program described 
     in this section.
       ``(9) Bonafide offer of employment.--The job for which the 
     H-2C nonimmigrant is sought is a bona fide job--
       ``(A) for which the employer needs labor or services;
       ``(B) which has been and is clearly open to any United 
     States worker; and
       ``(C) for which the employer will be able to place the H-2C 
     nonimmigrant on the payroll.
       ``(10) Public availability and records retention.--A copy 
     of each petition filed under this section and documentation 
     supporting each attestation, in accordance with regulations 
     promulgated by the Secretary of Labor, will--
       ``(A) be provided to every H-2C nonimmigrant employed under 
     the petition;
       ``(B) be made available for public examination at the 
     employer's place of business or work site;
       ``(C) be made available to the Secretary of Labor during 
     any audit; and
       ``(D) remain available for examination for 5 years after 
     the date on which the petition is filed.
       ``(11) Notification upon separation from or transfer of 
     employment.--The employer will notify the Secretary of Labor 
     and the Secretary of Homeland Security of an H-2C 
     nonimmigrant's separation from employment or transfer to 
     another employer not more than 3 business days after the date 
     of such separation or transfer, in accordance with 
     regulations promulgated by the Secretary of Homeland 
     Security.
       ``(12) Actual need for labor or services.--The petition was 
     filed not more than 60 days before the date on which the 
     employer needed labor or services for which the H-2C 
     nonimmigrant is sought.
       ``(c) Audit of Attestations.--
       ``(1) Referrals by secretary of homeland security.--The 
     Secretary of Homeland Security shall refer all approved 
     petitions for H-2C nonimmigrants to the Secretary of Labor 
     for potential audit.
       ``(2) Audits authorized.--The Secretary of Labor may audit 
     any approved petition referred pursuant to paragraph (1), in 
     accordance with regulations promulgated by the Secretary of 
     Labor.
       ``(d) Ineligible Employers.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     not approve an employer's petitions, applications, 
     certifications, or attestations under any immigrant or 
     nonimmigrant program if the Secretary of

[[Page S2640]]

     Labor determines, after notice and an opportunity for a 
     hearing, that the employer submitting such documents--
       ``(A) has, with respect to the attestations required under 
     subsection (b)--
       ``(i) misrepresented a material fact;
       ``(ii) made a fraudulent statement; or
       ``(iii) failed to comply with the terms of such 
     attestations; or
       ``(B) failed to cooperate in the audit process in 
     accordance with regulations promulgated by the Secretary of 
     Labor.
       ``(2) Length of ineligibility.--An employer described in 
     paragraph (1) shall be ineligible to participate in the labor 
     certification programs of the Secretary of Labor for not less 
     than the time period determined by the Secretary, not to 
     exceed 3 years.
       ``(3) Employers in high unemployment areas.--Beginning on 
     the date that is 1 year after the date of the enactment of 
     the Comprehensive Immigration Reform Act of 2006, the 
     Secretary of Homeland Security may not approve any employer's 
     petition under subsection (b) if the work to be performed by 
     the H-2C nonimmigrant is located in a metropolitan or 
     micropolitan statistical area (as defined by the Office of 
     Management and Budget) in which the unemployment rate for 
     unskilled and low-skilled workers during the most recently 
     completed 6-month period averaged more than 11.0 percent.
       ``(e) Regulation of Foreign Labor Contractors.--
       ``(1) Coverage.--Notwithstanding any other provision of 
     law, an H-2C nonimmigrant may not be treated as an 
     independent contractor.
       ``(2) Applicability of laws.--An H-2C nonimmigrant shall 
     not be denied any right or any remedy under Federal, State, 
     or local labor or employment law that would be applicable to 
     a United States worker employed in a similar position with 
     the employer because of the alien's status as a nonimmigrant 
     worker.
       ``(3) Tax responsibilities.--With respect to each employed 
     H-2C nonimmigrant, an employer shall comply with all 
     applicable Federal, State, and local tax and revenue laws.
       ``(f) Whistleblower Protection.--It shall be unlawful for 
     an employer or a labor contractor of an H-2C nonimmigrant to 
     intimidate, threaten, restrain, coerce, retaliate, discharge, 
     or in any other manner, discriminate against an employee or 
     former employee because the employee or former employee--
       ``(1) discloses information to the employer or any other 
     person that the employee or former employee reasonably 
     believes demonstrates a violation of this Act; or
       ``(2) cooperates or seeks to cooperate in an investigation 
     or other proceeding concerning compliance with the 
     requirements of this Act.
       ``(g) Labor Recruiters.--
       ``(1) In general.--Each employer that engages in foreign 
     labor contracting activity and each foreign labor contractor 
     shall ascertain and disclose, to each such worker who is 
     recruited for employment at the time of the worker's 
     recruitment--
       ``(A) the place of employment;
       ``(B) the compensation for the employment;
       ``(C) a description of employment activities;
       ``(D) the period of employment;
       ``(E) any other employee benefit to be provided and any 
     costs to be charged for each benefit;
       ``(F) any travel or transportation expenses to be assessed;
       ``(G) the existence of any labor organizing effort, strike, 
     lockout, or other labor dispute at the place of employment;
       ``(H) the existence of any arrangement with any owner, 
     employer, foreign contractor, or its agent where such person 
     receives a commission from the provision of items or services 
     to workers;
       ``(I) the extent to which workers will be compensated 
     through workers' compensation, private insurance, or 
     otherwise for injuries or death, including--
       ``(i) work related injuries and death during the period of 
     employment;
       ``(ii) the name of the State workers' compensation 
     insurance carrier or the name of the policyholder of the 
     private insurance;
       ``(iii) the name and the telephone number of each person 
     who must be notified of an injury or death; and
       ``(iv) the time period within which such notice must be 
     given;
       ``(J) any education or training to be provided or required, 
     including--
       ``(i) the nature and cost of such training;
       ``(ii) the entity that will pay such costs; and
       ``(iii) whether the training is a condition of employment, 
     continued employment, or future employment; and
       ``(K) a statement, in a form specified by the Secretary of 
     Labor, describing the protections of this Act for workers 
     recruited abroad.
       ``(2) False or misleading information.--No foreign labor 
     contractor or employer who engages in foreign labor 
     contracting activity shall knowingly provide material false 
     or misleading information to any worker concerning any matter 
     required to be disclosed in paragraph (1).
       ``(3) Languages.--The information required to be disclosed 
     under paragraph (1) shall be provided in writing in English 
     or, as necessary and reasonable, in the language of the 
     worker being recruited. The Secretary of Labor shall make 
     forms available in English, Spanish, and other languages, as 
     necessary, which may be used in providing workers with 
     information required under this section.
       ``(4) Fees.--A person conducting a foreign labor 
     contracting activity shall not assess any fee to a worker for 
     such foreign labor contracting activity.
       ``(5) Terms.--No employer or foreign labor contractor 
     shall, without justification, violate the terms of any 
     agreement made by that contractor or employer regarding 
     employment under this program.
       ``(6) Travel costs.--If the foreign labor contractor or 
     employer charges the employee for transportation such 
     transportation costs shall be reasonable.
       ``(7) Other worker protections.--
       ``(A) Notification.--Not less frequently than once every 2 
     years, each employer shall notify the Secretary of Labor of 
     the identity of any foreign labor contractor engaged by the 
     employer in any foreign labor contractor activity for, or on 
     behalf of, the employer.
       ``(B) Registration of foreign labor contractors.--
       ``(i) In general.--No person shall engage in foreign labor 
     recruiting activity unless such person has a certificate of 
     registration from the Secretary of Labor specifying the 
     activities that such person is authorized to perform. An 
     employer who retains the services of a foreign labor 
     contractor shall only use those foreign labor contractors who 
     are registered under this subparagraph.
       ``(ii) Issuance.--The Secretary shall promulgate 
     regulations to establish an efficient electronic process for 
     the investigation and approval of an application for a 
     certificate of registration of foreign labor contractors not 
     later than 14 days after such application is filed, 
     including--

       ``(I) requirements under paragraphs (1), (4), and (5) of 
     section 102 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1812);
       ``(II) an expeditious means to update registrations and 
     renew certificates; and
       ``(III) any other requirements that the Secretary may 
     prescribe.

       ``(iii) Term.--Unless suspended or revoked, a certificate 
     under this subparagraph shall be valid for 2 years.
       ``(iv) Refusal to issue; revocation; suspension.--In 
     accordance with regulations promulgated by the Secretary of 
     Labor, the Secretary may refuse to issue or renew, or may 
     suspend or revoke, a certificate of registration under this 
     subparagraph if--

       ``(I) the application or holder of the certification has 
     knowingly made a material misrepresentation in the 
     application for such certificate;
       ``(II) the applicant for, or holder of, the certification 
     is not the real party in interest in the application or 
     certificate of registration and the real party in interest--

       ``(aa) is a person who has been refused issuance or renewal 
     of a certificate;
       ``(bb) has had a certificate suspended or revoked; or
       ``(cc) does not qualify for a certificate under this 
     paragraph; or

       ``(III) the applicant for or holder of the certification 
     has failed to comply with this Act.

       ``(C) Remedy for violations.--An employer engaging in 
     foreign labor contracting activity and a foreign labor 
     contractor that violates the provisions of this subsection 
     shall be subject to remedies for foreign labor contractor 
     violations under subsections (h) and (i). If a foreign labor 
     contractor acting as an agent of an employer violates any 
     provision of this subsection, the employer shall also be 
     subject to remedies under subsections (h) and (i). An 
     employer that violates a provision of this subsection 
     relating to employer obligations shall be subject to remedies 
     under subsections (h) and (i).
       ``(D) Employer notification.--An employer shall notify the 
     Secretary of Labor if the employer becomes aware of a 
     violation of this subsection by a foreign labor recruiter.
       ``(E) Written agreements.--A foreign labor contractor may 
     not violate the terms of any written agreements made with an 
     employer relating to any contracting activity or worker 
     protection under this subsection.
       ``(F) Bonding requirement.--The Secretary of Labor may 
     require a foreign labor contractor to post a bond in an 
     amount sufficient to ensure the protection of individuals 
     recruited by the foreign labor contractor. The Secretary may 
     consider the extent to which the foreign labor contractor has 
     sufficient ties to the United States to adequately enforce 
     this subsection.
       ``(h) Enforcement.--
       ``(1) In general.--The Secretary of Labor shall promulgate 
     regulations for the receipt, investigation, and disposition 
     of complaints by an aggrieved person respecting a violation 
     of this section.
       ``(2) Filing deadline.--No investigation or hearing shall 
     be conducted on a complaint concerning a violation under this 
     section unless the complaint was filed not later than 12 
     months after the date of such violation.
       ``(3) Reasonable cause.--The Secretary of Labor shall 
     conduct an investigation under this subsection if there is 
     reasonable cause to believe that a violation of this section 
     has occurred. The process established under this subsection 
     shall provide that, not later than 30 days after a complaint 
     is filed, the Secretary shall determine if there is 
     reasonable cause to find such a violation.
       ``(4) Notice and hearing.--
       ``(A) In general.--Not later than 60 days after the 
     Secretary of Labor makes a determination of reasonable cause 
     under paragraph (4), the Secretary shall issue a notice

[[Page S2641]]

     to the interested parties and offer an opportunity for a 
     hearing on the complaint, in accordance with section 556 of 
     title 5, United States Code.
       ``(B) Complaint.--If the Secretary of Labor, after 
     receiving a complaint under this subsection, does not offer 
     the aggrieved party or organization an opportunity for a 
     hearing under subparagraph (A), the Secretary shall notify 
     the aggrieved party or organization of such determination and 
     the aggrieved party or organization may seek a hearing on the 
     complaint in accordance with such section 556.
       ``(C) Hearing deadline.--Not later than 60 days after the 
     date of a hearing under this paragraph, the Secretary of 
     Labor shall make a finding on the matter in accordance with 
     paragraph (5).
       ``(5) Attorneys' fees.--A complainant who prevails with 
     respect to a claim under this subsection shall be entitled to 
     an award of reasonable attorneys' fees and costs.
       ``(6) Power of the secretary.--The Secretary may bring an 
     action in any court of competent jurisdiction--
       ``(A) to seek remedial action, including injunctive relief;
       ``(B) to recover the damages described in subsection (i); 
     or
       ``(C) to ensure compliance with terms and conditions 
     described in subsection (g).
       ``(7) Solicitor of labor.--Except as provided in section 
     518(a) of title 28, United States Code, the Solicitor of 
     Labor may appear for and represent the Secretary of Labor in 
     any civil litigation brought under this subsection. All such 
     litigation shall be subject to the direction and control of 
     the Attorney General.
       ``(8) Procedures in addition to other rights of 
     employees.--The rights and remedies provided to workers under 
     this section are in addition to any other contractual or 
     statutory rights and remedies of the workers, and are not 
     intended to alter or affect such rights and remedies.
       ``(i) Penalties.--
       ``(1) In general.--If, after notice and an opportunity for 
     a hearing, the Secretary of Labor finds a violation of 
     subsection (b), (e), (f), or (g), the Secretary may impose 
     administrative remedies and penalties, including--
       ``(A) back wages;
       ``(B) benefits; and
       ``(C) civil monetary penalties.
       ``(2) Civil penalties.--The Secretary of Labor may impose, 
     as a civil penalty--
       ``(A) for a violation of subsection (e) or (f)--
       ``(i) a fine in an amount not to exceed $2,000 per 
     violation per affected worker;
       ``(ii) if the violation was willful violation, a fine in an 
     amount not to exceed $5,000 per violation per affected 
     worker;
       ``(iii) if the violation was willful and if in the course 
     of such violation a United States worker was harmed, a fine 
     in an amount not to exceed $25,000 per violation per affected 
     worker; and
       ``(B) for a violation of subsection (g)--
       ``(i) a fine in an amount not less than $500 and not more 
     than $4,000 per violation per affected worker;
       ``(ii) if the violation was willful, a fine in an amount 
     not less than $2,000 and not more than $5,000 per violation 
     per affected worker; and
       ``(iii) if the violation was willful and if in the course 
     of such violation a United States worker was harmed, a fine 
     in an amount not less than $6,000 and not more than $35,000 
     per violation per affected worker.
       ``(3) Use of civil penalties.--All penalties collected 
     under this subsection shall be deposited in the Treasury in 
     accordance with section 286(w).
       ``(4) Criminal penalties.--If a willful and knowing 
     violation of subsection (g) causes extreme physical or 
     financial harm to an individual, the person in violation of 
     such subsection may be imprisoned for not more than 6 months, 
     fined in an amount not more than $35,000, or both.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 218A, as 
     added by section 403, the following:

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

     SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

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

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

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

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

     SEC. 406. RULEMAKING; EFFECTIVE DATE.

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

     SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

       (a) Electronic Job Registry.--The Secretary of Labor shall 
     establish a publicly accessible Web page on the Internet 
     website of the Department of Labor that provides a single 
     Internet link to each State workforce agency's statewide 
     electronic registry of jobs available throughout the United 
     States to United States workers.
       (b) Recruitment of United States Workers.--
       (1) Posting.--An employer shall attest that the employer 
     has posted an employment opportunity in accordance with 
     section 218B(b)(9) of the Immigration and Nationality Act, as 
     added by this Act.
       (2) Records.--An employer shall maintain records for not 
     less than 1 year after the date on which an H-2C nonimmigrant 
     is hired that describe the reasons for not hiring any of the 
     United States workers who may have applied for such position.
       (c) Oversight and Maintenance of Records.--The Secretary of 
     Labor shall promulgate regulations regarding the maintenance 
     of electronic job registry records for the purpose of audit 
     or investigation.
       (d) Access to Electronic Job Registry.--The Secretary of 
     Labor shall ensure that job opportunities advertised on an 
     electronic job registry established under this section are 
     accessible--
       (1) by the State workforce agencies, which may further 
     disseminate job opportunity information to other interested 
     parties; and
       (2) through the Internet, for access by workers, employers, 
     labor organizations, and other interested parties.

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

       (a) Establishment.--There is established a task force to be 
     known as the ``Temporary Worker Task Force'' (referred to in 
     this section as the ``Task Force'').
       (b) Purposes.--The purposes of the Task Force are--
       (1) to study the impact of the admission of aliens under 
     section 101(a)(15)(ii)(c) on the wages, working conditions, 
     and employment of United States workers; and
       (2) to make recommendations to the Secretary of Labor 
     regarding the need for an annual numerical limitation on the 
     number of aliens that may be admitted in any fiscal year 
     under section 101(a)(15)(ii)(c).
       (c) Membership.--
       (1) In general.--The Task Force shall be composed of 10 
     members, of whom--
       (A) 1 shall be appointed by the President and shall serve 
     as chairman of the Task Force;
       (B) 1 shall be appointed by the leader of the minority 
     party in the Senate, in consultation with the leader of the 
     minority party in the House of Representatives, and shall 
     serve as vice chairman of the Task Force;
       (C) 2 shall be appointed by the majority leader of the 
     Senate;
       (D) 2 shall be appointed by the minority leader of the 
     Senate;
       (E) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (F) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of the enactment of this Act.
       (3) Vacancies.--Any vacancy in the Task Force shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (4) Quorum.--Six members of the Task Force shall constitute 
     a quorum.
       (d) Qualifications.--
       (1) In general.--Members of the Task Force shall be--
       (A) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       (B) representative of a broad cross-section of perspectives 
     within the United States, including the public and private 
     sectors and academia.
       (2) Political affiliation.--Not more than 5 members of the 
     Task Force may be members of the same political party.

[[Page S2642]]

       (3) Nongovernmental appointees.--An individual appointed to 
     the Task Force may not be an officer or employee of the 
     Federal Government or of any State or local government.
       (e) Meetings.--
       (1) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       (2) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       (f) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Task Force shall submit, to 
     Congress, the Secretary of Labor, and the Secretary, a report 
     that contains--
       (1) findings with respect to the duties of the Task Force; 
     and
       (2) recommendations for imposing a numerical limit.
       (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 
     1184(g)(1)) is amended--
       (1) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(C) under section 101(a)(15)(H)(ii)(c) may not exceed--
       ``(i) 400,000 for the first fiscal year in which the 
     program is implemented;
       ``(ii) in any subsequent fiscal year--

       ``(I) if the total number of visas allocated for that 
     fiscal year are allotted within the first quarter of that 
     fiscal year, then an additional 20 percent of the allocated 
     number shall be made available immediately and the allocated 
     amount for the following fiscal year shall increase by 20 
     percent of the original allocated amount in the prior fiscal 
     year;
       ``(II) if the total number of visas allocated for that 
     fiscal year are allotted within the second quarter of that 
     fiscal year, then an additional 15 percent of the allocated 
     number shall be made available immediately and the allocated 
     amount for the following fiscal year shall increase by 15 
     percent of the original allocated amount in the prior fiscal 
     year;
       ``(III) if the total number of visas allocated for that 
     fiscal year are allotted within the third quarter of that 
     fiscal year, then an additional 10 percent of the allocated 
     number shall be made available immediately and the allocated 
     amount for the following fiscal year shall increase by 10 
     percent of the original allocated amount in the prior fiscal 
     year;
       ``(IV) if the total number of visas allocated for that 
     fiscal year are allotted within the last quarter of that 
     fiscal year, then the allocated amount for the following 
     fiscal year shall increase by 10 percent of the original 
     allocated amount in the prior fiscal year; and
       ``(V) with the exception of the first subsequent fiscal 
     year to the fiscal year in which the program is implemented, 
     if fewer visas were allotted the previous fiscal year than 
     the number of visas allocated for that year and the reason 
     was not due to processing delays or delays in promulgating 
     regulations, then the allocated amount for the following 
     fiscal year shall decrease by 10 percent of the allocated 
     amount in the prior fiscal year.''.

       (h) Adjustment to Lawful Permanent Resident Status.--
     Section 245 (8 U.S.C. 1255) is amended by adding at the end 
     the following:
       ``(n)(1) For purposes of adjustment of status under 
     subsection (a), employment-based immigrant visas shall be 
     made available to an alien having nonimmigrant status 
     described in section 101(a)(15)(H)(ii)(c) upon the filing of 
     a petition for such a visa--
       ``(A) by the alien's employer; or
       ``(B) by the alien, if the alien has maintained such 
     nonimmigrant status in the United States for a cumulative 
     total of 4 years.
       ``(2) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) may not apply for adjustment of 
     status under this section unless the alien--
       ``(A) is physically present in the United States; and
       ``(B) the alien establishes that the alien--
       ``(i) meets the requirements of section 312; or
       ``(ii) is satisfactorily pursuing a course of study to 
     achieve such an understanding of English and knowledge and 
     understanding of the history and government of the United 
     States.
       ``(3) An alien who demonstrates that the alien meets the 
     requirements of section 312 may be considered to have 
     satisfied the requirements of that section for purposes of 
     becoming naturalized as a citizen of the United States under 
     title III.
       ``(4) Filing a petition under paragraph (1) on behalf of an 
     alien or otherwise seeking permanent residence in the United 
     States for such alien shall not constitute evidence of the 
     alien's ineligibility for nonimmigrant status under section 
     101(a)(15)(H)(ii)(c).
       ``(5) The Secretary of Homeland Security shall extend, in 
     1-year increments, the stay of an alien for whom a labor 
     certification petition filed under section 203(b) or an 
     immigrant visa petition filed under section 204(b) is pending 
     until a final decision is made on the alien's lawful 
     permanent residence.
       ``(6) Nothing in this subsection shall be construed to 
     prevent an alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) from filing an application for 
     adjustment of status under this section in accordance with 
     any other provision of law.''.

     SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

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

     SEC. 410. S VISAS.

       (a) Expansion of S Visa Classification.--Section 
     101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended--
       (1) in clause (i)--
       (A) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security'';
       (B) in subclause (I), by inserting before the semicolon, `, 
     including a criminal enterprise undertaken by a foreign 
     government, its agents, representatives, or officials';
       (C) in subclause (III), by inserting ``where the 
     information concerns a criminal enterprise undertaken by an 
     individual or organization that is not a foreign government, 
     its agents, representatives, or officials,'' before 
     ``whose''; and
       (D) by striking ``or'' at the end; and
       (2) in clause (ii)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``1956,'' and all that follows through 
     ``the alien;'' and inserting the following: ``1956; or
       ``(iii) who the Secretary of Homeland Security and the 
     Secretary of State, in consultation with the Director of 
     Central Intelligence, jointly determine--
       ``(I) is in possession of critical reliable information 
     concerning the activities of governments or organizations, or 
     their agents, representatives, or officials, with respect to 
     weapons of mass destruction and related delivery systems, if 
     such governments or organizations are at risk of developing, 
     selling, or transferring such weapons or related delivery 
     systems; and
       ``(II) is willing to supply or has supplied, fully and in 
     good faith, information described in subclause (I) to 
     appropriate persons within the United States Government;

     ``and, if the Secretary of Homeland Security (or with respect 
     to clause (ii), the Secretary of State and the Secretary of 
     Homeland Security jointly) considers it to be appropriate, 
     the spouse, married and unmarried sons and daughters, and 
     parents of an alien described in clause (i), (ii), or (iii) 
     if accompanying, or following to join, the alien;''.
       (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 
     1184(k)(1)) is amended by striking ``The number of aliens'' 
     and all that follows through the period and inserting the 
     following: ``The number of aliens who may be provided a visa 
     as nonimmigrants under section 101(a)(15)(S) in any fiscal 
     year may not exceed 1,000.''.
       (c) Reports.--
       (1) Content.--Paragraph (4) of section 214(k) (8 U.S.C. 
     1184(k)) is amended--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``The Attorney General'' and inserting 
     ``The Secretary of Homeland Security''; and
       (ii) by striking ``concerning--'' and inserting ``that 
     includes--'';
       (B) in subparagraph (D), by striking ``and'';
       (C) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (D) by inserting at the end the following:
       ``(F) in the event that the total number of such 
     nonimmigrants admitted is fewer than 25 percent of the total 
     number provided for under paragraph (1) of this subsection--
       ``(i) the reasons why the number of such nonimmigrants 
     admitted is fewer than 25 percent of that provided for by 
     law;
       ``(ii) the efforts made by the Secretary of Homeland 
     Security to admit such nonimmigrants; and
       ``(iii) any extenuating circumstances that contributed to 
     the admission of a number of such nonimmigrants that is fewer 
     than 25 percent of that provided for by law.''.
       (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is 
     amended by adding at the end the following new paragraph:
       ``(5) To the extent required by law and if it is in the 
     interests of national security or the security of such 
     nonimmigrants that are admitted, as determined by the 
     Secretary of Homeland Security, the information contained in 
     a report described in paragraph (4)

[[Page S2643]]

     may be classified, and the Secretary of Homeland Security 
     shall, to the extent feasible, submit a non-classified 
     version of the report to the Committee on the Judiciary of 
     the House of Representatives and the Committee on the 
     Judiciary of the Senate.''.

     SEC. 411. L VISA LIMITATIONS.

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

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

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

               Subtitle B--Immigration Injunction Reform

     SEC. 421. SHORT TITLE.

       This subtitle may be cited as the ``Fairness in Immigration 
     Litigation Act of 2006''.

     SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

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

[[Page S2644]]

     SEC. 423. EFFECTIVE DATE.

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

                       TITLE V--BACKLOG REDUCTION

     SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
     worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 480,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year;
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     minus the number of visas issued under this subsection during 
     those fiscal years; and
       ``(B) the number of visas calculated under subparagraph (A) 
     that were issued after fiscal year 2005.''.
       (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--
       ``(1) In general.--Subject to paragraph (2), the worldwide 
     level of employment-based immigrants under this subsection 
     for a fiscal year is equal to the sum of--
       ``(A) 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. 502. 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. 503. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family-Sponsored 
     Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
     read as follows:
       ``(a) Preference Allocations for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allocated visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     quantity not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the class specified in 
     paragraph (4).
       ``(2) Spouses and unmarried sons and daughters of permanent 
     resident aliens.--
       ``(A) In general.--Visas in a quantity not to exceed 50 
     percent of such worldwide level plus any visas not required 
     for the class specified in paragraph (1) shall be allocated 
     to qualified immigrants who are--
       ``(i) the spouses or children of an alien lawfully admitted 
     for permanent residence; or
       ``(ii) the unmarried sons or daughters of an alien lawfully 
     admitted for permanent residence.
       ``(B) Minimum percentage.--Visas allocated to individuals 
     described in subparagraph (A)(i) shall constitute not less 
     than 77 percent of the visas allocated under this paragraph.
       ``(3) Married sons and daughters of citizens.--Qualified 
     immigrants who are the married sons and daughters of citizens 
     of the United States shall be allocated visas in a quantity 
     not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of a citizen of 
     the United States who is at least 21 years of age shall be 
     allocated visas in a quantity not to exceed 30 percent of the 
     worldwide level.''.
       (b) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``5 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--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 Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) 
     is repealed.

     SEC. 504. 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. 505. SHORTAGE OCCUPATIONS.

       (a) Exception to Direct Numerical Limitations.--Section 
     201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the 
     end the following new subparagraph:
       ``(F)(i) During the period beginning on the date of the 
     enactment the Comprehensive Immigration Reform Act of 2006 
     and ending on September 30, 2017, an alien--
       ``(I) who is otherwise described in section 203(b); and
       ``(II) who is seeking admission to the United States to 
     perform labor in shortage occupations designated by the 
     Secretary of Labor for blanket certification under section 
     212(a)(5)(A) due to the lack of sufficient United States 
     workers able, willing, qualified, and available for such 
     occupations and

[[Page S2645]]

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

     SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

       (a) Short Title.--This section may be cited as the ``Widows 
     and Orphans Act of 2006''.
       (b) New Special Immigrant Category.--
       (1) Certain children and women at risk of harm.--Section 
     101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L), by inserting a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(N) subject to subsection (j), an immigrant who is not 
     present in the United States--
       ``(i) who is--

       ``(I) referred to a consular, immigration, or other 
     designated official by a United States Government agency, an 
     international organization, or recognized nongovernmental 
     entity designated by the Secretary of State for purposes of 
     such referrals; and
       ``(II) determined by such official to be a minor under 18 
     years of age (as determined under subsection (j)(5))--

       ``(aa) for whom no parent or legal guardian is able to 
     provide adequate care;
       ``(bb) who faces a credible fear of harm related to his or 
     her age;
       ``(cc) who lacks adequate protection from such harm; and
       ``(dd) for whom it has been determined to be in his or her 
     best interests to be admitted to the United States; or
       ``(ii) who is--

       ``(I) referred to a consular or immigration official by a 
     United States Government agency, an international 
     organization or recognized nongovernmental entity designated 
     by the Secretary of State for purposes of such referrals; and
       ``(II) determined by such official to be a female who has--

       ``(aa) a credible fear of harm related to her sex; and
       ``(bb) a lack of adequate protection from such harm.''.
       (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is 
     amended by adding at the end the following:
       ``(j)(1) No natural parent or prior adoptive parent of any 
     alien provided special immigrant status under subsection 
     (a)(27)(N)(i) shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this Act.
       ``(2)(A) No alien who qualifies for a special immigrant 
     visa under subsection (a)(27)(N)(ii) may apply for derivative 
     status or petition for any spouse who is represented by the 
     alien as missing, deceased, or the source of harm at the time 
     of the alien's application and admission. The Secretary of 
     Homeland Security may waive this requirement for an alien who 
     demonstrates that the alien's representations regarding the 
     spouse were bona fide.
       ``(B) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) may apply for derivative status 
     or petition for any sibling under the age of 18 years or 
     children under the age of 18 years of any such alien, if 
     accompanying or following to join the alien. For purposes of 
     this subparagraph, a determination of age shall be made using 
     the age of the alien on the date the petition is filed with 
     the Department of Homeland Security.
       ``(3) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) shall be treated in the same 
     manner as a refugee solely for purposes of section 412.
       ``(4) The provisions of paragraphs (4), (5), and (7)(A) of 
     section 212(a) shall not be applicable to any alien seeking 
     admission to the United States under subsection (a)(27)(N), 
     and the Secretary of Homeland Security may waive any other 
     provision of such section (other than paragraph 2(C) or 
     subparagraph (A), (B), (C), or (E) of paragraph (3) with 
     respect to such an alien for humanitarian purposes, to assure 
     family unity, or when it is otherwise in the public interest. 
     Any such waiver by the Secretary of Homeland Security shall 
     be in writing and shall be granted only on an individual 
     basis following an investigation. The Secretary of Homeland 
     Security shall provide for the annual reporting to Congress 
     of the number of waivers granted under this paragraph in the 
     previous fiscal year and a summary of the reasons for 
     granting such waivers.
       ``(5) For purposes of subsection (a)(27)(N)(i)(II), a 
     determination of age shall be made using the age of the alien 
     on the date on which the alien was referred to the consular, 
     immigration, or other designated official.
       ``(6) The Secretary of Homeland Security shall waive any 
     application fee for a special immigrant visa for an alien 
     described in section 101(a)(27)(N).''.
       (3) Expedited process.--Not later than 45 days after the 
     date of referral to a consular, immigration, or other 
     designated official (as described in section 101(a)(27)(N) of 
     the Immigration and Nationality Act, as added by paragraph 
     (1))--
       (A) special immigrant status shall be adjudicated; and
       (B) if special immigrant status is granted, the alien shall 
     be paroled to the United States pursuant to section 212(d)(5) 
     of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for 
     adjustment of status to permanent residence under section 245 
     of that Act (8 U.S.C. 1255) within 1 year after the alien's 
     arrival in the United States.
       (4) Report to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary shall submit 
     a report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives on the progress of the implementation of this 
     section and the amendments made by this section, including--
       (A) data related to the implementation of this section and 
     the amendments made by this section;
       (B) data regarding the number of placements of females and 
     children who faces a credible fear of harm as referred to in 
     section 101(a)(27)(N) of the Immigration and Nationality Act, 
     as added by paragraph (1); and
       (C) any other information that the Secretary considers 
     appropriate.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection and the amendments made by this subsection.
       (c) Requirements for Aliens.--
       (1) Requirement prior to entry into the untied states.--
       (A) Database search.--An alien may not be admitted to the 
     United States unless the Secretary has ensured that a search 
     of each database maintained by an agency or department of the 
     United States has been conducted to determine whether such 
     alien is ineligible to be admitted to the Untied States on 
     criminal, security, or related grounds.
       (B) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph

[[Page S2646]]

     (A) is completed not later than 45 days after the date on 
     which an alien files a petition seeking a special immigration 
     visa under section 101(a)(27)(N) of the Immigration and 
     Nationality Act, as added by subsection (b)(1).
       (2) Requirement after entry into the united states.--
       (A) Requirement to submit fingerprints.--
       (i) In general.--Not later than 30 days after the date that 
     an alien enters the United States, the alien shall be 
     fingerprinted and submit to the Secretary such fingerprints 
     and any other personal biometric data required by the 
     Secretary.
       (ii) Other requirements.--The Secretary may prescribe 
     regulations that permit fingerprints submitted by an alien 
     under section 262 of the Immigration and Nationality Act (8 
     U.S.C. 1302) or any other provision of law to satisfy the 
     requirement to submit fingerprints of clause (i).
       (B) Database search.--The Secretary shall ensure that a 
     search of each database that contains fingerprints that is 
     maintained by an agency or department of the United States be 
     conducted to determine whether such alien is ineligible for 
     an adjustment of status under any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on 
     criminal, security, or related grounds.
       (C) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (B) is completed not later than 180 
     days after the date on which the alien enters the United 
     States.
       (D) Administrative and judicial review.--
       (i) In general.--There may be no review of a determination 
     by the Secretary, after a search required by subparagraph 
     (B), that an alien is ineligible for an adjustment of status, 
     under any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) on criminal, security, or related 
     grounds except as provided in this subparagraph.
       (ii) Administrative review.--An alien may appeal a 
     determination described in clause (i) through the 
     Administrative Appeals Office of the Bureau of Citizenship 
     and Immigration Services. The Secretary shall ensure that a 
     determination on such appeal is made not later than 60 days 
     after the date that the appeal is filed.
       (iii) Judicial review.--There may be no judicial review of 
     a determination described in clause (i).

     SEC. 507. STUDENT VISAS.

       (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 
     1101(a)(15)(F)) is amended--
       (1) in clause (i)--
       (A) by striking ``he has no intention of abandoning, who 
     is'' and inserting the following: ``except in the case of an 
     alien described in clause (iv), the alien has no intention of 
     abandoning, who is--
       ``(I)'';
       (B) by striking ``consistent with section 214(l)'' and 
     inserting ``(except for a graduate program described in 
     clause (iv)) consistent with section 214(m)'';
       (C) by striking the comma at the end and inserting the 
     following: ``; or
       ``(II) engaged in temporary employment for optional 
     practical training related to the alien's area of study, 
     which practical training shall be authorized for a period or 
     periods of up to 24 months;'';
       (2) in clause (ii)--
       (A) by inserting ``or (iv)'' after ``clause (i)''; and
       (B) by striking ``, and'' and inserting a semicolon;
       (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)(D), an alien may file an application for 
     adjustment of status under this section if--
       ``(A) the alien has been issued a visa or otherwise 
     provided nonimmigrant status under 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 $2,000 is remitted to the Secretary on 
     behalf of the alien.
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.''.
       (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. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

       (a) Aliens With Certain Advanced Degrees Not Subject to 
     Numerical Limitations on Employment Based Immigrants.--
       (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
     as amended by section 505, is amended by adding at the end 
     the following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and have been working in a 
     related field in the United States under a nonimmigrant visa 
     during the 3-year period preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1)(A) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(I) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply to any visa application--
       (A) pending on the date of the enactment of this Act; or
       (B) filed on or after such date of enactment.
       (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

[[Page S2647]]

       ``(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
       (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.

     TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED 
                              INDIVIDUALS

              Subtitle A--Conditional Nonimmigrant Workers

     SEC. 601. 218D CONDITIONAL NONIMMIGRANTS.

       (a) In General.--Title II (8 U.S.C. 1151 et seq.) is 
     amended by adding after section 218C, as added by section 405 
     of this Act, the following:

     ``SEC. 218D. CONDITIONAL NONIMMIGRANT WORK AUTHORIZATION AND 
                   STATUS.

       ``(a) In General.--The Secretary of Homeland Security shall 
     grant conditional nonimmigrant work authorization and status 
     to remain in the United States to an alien if the alien--
       ``(1) submits an application for such a grant; and
       ``(2) meets the requirements of this section.
       ``(b) Requirements.--
       ``(1) Presence; employment.--The alien establishes that the 
     alien--
       ``(A) was physically present in the United States before 
     January 7, 2004; and
       ``(B) was employed in the United States before January 7, 
     2004, and has been employed in the United States since that 
     date.
       ``(2) Evidence of employment.--
       ``(A) Conclusive documents.--An alien may conclusively 
     establish employment status in compliance with paragraph (1) 
     by submitting to the Secretary of Homeland Security records 
     demonstrating such employment maintained by--
       ``(i) the Social Security Administration, Internal Revenue 
     Service, or by any other Federal, State, or local government 
     agency;
       ``(ii) an employer; or
       ``(iii) a labor union, day labor center, or an organization 
     that assists workers in matters related to employment.
       ``(B) Other documents.--An alien who is unable to submit a 
     document described in clauses (i) through (iii) of 
     subparagraph (A) may satisfy the requirement in paragraph (1) 
     by submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     including--
       ``(i) bank records;
       ``(ii) business records;
       ``(iii) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work; or
       ``(iv) remittance records.
       ``(3) Intent of congress.--It is the intent of Congress 
     that the requirement in this subsection be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.
       ``(4) Burden of proof.--An alien described in paragraph (1) 
     who is applying for adjustment of status under this section 
     has the burden of proving by a preponderance of the evidence 
     that the alien has satisfied the requirements of this 
     subsection. An alien may meet such burden of proof by 
     producing sufficient evidence to demonstrate such employment 
     as a matter of reasonable inference.
       ``(c) Spouses and Children.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall--
       ``(1) adjust the status to that of a conditional 
     nonimmigrant under this section for, or provide a 
     nonimmigrant visa to, the spouse or child of an alien who is 
     provided nonimmigrant status under this section; or
       ``(2) adjust the status to that of a conditional 
     nonimmigrant under this section for an alien who, before 
     January 7, 2004, was the spouse or child of an alien who is 
     provided conditional nonimmigrant status under this section, 
     or is eligible for such status, if--
       ``(A) the termination of the qualifying relationship was 
     connected to domestic violence; and
       ``(B) the spouse or child has been battered or subjected to 
     extreme cruelty by the spouse or parent alien who is provided 
     conditional nonimmigrant status under this section.
       ``(d) Other Criteria.--
       ``(1) In general.--An alien may be granted conditional 
     nonimmigrant status under this section or granted status as 
     the spouse or child of an alien eligible for such status 
     under subsection (c), if the alien establishes that the 
     alien--
       ``(A) is not inadmissible to the United States under 
     section 212(a), except as provided in paragraph (2); and
       ``(B) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion.
       ``(2) Grounds of inadmissibility.--In determining an 
     alien's admissibility under paragraph (1)(A)--
       ``(A) paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
     (6)(G), (7), (9), and (10)(B) of section 212(a) shall not 
     apply;
       ``(B) the Secretary of Homeland Security may not waive--
       ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of 
     section 212(a)(2) (relating to criminals);
       ``(ii) section 212(a)(3) (relating to security and related 
     grounds); or
       ``(iii) subparagraph (A) or (C) of section 212(a)(10) 
     (relating to polygamists and child abductors);
       ``(C) for conduct that occurred before January 7, 2004, the 
     Secretary of Homeland Security may waive the application of 
     any provision of section 212(a) not listed in subparagraph 
     (B) on behalf of an individual alien for humanitarian 
     purposes, to ensure family unity, or when such waiver is 
     otherwise in the public interest; and
       ``(D) nothing in this paragraph shall be construed as 
     affecting the authority of the Secretary of Homeland Security 
     other than under this paragraph to waive the provisions of 
     section 212(a).
       ``(3) Applicability of other provisions.--Sections 240B(d) 
     and 241(a)(5) shall not apply to an alien who is applying for 
     adjustment of status in accordance with this title for 
     conduct that occurred before the date of enactment of the 
     Comprehensive Immigration Reform Act of 2006.
       ``(4) Special rules for minors and individuals who entered 
     as minors.--The employment requirements under this section 
     shall not apply to any alien under 21 years of age.
       ``(5) Education permitted.--An alien may satisfy the 
     employment requirements under this section, in whole or in 
     part, by full-time attendance at--
       ``(A) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)); or
       ``(B) a secondary school (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)).
       ``(e) Security and Law Enforcement Background Checks.--
       ``(1) Submission of fingerprints.--An alien may not be 
     granted conditional nonimmigrant status under this section, 
     or granted status as the spouse or child of an alien eligible 
     for such status under subsection (c), unless the alien 
     submits fingerprints in accordance with procedures 
     established by the Secretary of Homeland Security.
       ``(2) Background checks.--The Secretary of Homeland 
     Security shall utilize fingerprints and other data provided 
     by the alien to conduct a background check of such alien 
     relating to criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for a grant of conditional nonimmigrant status as described 
     in this section.
       ``(3) Expeditious processing.--The background checks 
     required under paragraph (2) shall be conducted as 
     expeditiously as possible.
       ``(f) Period of Authorized Stay and Application Fee and 
     Fine.--
       ``(1) Period of authorized stay.--
       ``(A) In general.--The period of authorized stay for a 
     conditional nonimmigrant described in this section shall be 6 
     years.
       ``(B) Limitation.--The Secretary of Homeland Security may 
     not authorize a change from such conditional nonimmigrant 
     classification to any other immigrant or nonimmigrant 
     classification until the termination of the 6-year period 
     described in subparagraph (A). The Secretary may only extend 
     such period to accommodate the processing of an application 
     for adjustment of status under section 245B.
       ``(2) Application fee.--The Secretary of Homeland Security 
     shall impose a fee for filing an application for a grant of 
     status under this section. Such fee shall be sufficient to 
     cover the administrative and other expenses incurred in 
     connection with the review of such applications.
       ``(3) Fines.--
       ``(A) In general.--In addition to the fee required under 
     paragraph (2), the Secretary of

[[Page S2648]]

     Homeland Security may accept an application for a grant of 
     status under this section only if the alien pays a $1,000 
     fine.
       ``(B) Exception.--Fines paid under this paragraph shall not 
     be required from an alien under the age of 21.
       ``(4) Collection of fees and fines.--All fees and fines 
     collected under this section shall be deposited in the 
     Treasury in accordance with section 286(w).
       ``(g) Treatment of Applicants.--
       ``(1) In general.--An alien who files an application under 
     this section, including the alien's spouse or child--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application for a grant of 
     status;
       ``(B) shall be granted permission to travel abroad;
       ``(C) may not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application for a grant of status, unless the alien, 
     through conduct or criminal conviction, becomes ineligible 
     for such grant of status; and
       ``(D) may not be considered an unauthorized alien (as 
     defined in section 274A) until employment authorization under 
     subparagraph (A) is denied.
       ``(2) Before application period.--If an alien is 
     apprehended after the date of the enactment of this section, 
     but before the promulgation of regulations pursuant to this 
     section, and the alien can establish prima facie eligibility 
     as a conditional nonimmigrant under this section, the 
     Secretary of Homeland Security shall provide the alien with a 
     reasonable opportunity, after promulgation of regulations, to 
     file an application for a grant of status.
       ``(3) During certain proceedings.--Notwithstanding any 
     provision of this Act, an alien who is in removal proceedings 
     shall have an opportunity to apply for a grant of status 
     under this title unless a final administrative determination 
     has been made.
       ``(4) Relationships of application to certain orders.--An 
     alien who is present in the United States and has been 
     ordered excluded, deported, removed, or ordered to depart 
     voluntarily from the United States under any provision of 
     this Act may, notwithstanding such order, apply for a grant 
     of status in accordance with this section. Such an alien 
     shall not be required to file a separate motion to reopen, 
     reconsider, or vacate the exclusion, deportation, removal, or 
     voluntary departure order. If the Secretary of Homeland 
     Security grants the application, the Secretary shall cancel 
     such order. If the Secretary of Homeland Security renders a 
     final administrative decision to deny the application, such 
     order shall be effective and enforceable to the same extent 
     as if the application had not been made.
       ``(h) Administrative and Judicial Review.--
       ``(1) Administrative review.--
       ``(A) Single level of administrative appellate review.--The 
     Secretary of Homeland Security shall establish an appellate 
     authority within the United States Citizenship and 
     Immigration Services to provide for a single level of 
     administrative appellate review of a determination respecting 
     an application for a grant of status under this section.
       ``(B) Standard for review.--Administrative appellate review 
     referred to in subparagraph (A) shall be based solely upon 
     the administrative record established at the time of the 
     determination on the application and upon the presentation of 
     additional or newly discovered evidence during the time of 
     the pending appeal.
       ``(2) Judicial review.--
       ``(A) In general.--There shall be judicial review in the 
     Federal courts of appeal of the denial of an application for 
     a grant of status under this section. Notwithstanding any 
     other provision of law, the standard for review of such a 
     denial shall be governed by subparagraph (B).
       ``(B) Standard for judicial review.--Judicial review of a 
     denial of an application under this section shall be based 
     solely upon the administrative record established at the time 
     of the review. The findings of fact and other determinations 
     contained in the record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record, considered as a whole.
       ``(C) Jurisdiction of courts.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the district courts of the United States shall have 
     jurisdiction over any cause or claim arising from a pattern 
     or practice of the Secretary of Homeland Security in the 
     operation or implementation of this section that is 
     arbitrary, capricious, or otherwise contrary to law, and may 
     order any appropriate relief.
       ``(ii) Remedies.--A district court may order any 
     appropriate relief under clause (i) if the court determines 
     that resolution of such cause or claim will serve judicial 
     and administrative efficiency or that a remedy would 
     otherwise not be reasonably available or practicable.
       ``(3) Stay of removal.--Aliens seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered 
     establishing ineligibility under this section.
       ``(i) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, no Federal agency or bureau, nor any officer, 
     employee, or agent of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under this section for any 
     purpose other than to make a determination on the 
     application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency or bureau to examine individual 
     applications.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security shall provide the information furnished pursuant to 
     an application filed under this section, and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a national security 
     investigation or prosecution, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
       ``(j) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for a 
     grant of status under this section and knowingly and 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
     any alien or other entity (including an employer or union) 
     that submits an employment record that contains incorrect 
     data that the alien used in order to obtain such employment 
     before, shall not, on that ground, be determined to have 
     violated this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 218C 
     the following:

``Sec. 218D. Conditional nonimmigrant work authorization and status.''.

     SEC. 602. ADJUSTMENT OF STATUS FOR SECTION 218D CONDITIONAL 
                   NONIMMIGRANTS.

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

     ``SEC. 245B. ADJUSTMENT OF STATUS OF SECTION 218D CONDITIONAL 
                   NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR 
                   LAWFUL PERMANENT RESIDENCE.

       ``(a) Requirements.--The Secretary of Homeland Security 
     shall adjust the status of an alien from conditional 
     nonimmigrant status under section 218D to that of an alien 
     lawfully admitted for permanent residence under this section 
     if the alien satisfies the following requirements:
       ``(1) Completion of employment or education requirement.--
     The alien establishes that the alien has been employed in the 
     United States, either full time, part time, seasonally, or 
     self-employed, or has met the education requirements of 
     section 218D(d)(5) during the period required by section 
     218D(b)(1)(B).
       ``(2) Application and fee.--The alien who applies for 
     adjustment of status under this section pays the following 
     fees:
       ``(A) Application fee.--An alien who files an application 
     under this section shall pay an application fee, set by the 
     Secretary.
       ``(B) Additional fee.--Before the adjudication of an 
     application for adjustment of status filed under this 
     section, an alien who is at least 21 years of age shall pay a 
     fee of $1,000.
       ``(3) Admissible under immigration laws.--The alien 
     establishes that the alien is not inadmissible under section 
     212(a), except for any provision of that section that is not 
     applicable or waived under section 218D(d)(2).
       ``(4) Medical examination.--The alien undergoes, at the 
     alien's expense, an appropriate medical examination 
     (including a determination of immunization status) that 
     conforms to generally accepted professional standards of 
     medical practice.
       ``(5) Payment of income taxes.--
       ``(A) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of all Federal income taxes owed for employment 
     during the period of employment required by section 
     218D(b)(1)(B) by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been met; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

[[Page S2649]]

       ``(B) IRS cooperation.--The Commissioner of Internal 
     Revenue shall provide documentation to an alien upon request 
     to establish the payment of all income taxes required by this 
     paragraph.
       ``(6) Basic citizenship skills.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the alien establishes that the alien--
       ``(i) meets the requirements of section 312; or
       ``(ii) is satisfactorily pursuing a course of study to 
     achieve such an understanding of English and knowledge and 
     understanding of the history and government of the United 
     States.
       ``(B) Relation to naturalization examination.--An alien who 
     demonstrates that the alien meets the requirements of section 
     312 may be considered to have satisfied the requirements of 
     that section for purposes of becoming naturalized as a 
     citizen of the United States under title III.
       ``(7) Security and law enforcement background checks.--The 
     Secretary shall conduct a security and law enforcement 
     background check in accordance with procedures described in 
     section 218D(e) with respect to each alien requesting 
     adjusting of status under this section.
       ``(8) Military selective service.--The alien shall 
     establish that if the alien is within the age period required 
     under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.), that such alien has registered under that Act.
       ``(b) Treatment of Spouses and Children.--
       ``(1) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall--
       ``(A) adjust the status to that of a lawful permanent 
     resident under this section, or provide an immigrant visa to 
     the spouse or child of an alien who adjusts status to that of 
     a permanent resident under this section; or
       ``(B) adjust the status to that of a lawful permanent 
     resident under this section for an alien who was the spouse 
     or child of an alien who adjusts status or is eligible to 
     adjust status to that of a permanent resident under section 
     245B in accordance with subsection (a), if--
       ``(i) the termination of the qualifying relationship was 
     connected to domestic violence; and
       ``(ii) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     to that of a permanent resident under this section.
       ``(2) Application of other law.--In acting on applications 
     filed under this subsection with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(c) Rulemaking.--The Secretary shall establish 
     regulations for the timely filing and processing of 
     applications for adjustment of status for conditional 
     nonimmigrants under section 218D.
       ``(d) Judicial Review; Confidentiality; Penalties.--
     Subsections (h), (i), and (j) of section 218D shall apply to 
     this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 245A 
     the following:

``Sec. 245B. Adjustment of status of section 218D conditional 
              nonimmigrant to that of person admitted for lawful 
              permanent residence.''.

     SEC. 603. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

       Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended--
       (1) in subparagraph (A), by striking ``subparagraph (A) or 
     (B) of''; and
       (2) by adding at the end the following:
       ``(F) Aliens whose status is adjusted from the status 
     described in section 218D.''.

     SEC. 604. EMPLOYER PROTECTIONS.

       (a) Immigration Status of Alien.--Employers of aliens 
     applying for adjustment of status under section 245B of the 
     Immigration and Nationality Act, as added by this title, or a 
     grant of status under section 218D of such Act, as added by 
     this title, shall not be subject to civil and criminal tax 
     liability relating directly to the employment of such alien 
     prior to such alien receiving employment authorization under 
     this title.
       (b) Provision of Employment Records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under section 245B of the 
     Immigration and Nationality Act or a grant of status under 
     218D of such Act or any other application or petition 
     pursuant to any other immigration law, shall not be subject 
     to civil and criminal liability under section 274A of such 
     Act for employing such unauthorized aliens.
       (c) Applicability of Other Law.--Nothing in this section 
     may be used to shield an employer from liability under 
     section 274B of the Immigration and Nationality Act (8 U.S.C. 
     1324b) or any other labor or employment law.

     SEC. 605. LIMITATION ON ADJUSTMENT OF STATUS FOR ALIENS 
                   GRANTED CONDITIONAL NONIMMIGRANT WORK 
                   AUTHORIZATION.

       (a) Requirement to Process Pending Applications for 
     Permanent Residence.--The Secretary may not adjust the status 
     of an alien granted conditional nonimmigrant work 
     authorization under section 218D of the Immigration and 
     Nationality Act, as added by this title, to that of lawful 
     permanent resident under section 245B of such Act, as added 
     by this title, until the Secretary determines that the 
     priority dates have become current for the class of aliens 
     whose family-based or employment-based petitions for 
     permanent residence were pending on the date of the enactment 
     of this Act.
       (b) Requirement to Eliminate Visa Backlog.--If the backlog 
     of applications for family-based and employment-based 
     immigrant visas is not eliminated within 6 years following 
     the date of the enactment of this Act, as predicted under the 
     formulas set out in title V and the amendments made by such 
     title, the Secretary shall hold in abeyance an application 
     submitted by an alien granted conditional nonimmigrant work 
     authorization under section 218D of the Immigration and 
     Nationality Act, for adjustment of status to that of a lawful 
     permanent resident under section 245B of such Act, until the 
     priority dates for the petitions and applications for family-
     based and employment-based visas pending on the date of the 
     enactment of this Act become current.

     SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary such sums as may be necessary to carry out this 
     subtitle and the amendments made by this subtitle.
       (b) Availability of Funds.--Funds appropriated pursuant 
     subsection (a) shall remain available until expended.
       (c) Sense of Congress.--It is the sense of Congress that 
     funds authorized to be appropriated under subsection (a) 
     should be directly appropriated so as to facilitate the 
     orderly and timely commencement of the processing of 
     applications filed under sections 218D and 245B of the 
     Immigration and Nationality Act, as added by this Act.

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

     SEC. 611. SHORT TITLE.

       This subtitle may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2006'' or the 
     ``AgJOBS Act of 2006''.

     SEC. 612. DEFINITIONS.

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

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

     SEC. 613. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer blue card status upon an 
     alien who qualifies under this subsection if the Secretary 
     determines that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days, whichever is 
     less, during the 24-month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence

[[Page S2650]]

     abroad) in the same manner as an alien lawfully admitted for 
     permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this subtitle that the alien is 
     deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $100.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (b) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers blue card status upon that 
     alien.
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least--

       (I) 5 years of agricultural employment in the United 
     States, for at least 100 work days or 575 hours, but in no 
     case less than 575 hours per year, during the 5-year period 
     beginning on the date of the enactment of this Act; or
       (II) 3 years of agricultural employment in the United 
     States, for at least 150 work days or 863 hours, but in no 
     case less than 863 hours per year, during the 5-year period 
     beginning on the date of the enactment of this Act.

       (ii) Proof.--An alien may demonstrate compliance with the 
     requirement under clause (i) by submitting--

       (I) the record of employment described in subsection 
     (a)(5); or
       (II) such documentation as may be submitted under 
     subsection (d)(3).

       (iii) Extraordinary circumstances.--In determining whether 
     an alien has met the requirement under clause (i)(I), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement under clause (i) if 
     the alien was unable to work in agricultural employment due 
     to--

       (I) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (II) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records; or
       (III) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time.

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $400.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the blue card status 
     granted such alien, if--

[[Page S2651]]

       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to blue card status was the result of 
     fraud or willful misrepresentation, as described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (C) Grounds for removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     subsection before the expiration of the application period 
     described in subparagraph (A)(iv), or who fails to meet the 
     other requirements of subparagraph (A) by the end of the 
     applicable period, is deportable and may be removed under 
     section 240 of the Immigration and Nationality Act (8 U.S.C. 
     1229a).
       (D) Payment of income taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this subsection, the alien 
     shall establish the payment of all Federal income taxes owed 
     for employment during the period of employment required under 
     paragraph (1)(A) by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been met; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) IRS cooperation.--The Commissioner of Internal Revenue 
     shall provide documentation to an alien upon request to 
     establish the payment of all income taxes required under this 
     paragraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted blue 
     card status, if the spouse or minor child applies for such 
     status, or if the principal alien includes the spouse or 
     minor child in an application for adjustment of status to 
     that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--
       (i) Removal.--The spouse and any minor child of an alien 
     granted blue card status may not be removed while such alien 
     maintains such status, except as provided in subparagraph 
     (C).
       (ii) Travel.--The spouse and any minor child of an alien 
     granted blue card status may travel outside the United States 
     in the same manner as an alien lawfully admitted for 
     permanent residence.
       (iii) Employment.--The spouse of an alien granted blue card 
     status may apply to the Secretary for a work permit to 
     authorize such spouse to engage in any lawful employment in 
     the United States while such alien maintains blue card 
     status.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.
       (d) Applications.--
       (1) To whom may be made.--The Secretary shall provide 
     that--
       (A) applications for blue card status may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney or a non-profit religious, 
     charitable, social service, or similar organization 
     recognized by the Board of Immigration Appeals under section 
     292.2 of title 8, Code of Federal Regulations; or
       (ii) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and
       (B) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 89-732, 
     Public Law 95-145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this 
     subtitle as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) or (c)(1)(A) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (a)(1) or (c)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (a)(1)(A) or (c)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (a)(1)(A) or 
     (c)(1)(A) by producing sufficient evidence to show the extent 
     of that employment as a matter of just and reasonable 
     inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Secretary. Upon the request of the alien, a qualified 
     designated entity shall assist the alien in obtaining 
     documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department, or a bureau or agency of the 
     Department, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department, or a bureau or agency of the 
     Department, or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes

[[Page S2652]]

     or uses any false writing or document knowing the same to 
     contain any false, fictitious, or fraudulent statement or 
     entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (a) and (c).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (a)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     blue card status (but for the fact that the alien may not 
     apply for such status until the beginning of such period), 
     until the alien has had the opportunity during the first 30 
     days of the application period to complete the filing of an 
     application for blue card status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for blue card status during the application 
     period described in subsection (a)(1)(B), including an alien 
     who files such an application within 30 days of the alien's 
     apprehension, and until a final determination on the 
     application has been made in accordance with this section, 
     the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2007 through 2010.

     SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(d)(1) of the Social Security 
     Act (42 U.S.C. 408(d)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted blue card status under the 
     Agricultural Job Opportunity, Benefits, and Security Act of 
     2006,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted blue card status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

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

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

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

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

       ``(a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect

[[Page S2653]]

     to a job opportunity that is covered under a collective 
     bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218E to all workers employed 
     in the job opportunities for which the employer has applied 
     under subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer seeks approval to employ H-2A workers.
       ``(E) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218E through 218G.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.

[[Page S2654]]

       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.''; 
     and
       (2) by inserting after section 218D, as added by section 
     601 of this Act, the following:

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

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this clause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(iii) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied

[[Page S2655]]

     for workers, not less (and is not required to pay more) than 
     the greater of the prevailing wage in the occupation in the 
     area of intended employment or the adverse effect wage rate. 
     No worker shall be paid less than the greater of the hourly 
     wage prescribed under section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable 
     State minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Agricultural Job Opportunities, Benefits, and Security 
     Act of 2006 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to this section before the first 
     March 1 that is not less than 3 years after the date of 
     enactment of this section, the adverse effect wage rate for 
     each State beginning on such March 1 shall be the wage rate 
     that would have resulted if the adverse effect wage rate in 
     effect on January 1, 2003, had been annually adjusted, 
     beginning on March 1, 2006, by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(ii) Subsequent annual adjustments.--Beginning on the 
     first March 1 that is not less than 4 years after the date of 
     enactment of this section, and each March 1 thereafter, the 
     adverse effect wage rate then in effect for each State shall 
     be adjusted by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than December 
     31, 2008, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) 4 representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) 4 representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than December 31, 2008, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `three-fourths guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including but not limited to a flood, hurricane, 
     freeze, earthquake, fire, drought, plant or animal disease or 
     pest infestation, or regulatory drought, before the guarantee 
     in subparagraph (A) is fulfilled, the employer may terminate 
     the worker's employment. In the event of such termination, 
     the employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker. If such 
     transfer is not effected, the employer shall provide the 
     return transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an

[[Page S2656]]

     arrangement of, or participation in, such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218F shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.

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

       ``(a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218E, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--

[[Page S2657]]

       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, or Dairy Workers.--Notwithstanding any 
     provision of the Agricultural Job Opportunities, Benefits, 
     and Security Act of 2006, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, or dairy worker--
       ``(1) may be admitted for an initial period of 12 months;
       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, or Dairy 
     Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of an eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)((3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition, shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary of Homeland 
     Security shall extend the stay of an eligible alien having a 
     pending or approved classification petition described in 
     paragraph (2) in 1-year increments until a final 
     determination is made on the alien's eligibility for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

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

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (H). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a

[[Page S2658]]

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

[[Page S2659]]

     private right of action under subsection (c) regarding the 
     denial of the rights enumerated under subsection (b), or has 
     testified or is about to testify in any court proceeding 
     brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218E, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218H. DEFINITIONS.

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

``Sec. 218. H-2A employer applications.''; and

       (2) by inserting after the item relating to section 218D, 
     as added by section 601 of this Act, the following:

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

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

     SEC. 616. DETERMINATION AND USE OF USER FEES.

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

     SEC. 617. REGULATIONS.

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

     SEC. 618. REPORT TO CONGRESS.

       Not later than September 30 of each year, the Secretary 
     shall submit a report to Congress that identifies, for the 
     previous year--

[[Page S2660]]

       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218F(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218F(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 613(a);
       (5) the number of such aliens whose status was adjusted 
     under section 613(a);
       (6) the number of aliens who applied for permanent 
     residence pursuant to section 613(c); and
       (7) the number of such aliens who were approved for 
     permanent residence pursuant section 613(c).

     SEC. 619. EFFECTIVE DATE.

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

                         Subtitle C--DREAM Act

     SEC. 621. SHORT TITLE.

       This subtitle may be cited as the ``Development, Relief, 
     and Education for Alien Minors Act of 2006'' or the ``DREAM 
     Act of 2006''.

     SEC. 622. DEFINITIONS.

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

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

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

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

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

     SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     626, an alien whose status has been adjusted under section 
     624 to that of an alien lawfully admitted for permanent 
     residence shall be considered to have obtained such status on 
     a conditional basis subject to the provisions of this 
     section. Such conditional permanent resident status shall be 
     valid for a period of 6 years, subject to termination under 
     subsection (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary shall provide for 
     notice to the alien regarding the provisions of this section 
     and the requirements of subsection (c) to have the 
     conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary to provide a notice under this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this subtitle with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (b) Termination of Status.--
       (1) In general.--The Secretary shall terminate the 
     conditional permanent resident status of any alien who 
     obtained such status under this subtitle, if the Secretary 
     determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 624(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.
       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this subtitle.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary, in accordance with paragraph (3), a petition which 
     requests the removal of such conditional basis and which 
     provides, under penalty of perjury, the facts and information 
     so that the Secretary may make the determination described in 
     paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary shall make a 
     determination as to whether the alien meets the requirements 
     set out in subparagraphs (A) through (E) of subsection 
     (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.

[[Page S2661]]

       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary in accordance with this 
     subtitle. The alien shall be deemed in conditional permanent 
     resident status in the United States during the period in 
     which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary to determine whether each of the following 
     requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 624(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of all of the secondary 
     educational institutions that the alien attended in the 
     United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary may, in the Secretary's 
     discretion, remove the conditional status of an alien if the 
     alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in paragraph 
     (1)(D); and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     may extend the period of the conditional resident status for 
     the purpose of completing the requirements described in 
     paragraph (1)(D).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must be 
     removed before the alien may apply for naturalization.

     SEC. 626. RETROACTIVE BENEFITS.

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

     SEC. 627. EXCLUSIVE JURISDICTION.

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

     SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

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

     SEC. 629. CONFIDENTIALITY OF INFORMATION.

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

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

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

     SEC. 631. HIGHER EDUCATION ASSISTANCE.

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

     SEC. 632. GAO REPORT.

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

       Subtitle D--Grant Programs to Assist Nonimmigrant Workers

     SEC. 641. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY 
                   TRAINING.

       (a) Grants Authorized.--The Assistant Attorney General, 
     Office of Justice Programs, may award grants to qualified 
     non-profit community organizations to educate, train, and 
     support non-profit agencies, immigrant communities, and other 
     interested entities regarding the provisions of this Act and 
     the amendments made by this Act.
       (b) Use of Funds.--
       (1) In general.--Grants awarded under this section shall be 
     used--
       (A) for public education, training, technical assistance, 
     government liaison, and all

[[Page S2662]]

     related costs (including personnel and equipment) incurred by 
     the grantee in providing services related to this Act; and
       (B) to educate, train, and support nonprofit organizations, 
     immigrant communities, and other interested parties regarding 
     this Act and the amendments made by this Act and on matters 
     related to its implementation.
       (2) Education.--In addition to the purposes described in 
     paragraph (1), grants awarded under this section shall be 
     used to--
       (A) educate immigrant communities and other interested 
     entities regarding--
       (i) the individuals and organizations that can provide 
     authorized legal representation in immigration matters under 
     regulations prescribed by the Secretary; and
       (ii) the dangers of securing legal advice and assistance 
     from those who are not authorized to provide legal 
     representation in immigration matters;
       (B) educate interested entities regarding the requirements 
     for obtaining nonprofit recognition and accreditation to 
     represent immigrants under regulations prescribed by the 
     Secretary;
       (C) provide nonprofit agencies with training and technical 
     assistance on the recognition and accreditation process; and
       (D) educate nonprofit community organizations, immigrant 
     communities, and other interested entities regarding--
       (i) the process for obtaining benefits under this Act or 
     under an amendment made by this Act; and
       (ii) the availability of authorized legal representation 
     for low-income persons who may qualify for benefits under 
     this Act or under an amendment made by this Act.
       (c) Diversity.--The Assistant Attorney General shall 
     ensure, to the extent possible, that the nonprofit community 
     organizations receiving grants under this section serve 
     geographically diverse locations and ethnically diverse 
     populations who may qualify for benefits under the Act.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office of Justice Programs of the 
     Department of Justice such sums as may be necessary for each 
     of the fiscal years 2007 through 2009 to carry out this 
     section.

     SEC. 642. FUNDING FOR THE OFFICE OF CITIZENSHIP.

       (a) Authorization.--The Secretary, acting through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, is authorized to establish the United States 
     Citizenship and Immigration Foundation (referred to in this 
     subtitle as the ``Foundation'').
       (b) Purpose.--The Foundation shall be incorporated in the 
     District of Columbia, exclusively for charitable and 
     educational purposes to support the functions of the Office 
     of Citizenship of the Bureau of Citizenship and Immigration 
     Services.
       (c) Gifts.--
       (1) To foundation.--The Foundation may solicit, accept, and 
     make gifts of money and other property in accordance with 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (2) From foundation.--The Office of Citizenship may accept 
     gifts from the Foundation to support the functions of the 
     Office.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the mission of the Office of Citizenship.

     SEC. 643. CIVICS INTEGRATION GRANT PROGRAM.

       (a) In General.--The Secretary shall establish a 
     competitive grant program to provide financial assistance to 
     nonprofit organizations, including faith-based organizations, 
     to support--
       (1) efforts by entities certified by the Office of 
     Citizenship to provide civics and English as a second 
     language courses; and
       (2) other activities approved by the Secretary to promote 
     civics and English as a second language.
       (b) Acceptance of Gifts.--The Secretary may accept and use 
     gifts from the Foundation for grants under this section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3193. Mr. ALEXANDER (for himself, Mr. Cornyn, Mr. Isakson, Mr. 
Cochran, Mr. Santorum, Mr. Frist, Mr. McConnell, and Mr. McCain) 
submitted an amendment intended to be proposed to amendment SA 3192 
submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the 
bill S. 2454, to amend the Immigration and Nationality Act to provide 
for comprehensive reform and for other purposes; as follows:

       At the appropriate place, insert the following:

     SECTION 644. STRENGTHENING AMERICAN CITIZENSHIP.

       (a) Short Title.--This section may be cited as the 
     ``Strengthening American Citizenship Act of 2006''.
       (b) Definition.--In this section, the term ``Oath of 
     Allegiance'' means the binding oath (or affirmation) of 
     allegiance required to be naturalized as a citizen of the 
     United States, as prescribed in section 337(e) of the 
     Immigration and Nationality Act, as added by subsection 
     (h)(1)(B).
       (c) English Fluency.--
       (1) Education grants.--
       (A) Establishment.--The Chief of the Office of Citizenship 
     of the Department (referred to in this paragraph as the 
     ``Chief'') shall establish a grant program to provide grants 
     in an amount not to exceed $500 to assist legal residents of 
     the United States who declare an intent to apply for 
     citizenship in the United States to meet the requirements 
     under section 312 of the Immigration and Nationality Act (8 
     U.S.C. 1423).
       (B) Use of funds.--Grant funds awarded under this paragraph 
     shall be paid directly to an accredited institution of higher 
     education or other qualified educational institution (as 
     determined by the Chief) for tuition, fees, books, and other 
     educational resources required by a course on the English 
     language in which the legal resident is enrolled.
       (C) Application.--A legal resident desiring a grant under 
     this paragraph shall submit an application to the Chief at 
     such time, in such manner, and accompanied by such 
     information as the Chief may reasonably require.
       (D) Priority.--If insufficient funds are available to award 
     grants to all qualified applicants, the Chief shall give 
     priority based on the financial need of the applicants.
       (E) Notice.--The Secretary, upon relevant registration of a 
     legal resident with the Department, shall notify such legal 
     resident of the availability of grants under this paragraph 
     for legal residents who declare an intent to apply for United 
     States citizenship.
       (2) Faster citizenship for english fluency.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) A legal resident of the United States who 
     demonstrates English fluency, in accordance with regulations 
     prescribed by the Secretary of Homeland Security, in 
     consultation with the Secretary of State, will satisfy the 
     residency requirement under subsection (a) upon the 
     completion of 4 years of continuous legal residency in the 
     United States.''.
       (3) Savings provision.--Nothing in this subsection shall be 
     construed to--
       (A) modify the English language requirements for 
     naturalization under section 312(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1423(a)(1)); or
       (B) influence the naturalization test redesign process of 
     the Office of Citizenship (except for the requirement under 
     subsection (h)(2)).
       (d) American Citizenship Grant Program.--
       (1) In general.--The Secretary shall establish a 
     competitive grant program to provide financial assistance 
     for--
       (A) efforts by entities (including veterans and patriotic 
     organizations) certified by the Office of Citizenship to 
     promote the patriotic integration of prospective citizens 
     into the American way of life by providing civics, history, 
     and English as a second language courses, with a specific 
     emphasis on attachment to principles of the Constitution of 
     the United States, the heroes of American history (including 
     military heroes), and the meaning of the Oath of Allegiance; 
     and
       (B) other activities approved by the Secretary to promote 
     the patriotic integration of prospective citizens and the 
     implementation of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), including grants--
       (i) to promote an understanding of the form of government 
     and history of the United States; and
       (ii) to promote an attachment to the principles of the 
     Constitution of the United States and the well being and 
     happiness of the people of the United States.
       (2) Acceptance of gifts.--The Secretary may accept and use 
     gifts from the United States Citizenship Foundation, if the 
     foundation is established under subsection (e), for grants 
     under this subsection.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (e) Funding for the Office of Citizenship.--
       (1) Authorization.--The Secretary, acting through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, is authorized to establish the United States 
     Citizenship Foundation (referred to in this subsection as the 
     ``Foundation''), an organization duly incorporated in the 
     District of Columbia, exclusively for charitable and 
     educational purposes to support the functions of the Office 
     of Citizenship.
       (2) Dedicated funding.--
       (A) In general.--Not less than 1.5 percent of the funds 
     made available to the Bureau of Citizenship and Immigration 
     Services (including fees and appropriated funds) shall be 
     dedicated to the functions of the Office of Citizenship, 
     which shall include the patriotic integration of prospective 
     citizens into--
       (i) American common values and traditions, including an 
     understanding of American history and the principles of the 
     Constitution of the United States; and
       (ii) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.
       (B) Sense of congress.--It is the sense of Congress that 
     dedicating increased funds to the Office of Citizenship 
     should not result in an increase in fees charged by the 
     Bureau of Citizenship and Immigration Services.
       (3) Gifts.--
       (A) To foundation.--The Foundation may solicit, accept, and 
     make gifts of money and other property in accordance with 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (B) From foundation.--The Office of Citizenship may accept 
     gifts from the Foundation to support the functions of the 
     Office.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such

[[Page S2663]]

     sums as may be necessary to carry out the mission of the 
     Office of Citizenship, including the functions described in 
     paragraph (2)(A).
       (f) Restriction on Use of Funds.--No funds appropriated to 
     carry out a program under this subsection (d) or (e) may be 
     used to organize individuals for the purpose of political 
     activism or advocacy.
       (g) Reporting Requirement.--
       (1) In general.--The Chief of the Office of Citizenship 
     shall submit an annual report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on Education 
     and the Workforce of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a list of the entities that have received funds from 
     the Office of Citizenship during the reporting period under 
     this section and the amount of funding received by each such 
     entity;
       (B) an evaluation of the extent to which grants received 
     under this section successfully promoted an understanding 
     of--
       (i) the English language; and
       (ii) American history and government, including the heroes 
     of American history, the meaning of the Oath of Allegiance, 
     and an attachment to the principles of the Constitution of 
     the United States; and
       (C) information about the number of legal residents who 
     were able to achieve the knowledge described under paragraph 
     (2) as a result of the grants provided under this section.
       (h) Oath or Affirmation of Renunciation and Allegiance.--
       (1) Revision of oath.--Section 337 (8 U.S.C. 1448) is 
     amended--
       (A) in subsection (a), by striking ``under section 310(b) 
     an oath'' and all that follows through ``personal moral 
     code.'' and inserting ``under section 310(b), the oath (or 
     affirmation) of allegiance prescribed in subsection (e).''; 
     and
       (B) by adding at the end the following:
       ``(e)(1) Subject to paragraphs (2) and (3), the oath (or 
     affirmation) of allegiance prescribed in this subsection is 
     as follows: `I take this oath solemnly, freely, and without 
     any mental reservation. I absolutely and entirely renounce 
     all allegiance to any foreign state or power of which I have 
     been a subject or citizen. My fidelity and allegiance from 
     this day forward are to the United States of America. I will 
     bear true faith and allegiance to the Constitution and laws 
     of the United States, and will support and defend them 
     against all enemies, foreign and domestic. I will bear arms, 
     or perform noncombatant military or civilian service, on 
     behalf of the United States when required by law. This I do 
     solemnly swear, so help me God.'.
       ``(2) If a person, by reason of religious training and 
     belief (or individual interpretation thereof) or for other 
     reasons of good conscience, cannot take the oath prescribed 
     in paragraph (1)--
       ``(A) with the term `oath' included, the term `affirmation' 
     shall be substituted for the term `oath'; and
       ``(B) with the phrase `so help me God' included, the phrase 
     `so help me God' shall be omitted.
       ``(3) If a person shows by clear and convincing evidence to 
     the satisfaction of the Attorney General that such person, by 
     reason of religious training and belief, cannot take the oath 
     prescribed in paragraph (1)--
       ``(A) because such person is opposed to the bearing of arms 
     in the Armed Forces of the United States, the words `bear 
     arms, or' shall be omitted; and
       ``(B) because such person is opposed to any type of service 
     in the Armed Forces of the United States, the words `bear 
     arms, or' and `noncombatant military or' shall be omitted.
       ``(4) As used in this subsection, the term `religious 
     training and belief'--
       ``(A) means a belief of an individual in relation to a 
     Supreme Being involving duties superior to those arising from 
     any human relation; and
       ``(B) does not include essentially political, sociological, 
     or philosophical views or a merely personal moral code.
       ``(5) Any reference in this title to `oath' or `oath of 
     allegiance' under this section shall be deemed to refer to 
     the oath (or affirmation) of allegiance prescribed under this 
     subsection.''.
       (2) History and government test.--The Secretary shall 
     incorporate a knowledge and understanding of the meaning of 
     the Oath of Allegiance into the history and government test 
     given to applicants for citizenship.
       (3) Notice to foreign embassies.--Upon the naturalization 
     of a new citizen, the Secretary, in cooperation with the 
     Secretary of State, shall notify the embassy of the country 
     of which the new citizen was a citizen or subject that such 
     citizen has--
       (A) renounced allegiance to that foreign country; and
       (B) sworn allegiance to the United States.
       (4) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date that is 6 months after the date 
     of enactment of this Act.
       (i) Establishment of New Citizens Award Program.--
       (1) Establishment.--There is established a new citizens 
     award program to recognize citizens who--
       (A) have made an outstanding contribution to the United 
     States; and
       (B) were naturalized during the 10-year period ending on 
     the date of such recognition.
       (2) Presentation authorized.--
       (A) In general.--The President is authorized to present a 
     medal, in recognition of outstanding contributions to the 
     United States, to citizens described in paragraph (1).
       (B) Maximum number of awards.--Not more than 10 citizens 
     may receive a medal under this subsection in any calendar 
     year.
       (3) Design and striking.--The Secretary of the Treasury 
     shall strike a medal with suitable emblems, devices, and 
     inscriptions, to be determined by the President.
       (4) National medals.--The medals struck pursuant to this 
     subsection are national medals for purposes of chapter 51 of 
     title 31, United States Code.
       (j) Naturalization Ceremonies.--
       (1) In general.--The Secretary, in consultation with the 
     Director of the National Park Service, the Archivist of the 
     United States, and other appropriate Federal officials, shall 
     develop and implement a strategy to enhance the public 
     awareness of naturalization ceremonies.
       (2) Venues.--In developing the strategy under this 
     subsection, the Secretary shall consider the use of 
     outstanding and historic locations as venues for select 
     naturalization ceremonies.
       (3) Reporting requirement.--The Secretary shall submit an 
     annual report to Congress that includes--
       (A) the content of the strategy developed under this 
     subsection; and
       (B) the progress made towards the implementation of such 
     strategy.
                                 ______
                                 
  SA 3194. Ms. MIKULSKI submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

   TITLE __--CITIZENSHIP ASSISTANCE FOR MEMBERS OF THE ARMED SERVICES

     SEC. __01. SHORT TITLE.

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

     SEC. __02. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS 
                   OF THE ARMED FORCES.

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

     SEC. __03. PROVISION OF INFORMATION ON NATURALIZATION TO 
                   MEMBERS OF THE ARMED FORCES.

       (a) Citizenship Advocate.--The Secretary of Defense shall 
     establish the position of Citizenship Advocate at each 
     Military Entry Processing Station to provide information and 
     assistance related to the naturalization process to members 
     of the Armed Forces. An individual serving as a Citizenship 
     Advocate may be a civilian.
       (b) Written Materials.--The Secretary of Defense shall 
     ensure that written information describing the naturalization 
     process for members of the Armed Forces is provided to each 
     individual who is not a citizen of the United States at the 
     time that the individual enlists in the Armed Forces.
       (c) Telephone Hot Line.--The Secretary shall--
       (1) establish a dedicated toll free telephone service 
     available only to members of the Armed Forces and the 
     families of such members to provide information related to 
     naturalization pursuant to section 328 or 329 of the 
     Immigration and Nationality Act (8 U.S.C. 1439 or 1440), 
     including the status of an application for such 
     naturalization;
       (2) ensure that the telephone service required by paragraph 
     (1) is operated by employees of the Department who--
       (A) have received specialized training on the 
     naturalization process for members of the Armed Forces and 
     the families of such members; and
       (B) are physically located in the same unit as the military 
     processing unit that adjudicates applications for 
     naturalization pursuant to such section 328 or 329; and
       (3) implement a quality control program to monitor, on a 
     regular basis, the accuracy and quality of information 
     provided by the employees who operate the telephone service 
     required by paragraph (1), including the breadth of the 
     knowledge related to the naturalization process of such 
     employees.

     SEC. __04. PROVISION OF INFORMATION ON NATURALIZATION TO THE 
                   PUBLIC.

       Not later than 30 days after the date that a modification 
     to any law or regulation related to the naturalization 
     process becomes

[[Page S2664]]

     effective, the Secretary shall update the appropriate 
     application form for naturalization, the instructions and 
     guidebook for obtaining naturalization, and the Internet 
     website maintained by the Secretary to reflect such 
     modification.

     SEC. __05. REPORTS.

       (a) Adjudication Process.--Not later than 120 days after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     congressional committees a report on the entire process for 
     the adjudication of an application for naturalization filed 
     pursuant to section 328 or 329 of the Immigration and 
     Nationality Act (8 U.S.C. 1439 or 1440), including the 
     process that begins at the time the application is mailed to, 
     or received by, the Secretary, regardless of whether the 
     Secretary determines that such application is complete, 
     through the final disposition of such application. Such 
     report shall include shall include a description of--
       (1) the methods of the Secretary and the Secretary of 
     Defense to prepare, handle, and adjudicate such applications;
       (2) the effectiveness of the chain of authority, 
     supervision, and training of employees of the Government or 
     of other entities, including contract employees, who have any 
     role in the such process or adjudication; and
       (3) the ability of the Secretary and the Secretary of 
     Defense to use technology to facilitate or accomplish any 
     aspect of such process or adjudication.
       (b) Implementation.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the implementation of this title by 
     the Secretary and the Secretary of Defense, including 
     studying any technology that may be used to improve the 
     efficiency of the naturalization process for members of the 
     Armed Forces.
       (2) Report.--Not later than 180 days after the date that 
     the Comptroller General submits the report required by 
     subsection (a), the Comptroller General shall submit to the 
     appropriate congressional committees a report on the study 
     required by paragraph (1). The report shall include any 
     recommendations of the Comptroller General for improving the 
     implementation of this title by the Secretary or the 
     Secretary of Defense.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     the Judiciary of the House of Representatives.
                                 ______
                                 
  SA 3195. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 11, strike lines 4 through 7 and insert the 
     following:
       (b) Unmanned Aerial Vehicles and Associated 
     Infrastructure.--The Secretary shall acquire and maintain MQ-
     9 unmanned aerial vehicles for use on the border, including 
     related equipment such as--
       (1) additional sensors;
       (2) critical spares;
       (3) satellite command and control; and
       (4) other necessary equipment for operational support.
       (c) Authorization of Appropriations.--
       (1) Border control facilities.--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).
       (2) Unmanned aerial vehicles.--
       (A) In general.--There are authorized to be appropriated to 
     the Secretary to carry out subsection (b)--
       (i) $178,400,000 for fiscal year 2007; and
       (ii) $276,000,000 for fiscal year 2008.
       (B) Availability of funds.--Amounts appropriated pursuant 
     to subparagraph (A) shall remain available until expended.
                                 ______
                                 
  SA 3196. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY CERTIFICATION.

       Notwithstanding any other provision of law, beginning on 
     the date of the enactment of this Act, the Secretary may not 
     implement a new H-2C guest worker program, a new conditional 
     nonimmigrant work authorization program, or any similar or 
     subsequent program authorizing the employment of alien 
     workers until the Secretary provides written certification to 
     the President and the Congress that the borders of the United 
     States are reasonably sealed and secured.
                                 ______
                                 
  SA 3197. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 13, between lines 20 and 21, insert the following:

     SEC. 107. STATE AND LOCAL GRANTS.

       (a) Grants Authorized.--The Secretary shall award 
     competitive grants to eligible State, local, and tribal law 
     enforcement agencies to provide financial assistance for 
     costs related to border security activities, including 
     efforts to combat criminal activity within the jurisdiction 
     of such agencies.
       (b) Use of Funds.--Grants awarded under this section shall 
     be used to provide additional resources for law enforcement 
     agencies to combat criminal activity occurring near the 
     border, including--
       (1) law enforcement technologies;
       (2) equipment, such as police-type vehicles, all-terrain 
     vehicles, firearms, sensors, cameras, and lighting, and 
     maintenance for such equipment;
       (3) computer equipment; and
       (4) such other resources that may be available to assist 
     the law enforcement agency with border security.
       (c) Application.--A law enforcement agency desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (d) Selection Criteria.--In selecting grant recipients 
     under this section, the Secretary shall give priority to 
     applicants providing law enforcement for jurisdictions that--
       (1) are close to the border;
       (2) have small populations;
       (3) have more felony criminal cases filed per United States 
     district court judge;
       (4) are located in States with more undocumented aliens, 
     based on the most recent decennial census; or
       (5) are located in States with more undocumented alien 
     apprehensions in the most recent fiscal year.
       (e) 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 this section.
                                 ______
                                 
  SA 3198. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 7, between lines 12 and 13, insert the following:
       (3) Employment of retired law enforcement officers.--
       (A) Study.--The Secretary shall conduct a study of the 
     feasibility of hiring, on a part-time basis, retired Federal 
     law enforcement officers to supplement the capabilities of 
     the Bureau of Customs and Border Protection and the Bureau of 
     Immigration and Customs Enforcement.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report, 
     in classified form, if necessary, to the appropriate 
     congressional committees. The report shall include--
       (i) the results of the study conducted under subparagraph 
     (A); and
       (ii) a plan to implement a program that employs retired 
     Federal law enforcement officers for border security, if the 
     Secretary determines that such plan is feasible.
       (C) Implementation.--If the Secretary determines that the 
     plan described in subparagraph (B)(ii) is feasible, the 
     Secretary shall implement the plan not later than 90 days 
     after the submission of the report to Congress under 
     subparagraph (B).
       (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 this paragraph.
                                 ______
                                 
  SA 3199. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 7, line 13, strike ``(b)'' and insert the 
     following:
       (b) Recruitment and Retention Program.--
       (1) Implementation.--The Secretary shall conduct a 5-year 
     program to facilitate the recruitment and retention of agents 
     within the Bureau of Customs and Border Protection and the 
     Bureau of Immigration and Customs Enforcement.
       (2) Report.--Not less frequently than once every 90 days 
     during the 5-year period of the program authorized under 
     paragraph (1), the Secretary shall submit a report on the 
     results and progress of the program, in classified form, if 
     necessary, to the appropriate congressional committees.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to

[[Page S2665]]

     the Secretary such sums as may be necessary for each of the 
     fiscal years 2007 through 2011 to carry out this subsection.
       (c)
                                 ______
                                 
  SA 3200. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 11, strike lines 4 through 7 and insert the 
     following:
       (b) Federal Law Enforcement Training Center Infrastructure 
     Improvements.--The Secretary shall make necessary 
     improvements to the following law enforcement training 
     facilities:
       (1) The Federal Law Enforcement Training Center in Glynco, 
     Georgia.
       (2) The residential training sites located in Artesia, New 
     Mexico and Charleston, South Carolina.
       (3) The inservice requalification training facility located 
     in Cheltenham, Maryland.
       (c) 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 this section.
                                 ______
                                 
  SA 3201. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 11, strike lines 4 through 7 and insert the 
     following:
       (b) Detention Facilities.--
       (1) Construction.--The Attorney General shall plan, 
     construct, maintain, and acquire additional detention 
     facilities for the purpose of immigration detention and 
     removal.
       (2) Use of closed or unused military installations.--The 
     Secretary, in consultation with the Secretary of Defense, 
     shall conduct a study of the feasibility of using military 
     installations designated for closure or realignment as 
     possible immigration detention facilities.
       (c) 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.
                                 ______
                                 
  SA 3202. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel, to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 11, strike lines 13 through 20 and insert the 
     following:

     SEC. 105. PORTS OF ENTRY.

       (a) Construction; Improvements.--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.
       (b) Infrastructure Report.--The Administrator of General 
     Services shall submit an annual report to Congress that--
       (1) describes the status of the infrastructure at ports of 
     entry into the United States; and
       (2) identifies projects to improve security at such ports 
     of entry.
       (c) Vulnerability Report.--Not less frequently than once 
     every 6 months, the Secretary shall submit a report, in 
     classified form if necessary, to the appropriate 
     congressional committees on vulnerabilities at ports of entry 
     into the United States.
       (d) Demonstration Programs.--The Secretary shall establish 
     demonstration programs to evaluate and assess border security 
     and port of entry technologies.
       (e) 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.
                                 ______
                                 
  SA 3203. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.

       (a) Review.--The Secretary, in consultation with the 
     Secretary of State, shall conduct a comprehensive review of 
     the immigration procedures in existence as of the date of the 
     enactment of this Act.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report, in classified form, if necessary, that--
       (1) identifies inefficient immigration procedures; and
       (2) outlines a plan to improve the efficiency and 
     responsiveness of the immigration process.
                                 ______
                                 
  SA 3204. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL LANGUAGE ACT OF 2006.

       (a) Short Title.--This section may be cited as the 
     ``National Language Act of 2006''.
       (b) English as Official Language.--
       (1) In general.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec
``161. Declaration of official language
``162. Official Government activities in English
``163. Preserving and enhancing the role of the official language
``164. Exceptions

     ``Sec. 161. Declaration of official language

       ``English shall be the official language of the Government 
     of the United States.

     ``Sec. 162. Official government activities in English

       ``The Government of the United States shall conduct its 
     official business in English, including publications, income 
     tax forms, and informational materials.

     ``Sec. 163. Preserving and enhancing the role of the official 
       language

       ``The Government of the United States shall preserve and 
     enhance the role of English as the official language of the 
     United States of America. Unless specifically stated in 
     applicable law, no person has a right, entitlement, or claim 
     to have the Government of the United States or any of its 
     officials or representatives act, communicate, perform or 
     provide services, or provide materials in any language other 
     than English. If exceptions are made, that does not create a 
     legal entitlement to additional services in that language or 
     any language other than English. If any forms are issued by 
     the Federal government in a language other than English (or 
     such forms are completed in a language other than English), 
     the English language version of the form is the sole 
     authority for all legal purposes.
                                 ______
                                 
  SA 3205. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 54, after line 23, add the following:

         Subtitle E--National Border Neighborhood Watch Program

     SEC. 151. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

       The Commissioner of the United States Customs and Border 
     Protection (referred to in this subtitle as the ``USCBP'') 
     shall establish a National Border Neighborhood Watch Program 
     (referred to in this subtitle as the ``NBNW Program'') to 
     permit retired law enforcement officers and civilian 
     volunteers to combat illegal immigration into the United 
     States.

     SEC. 152. BRAVE FORCE.

       (a) Establishment.--There is established in the USCBP a 
     Border Regiment Assisting in Valuable Enforcement Force 
     (referred to in this subtitle as ``BRAVE Force''), which 
     shall consist of retired law enforcement officers, to carry 
     out the NBNW Program.
       (b) Retired Law Enforcement Officer Defined.--In this 
     section, the term ``retired law enforcement officer'' means 
     an individual who--
       (1) has retired from employment as a Federal, State, or 
     local law enforcement officer; and
       (2) has not reached the Social Security retirement age (as 
     defined in section 216(l) of the Social Security Act (42 
     U.S.C. 416(l)).
       (c) Effect on Personnel Caps.--Employees of BRAVE Force 
     hired to carry out the NBNW Program shall be considered as 
     additional agents and shall not count against the USCBP 
     personnel limits.
       (d) Retired Annuitants.--An employee of BRAVE Force who has 
     worked for the Federal Government shall be considered a 
     rehired annuitant and shall have no reduction in annuity as a 
     result of salary payment for such employees' service in the 
     NBNW Program.

     SEC. 153. CIVILIAN VOLUNTEERS.

       (a) In General.--The USCBP shall provide the opportunity 
     for civilian volunteers to assist in carrying out the 
     purposes of the NBNW Program.

[[Page S2666]]

       (b) Organization.--Not less than 3 civilian volunteers in 
     the NBNW Program may report to each employee of BRAVE Force.
       (c) Reporting.--A civilian volunteer shall report a 
     violation of Federal immigration law to the appropriate 
     employee of BRAVE Force as soon as possible after observing 
     such violation.
       (d) Reimbursement.--A civilian volunteer participating in 
     the NBNW Program shall be eligible for reimbursement by the 
     USCBP for expenses related to carrying out the duties of the 
     NBNW Program.

     SEC. 154. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN 
                   VOLUNTEERS.

       (a) Civilians.--A civilian volunteer participating in the 
     NBNW Program shall not be entitled to any immunity from 
     personal liability by virtue of the volunteer's participation 
     in the NBNW Program.
       (b) Employees.--An employee of the BRAVE Force shall not be 
     liable for the actions of a civilian volunteer participating 
     in the NBNW Program.

     SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 3206. Mr. KYL (for himself and Mr. Cornyn) proposed an amendment 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; as follows:

       On page 329, line 11, insert ``(other than subparagraph 
     (C)(i)(II) of such paragraph (9))'' after ``212(a)''.
       On page 330, strike lines 10 through 15, and insert the 
     following:
       ``(3) Ineligibility.--An alien is ineligible for 
     conditional nonimmigrant work authorization and status under 
     this section if--
       ``(A) the alien is subject to a final order of removal 
     under section 217, 235, 238, or 240;
       ``(B) the alien failed to depart the United States during 
     the period of a voluntary departure order entered under 
     section 240B;
       ``(C) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(D) the alien has been convicted of any felony or three 
     or more misdemeanors; or
                                 ______
                                 
  SA 3207. Mr. CORNYN proposed an amendment to amendment SA 3206 
proposed by Mr. Kyl (for himself and Mr. Cornyn) to the amendment SA 
3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) 
to the bill S. 2454, to amend the Immigration and Nationality Act to 
provide for comprehensive reform and for other purposes; as follows:

       At the end of the amendment add the following:
       This provision shall become effective 1 day after 
     enactment.
                                 ______
                                 
  SA 3208. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY CERTIFICATION.

       Notwithstanding any other provision of law, beginning on 
     the date of the enactment of this Act, the Secretary may not 
     implement a new H-2C guest worker program, a new conditional 
     nonimmigrant work authorization program, any Title IV 
     provisions, or any similar or subsequent program authorizing 
     the employment of alien workers until the Secretary provides 
     written certification to the President and the Congress that 
     the borders of the United States are reasonably sealed and 
     secured, and that Title I border security provisions are 
     implemented.
                                 ______
                                 
  SA 3209. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Short Title.--This section may be cited as the 
     ``Immigrant Accountability Act of 2006''.
       (b) Adjustment of Status.--
       (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et 
     seq.) is amended by inserting after section 245A the 
     following:

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

       ``(a) Adjustment of Status.--
       ``(1) Principal aliens.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall 
     adjust to the status of an alien lawfully admitted for 
     permanent residence, an alien who satisfies the following 
     requirements:
       ``(A) Application.--The alien shall file an application 
     establishing eligibility for adjustment of status and pay the 
     fine required under subsection (m) and any additional amounts 
     owed under that subsection.
       ``(B) Continuous physical presence.--
       ``(i) In general.--The alien shall establish that the 
     alien--

       ``(I) was physically present in the United States on or 
     before the date that is 5 years before the date of 
     introduction of the Immigrant Accountability Act of 2006;
       ``(II) was not legally present in the United States on such 
     date of introduction; and
       ``(III) did not depart from the United States during the 5-
     year period ending on such date of introduction, except for 
     brief, casual, and innocent departures.

       ``(ii) Legally present.--For purposes of this subparagraph, 
     an alien who has violated any conditions of his or her visa 
     shall be considered not to be legally present in the United 
     States.
       ``(C) Admissible under immigration laws.--The alien shall 
     establish that the alien is not inadmissible under section 
     212(a) except for any provision of that section that is 
     waived under subsection (b) of this section.
       ``(D) Employment in united states.--
       ``(i) In general.--The alien shall have been employed in 
     the United States, in the aggregate, for--

       ``(I) at least 3 years during the 5-year period ending on 
     the date of introduction of the Immigrant Accountability Act 
     of 2006; and
       ``(II) at least 6 years after the date of enactment of such 
     Act.

       ``(ii) Exceptions.--

       ``(I) The employment requirement in clause (i)(I) shall not 
     apply to an individual who is under 20 years of age on the 
     date of enactment of the Immigrant Accountability Act of 
     2006.
       ``(II) The employment requirement in clause (i)(II) shall 
     be reduced for an individual who cannot demonstrate 
     employment based on a physical or mental disability or as a 
     result of pregnancy.
       ``(III) The employment requirement in clause (i)(II) shall 
     be reduced for an individual who is under 20 years of age on 
     the date of enactment of the Immigrant Accountability Act of 
     2006 by a period of time equal to the time period beginning 
     on such date of enactment and ending on the date on which the 
     individual reaches 20 years of age.
       ``(IV) The employment requirements in clause (i) shall be 
     reduced by 1 year for each year of full time post-secondary 
     study in the United States during the relevant period.

       ``(iii) Portability.--An alien shall not be required to 
     complete the employment requirements in clause (i) with the 
     same employer.
       ``(iv) Evidence of employment.--

       ``(I) Conclusive documents.--For purposes of satisfying the 
     requirements in clause (i), the alien shall submit at least 2 
     of the following documents for each period of employment, 
     which shall be considered conclusive evidence of such 
     employment:

       ``(aa) Records maintained by the Social Security 
     Administration.
       ``(bb) Records maintained by an employer, such as pay 
     stubs, time sheets, or employment work verification.
       ``(cc) Records maintained by the Internal Revenue Service.
       ``(dd) Records maintained by a union or day labor center.
       ``(ee) Records maintained by any other government agency, 
     such as worker compensation records, disability records, or 
     business licensing records.

       ``(II) Other documents.--Aliens unable to submit documents 
     described in subclause (I) shall submit at least 3 other 
     types of reliable documents, including sworn declarations, 
     for each period of employment to satisfy the requirement in 
     clause (i).
       ``(III) Intent of congress.--It is the intent of Congress 
     that the requirement in clause (i) be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.

       ``(v) Burden of proof.--An alien applying for adjustment of 
     status under this subsection has the burden of proving by a 
     preponderance of the evidence that the alien has satisfied 
     the employment requirements in clause (i). An alien may 
     satisfy such burden of proof by producing sufficient evidence 
     to show the extent of that employment as a matter of just and 
     reasonable inference. Once the burden is met, the burden 
     shall shift to the Secretary of Homeland Security to disprove 
     the alien's evidence with a showing which negates the 
     reasonableness of the inference to be drawn from the 
     evidence.
       ``(E) Payment of income taxes.--Not later than the date on 
     which status is adjusted under this subsection, the alien 
     shall establish the payment of all Federal and State income 
     taxes owed for employment during the period of employment 
     required under subparagraph (D)(i). The alien may satisfy 
     such requirement by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been met; or

[[Page S2667]]

       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service and with the department of revenue of each State to 
     which taxes are owed.
       ``(F) Basic citizenship skills.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien shall demonstrate that the alien either--

       ``(I) meets the requirements of section 312(a) (relating to 
     minimal understanding of ordinary English and a knowledge and 
     understanding of the history and Government of the United 
     States); or
       ``(II) is satisfactorily pursuing a course of study, 
     recognized by the Secretary of Homeland Security, to achieve 
     such understanding of English and the history and Government 
     of the United States.

       ``(ii) Exceptions.--

       ``(I) Mandatory.--The requirements of clause (i) shall not 
     apply to any person who is unable to comply with those 
     requirements because of a physical or developmental 
     disability or mental impairment.
       ``(II) Discretionary.--The Secretary of Homeland Security 
     may waive all or part of the requirements of clause (i) in 
     the case of an alien who is 65 years of age or older as of 
     the date of the filing of the application for adjustment of 
     status.

       ``(G) Security and law enforcement clearances.--The alien 
     shall submit fingerprints in accordance with procedures 
     established by the Secretary of Homeland Security. Such 
     fingerprints shall be submitted to relevant Federal agencies 
     to be checked against existing databases for information 
     relating to criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for adjustment of status under this subsection. The relevant 
     Federal agencies shall work to ensure that such clearances 
     are completed within 90 days of the submission of 
     fingerprints. An appeal of a security clearance determination 
     by the Secretary of Homeland Security shall be processed 
     through the Department of Homeland Security.
       ``(H) Military selective service.--The alien shall 
     establish that if the alien is within the age period required 
     under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.) that such alien has registered under that Act.
       ``(I) Adjustment of status.--An alien may not adjust to an 
     immigrant classification under this section until after the 
     earlier of--
       ``(i) the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of this 
     section; or
       ``(ii) 8 years after the date of enactment of this section.
       ``(2) Spouses and children.--
       ``(A) In general.--
       ``(i) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall, 
     if otherwise eligible under subparagraph (B), adjust the 
     status to that of a lawful permanent resident for--

       ``(I) the spouse, or child who was under 21 years of age on 
     the date of enactment of the Immigrant Accountability Act of 
     2006, of an alien who adjusts status or is eligible to adjust 
     status to that of a permanent resident under paragraph (1); 
     or
       ``(II) an alien who, within 5 years preceding the date of 
     enactment of the Immigrant Accountability Act of 2006, was 
     the spouse or child of an alien who adjusts status to that of 
     a permanent resident under paragraph (1), if--

       ``(aa) the termination of the qualifying relationship was 
     connected to domestic violence; or
       ``(bb) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     or is eligible to adjust status to that of a permanent 
     resident under paragraph (1).
       ``(ii) Application of other law.--In acting on applications 
     filed under this paragraph with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(B) Grounds of inadmissibility not applicable.--In 
     establishing admissibility to the United States, the spouse 
     or child described in subparagraph (A) shall establish that 
     they are not inadmissible under section 212(a), except for 
     any provision of that section that is waived under subsection 
     (b) of this section.
       ``(C) Security and law enforcement clearance.--The spouse 
     or child, if that child is 14 years of age or older, 
     described in subparagraph (A) shall submit fingerprints in 
     accordance with procedures established by the Secretary of 
     Homeland Security. Such fingerprints shall be submitted to 
     relevant Federal agencies to be checked against existing 
     databases for information relating to criminal, national 
     security, or other law enforcement actions that would render 
     the alien ineligible for adjustment of status under this 
     subsection. The relevant Federal agencies shall work to 
     ensure that such clearances are completed within 90 days of 
     the submission of fingerprints. An appeal of a denial by the 
     Secretary of Homeland Security shall be processed through the 
     Department of Homeland Security.
       ``(3) Nonapplicability of numerical limitations.--When an 
     alien is granted lawful permanent resident status under this 
     subsection, the number of immigrant visas authorized to be 
     issued under any provision of this Act shall not be reduced.
       ``(b) Grounds of Inadmissibility.--
       ``(1) Applicable provisions.--In the determination of an 
     alien's admissibility under paragraphs (1)(C) and (2) of 
     subsection (a), the following provisions of section 212(a) 
     shall apply and may not be waived by the Secretary of 
     Homeland Security under paragraph (3)(A):
       ``(A) Paragraph (1) (relating to health).
       ``(B) Paragraph (2) (relating to criminals).
       ``(C) Paragraph (3) (relating to security and related 
     grounds).
       ``(D) Subparagraphs (A) and (C) of paragraph (10) (relating 
     to polygamists and child abductors).
       ``(2) Grounds of inadmissibility not applicable.--The 
     provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
     (6)(G), (7), (9), and (10)(B) of section 212(a) shall not 
     apply to an alien who is applying for adjustment of status 
     under subsection (a).
       ``(3) Waiver of other grounds.--
       ``(A) In general.--Except as provided in paragraph (1), the 
     Secretary of Homeland Security may waive any provision of 
     section 212(a) in the case of individual aliens for 
     humanitarian purposes, to ensure family unity, or when it is 
     otherwise in the public interest.
       ``(B) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary of 
     Homeland Security, other than under this subparagraph, to 
     waive the provisions of section 212(a).
       ``(4) Special rule for determination of public charge.--An 
     alien is not ineligible for adjustment of status under 
     subsection (a) by reason of a ground of inadmissibility under 
     section 212(a)(4) if the alien establishes a history of 
     employment in the United States evidencing self-support 
     without public cash assistance.
       ``(5) Special rule for individuals where there is no 
     commercial purpose.--An alien is not ineligible for 
     adjustment of status under subsection (a) by reason of a 
     ground of inadmissibility under section 212(a)(6)(E) if the 
     alien establishes that the action referred to in that section 
     was taken for humanitarian purposes, to ensure family unity, 
     or was otherwise in the public interest.
       ``(6) Applicability of other provisions.--Section 241(a)(5) 
     and section 240B(d) shall not apply with respect to an alien 
     who is applying for adjustment of status under subsection 
     (a).
       ``(c) Treatment of Applicants.--
       ``(1) In general.--An alien who files an application under 
     subsection (a)(1)(A) for adjustment of status, including a 
     spouse or child who files for adjustment of status under 
     subsection (b)--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application for adjustment 
     of status;
       ``(B) shall be granted permission to travel abroad pursuant 
     to regulation pending final adjudication of the alien's 
     application for adjustment of status;
       ``(C) shall not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application for adjustment of status, unless the 
     alien commits an act which renders the alien ineligible for 
     such adjustment of status; and
       ``(D) shall not be considered an unauthorized alien as 
     defined in section 274A(h)(3) until such time as employment 
     authorization under subparagraph (A) is denied.
       ``(2) Document of authorization.--The Secretary of Homeland 
     Security shall provide each alien described in paragraph (1) 
     with a counterfeit-resistant document of authorization that--
       ``(A) meets all current requirements established by the 
     Secretary of Homeland Security for travel documents, 
     including the requirements under section 403 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note); and
       ``(B) reflects the benefits and status set forth in 
     paragraph (1).
       ``(3) Security and law enforcement clearance.--Before an 
     alien is granted employment authorization or permission to 
     travel under paragraph (1), the alien shall be required to 
     undergo a name check against existing databases for 
     information relating to criminal, national security, or other 
     law enforcement actions. The relevant Federal agencies shall 
     work to ensure that such name checks are completed not later 
     than 90 days after the date on which the name check is 
     requested.
       ``(4) Termination of proceedings.--An alien in removal 
     proceedings who establishes prima facie eligibility for 
     adjustment of status under subsection (a) shall be entitled 
     to termination of the proceedings pending the outcome of the 
     alien's application, unless the removal proceedings are based 
     on criminal or national security grounds.
       ``(d) Apprehension Before Application Period.--The 
     Secretary of Homeland Security shall provide that in the case 
     of an alien who is apprehended before the beginning of the 
     application period described in subsection (a) and who can 
     establish prima facie eligibility to have the alien's status 
     adjusted under that subsection (but for the fact that the 
     alien may not apply for such adjustment until the beginning 
     of such period), until the alien has had the opportunity 
     during the first 180 days of the application period to 
     complete the filing of an application for adjustment, the 
     alien may not be removed from the United States unless the 
     alien is removed on the basis that the alien has engaged in 
     criminal conduct or is a threat to the national security of 
     the United States.

[[Page S2668]]

       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     section, no Federal agency or bureau, nor any officer or 
     employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a national security 
     investigation or prosecution, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
       ``(f) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person to--
       ``(i) file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, conceal, or cover up a material fact or 
     make any false, fictitious, or fraudulent statements or 
     representations, or make or use any false writing or document 
     knowing the same to contain any false, fictitious, or 
     fraudulent statement or entry; or
       ``(ii) create or supply a false writing or document for use 
     in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, or imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States.
       ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
     any alien or other entity (including an employer or union) 
     that submits an employment record that contains incorrect 
     data that the alien used in order to obtain such employment, 
     shall not have violated this subsection.
       ``(g) Ineligibility for Public Benefits.--For purposes of 
     section 403 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an 
     alien whose status has been adjusted in accordance with 
     subsection (a) shall not be eligible for any Federal means-
     tested public benefit unless the alien meets the alien 
     eligibility criteria for such benefit under title IV of such 
     Act (8 U.S.C. 1601 et seq.).
       ``(h) Relationships of Application to Certain Orders.--
       ``(1) In general.--An alien who is present in the United 
     States and has been ordered excluded, deported, removed, or 
     to depart voluntarily from the United States or is subject to 
     reinstatement of removal under any provision of this Act may, 
     notwithstanding such order, apply for adjustment of status 
     under subsection (a). Such an alien shall not be required, as 
     a condition of submitting or granting such application, to 
     file a separate motion to reopen, reconsider, or vacate the 
     exclusion, deportation, removal or voluntary departure order. 
     If the Secretary of Homeland Security grants the application, 
     the order shall be canceled. If the Secretary of Homeland 
     Security renders a final administrative decision to deny the 
     application, such order shall be effective and enforceable. 
     Nothing in this paragraph shall affect the review or stay of 
     removal under subsection (j).
       ``(2) Stay of removal.--The filing of an application 
     described in paragraph (1) shall stay the removal or 
     detainment of the alien pending final adjudication of the 
     application, unless the removal or detainment of the alien is 
     based on criminal or national security grounds.
       ``(i) Application of Other Provisions.--Nothing in this 
     section shall preclude an alien who may be eligible to be 
     granted adjustment of status under subsection (a) from 
     seeking such status under any other provision of law for 
     which the alien may be eligible.
       ``(j) Administrative and Judicial Review.--
       ``(1) In general.--Except as provided in this subsection, 
     there shall be no administrative or judicial review of a 
     determination respecting an application for adjustment of 
     status under subsection (a).
       ``(2) Administrative review.--
       ``(A) Single level of administrative appellate review.--The 
     Secretary of Homeland Security shall establish an appellate 
     authority to provide for a single level of administrative 
     appellate review of a determination respecting an application 
     for adjustment of status under subsection (a).
       ``(B) Standard for review.--Administrative appellate review 
     referred to in subparagraph (A) shall be based solely upon 
     the administrative record established at the time of the 
     determination on the application and upon the presentation of 
     additional or newly discovered evidence during the time of 
     the pending appeal.
       ``(3) Judicial review.--
       ``(A) Direct review.--A person whose application for 
     adjustment of status under subsection (a) is denied after 
     administrative appellate review under paragraph (2) may seek 
     review of such denial, in accordance with chapter 7 of title 
     5, United States Code, before the United States district 
     court for the district in which the person resides.
       ``(B) Review after removal proceedings.--There shall be 
     judicial review in the Federal courts of appeal of the denial 
     of an application for adjustment of status under subsection 
     (a) in conjunction with judicial review of an order of 
     removal, deportation, or exclusion, but only if the validity 
     of the denial has not been upheld in a prior judicial 
     proceeding under subparagraph (A). Notwithstanding any other 
     provision of law, the standard for review of such a denial 
     shall be governed by subparagraph (C).
       ``(C) Standard for judicial review.--Judicial review of a 
     denial of an application under this section shall be based 
     solely upon the administrative record established at the time 
     of the review. The findings of fact and other determinations 
     contained in the record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record, considered as a whole.
       ``(4) Stay of removal.--Aliens seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered 
     establishing ineligibility under this section, unless such 
     removal is based on criminal or national security grounds.
       ``(k) Dissemination of Information on Adjustment Program.--
     During the 12 months following the issuance of final 
     regulations in accordance with subsection (o), the Secretary 
     of Homeland Security, in cooperation with approved entities, 
     approved by the Secretary of Homeland Security, shall broadly 
     disseminate information respecting adjustment of status under 
     this section and the requirements to be satisfied to obtain 
     such status. The Secretary of Homeland Security shall also 
     disseminate information to employers and labor unions to 
     advise them of the rights and protections available to them 
     and to workers who file applications under this section. Such 
     information shall be broadly disseminated, in the languages 
     spoken by the top 15 source countries of the aliens who would 
     qualify for adjustment of status under this section, 
     including to television, radio, and print media such aliens 
     would have access to.
       ``(l) Employer Protections.--
       ``(1) Immigration status of alien.--Employers of aliens 
     applying for adjustment of status under this section shall 
     not be subject to civil and criminal tax liability relating 
     directly to the employment of such alien.
       ``(2) Provision of employment records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under this section or any other 
     application or petition pursuant to other provisions of the 
     immigration laws, shall not be subject to civil and criminal 
     liability pursuant to section 274A for employing such 
     unauthorized aliens.
       ``(3) Applicability of other law.--Nothing in this 
     subsection shall be used to shield an employer from liability 
     pursuant to section 274B or any other labor and employment 
     law provisions.
       ``(m) Authorization of Funds; Fines.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of Homeland 
     Security such sums as are necessary to commence the 
     processing of applications filed under this section.
       ``(2) Fine.--An alien who files an application under this 
     section shall pay a fine commensurate with levels charged by 
     the Department of Homeland Security for other applications 
     for adjustment of status.
       ``(3) Additional amounts owed.--Prior to the adjudication 
     of an application for adjustment of status filed under this 
     section, the alien shall pay an amount equaling $2,000, but 
     such amount shall not be required from an alien under the age 
     of 18.
       ``(4) Use of amounts collected.--The Secretary of Homeland 
     Security shall deposit payments received under this 
     subsection in the Immigration Examinations Fee Account, and 
     these payments in such account shall be available, without 
     fiscal year limitation, such that--
       ``(A) 80 percent of such funds shall be available to the 
     Department of Homeland Security for border security purposes;
       ``(B) 10 percent of such funds shall be available to the 
     Department of Homeland Security for implementing and 
     processing applications under this section; and
       ``(C) 10 percent of such funds shall be available to the 
     Department of Homeland Security and the Department of State 
     to cover administrative and other expenses incurred in 
     connection with the review of applications filed by immediate 
     relatives as a result of the amendments made by title II of 
     the Immigrant Accountability Act of 2006.
       ``(n) Mandatory Departure and Reentry.--Any alien who is 
     physically present in the United States on the date of 
     introduction of the Immigrant Accountability Act of

[[Page S2669]]

     2006 who seeks to adjust status under this section but does 
     not satisfy the requirements of subparagraph (B) or (D) of 
     subsection (a)(1) shall be eligible to depart the United 
     States and to seek admission as a nonimmigrant or immigrant 
     alien as described in section 245C.
       ``(o) Issuance of Regulations.--Not later than 120 days 
     after the date of enactment of the Immigrant Accountability 
     Act of 2006, the Secretary of Homeland Security shall issue 
     regulations to implement this section.''.
       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.) is amended by inserting after the item relating 
     to section 245A the following:

``245B. Access to Earned Adjustment.''.

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

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

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--An alien desiring an adjustment of 
     status under subsection (a) shall meet the following 
     requirements:
       ``(1) Presence.--The alien shall establish that the alien--
       ``(A) was physically present in the United States on the 
     date of introduction of the Immigrant Accountability Act of 
     2006;
       ``(B) has been continuously in the United States since such 
     date, except for brief, casual, and innocent departures; and
       ``(C) was not legally present in the United States on that 
     date under any classification set forth in section 
     101(a)(15).
       ``(2) Employment.--
       ``(A) In general.--The alien shall establish that the 
     alien--
       ``(i) was employed in the United States, whether full time, 
     part time, seasonally, or self-employed, before the date on 
     which the Secure America and Orderly Immigration Act was 
     introduced; and
       ``(ii) has been employed in the United States since that 
     date.
       ``(B) Evidence of employment.--
       ``(i) In general.--An alien may conclusively establish 
     employment status in compliance with subparagraph (A) by 
     submitting to the Secretary of Homeland Security records 
     demonstrating such employment maintained by--

       ``(I) the Social Security Administration, Internal Revenue 
     Service, or by any other Federal, State, or local government 
     agency;
       ``(II) an employer; or
       ``(III) a labor union, day labor center, or an organization 
     that assists workers in matters related to employment.

       ``(ii) Other documents.--An alien who is unable to submit a 
     document described in subclauses (I) through (III) of clause 
     (i) may satisfy the requirement in subparagraph (A) by 
     submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     including--

       ``(I) bank records;
       ``(II) business records;
       ``(III) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work; or
       ``(IV) remittance records.

       ``(iii) Intent of congress.--It is the intent of Congress 
     that the requirement in this subsection be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.
       ``(iv) Burden of proof.--An alien who is applying for 
     adjustment of status under this section has the burden of 
     proving by a preponderance of the evidence that the alien has 
     satisfied the requirements of this subsection. An alien may 
     meet such burden of proof by producing sufficient evidence to 
     demonstrate such employment as a matter of reasonable 
     inference.
       ``(3) Admissibility.--
       ``(A) In general.--The alien shall establish that such 
     alien--
       ``(i) is admissible to the United States, except as 
     provided as in (B); and
       ``(ii) has not assisted in the persecution of any person or 
     persons on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(B) Grounds not applicable.--The provisions of paragraphs 
     (5), (6)(A), and (7) of section 212(a) shall not apply.
       ``(C) Waiver.--The Secretary of Homeland Security may waive 
     any other provision of section 212(a), or a ground of 
     ineligibility under paragraph (4), in the case of individual 
     aliens for humanitarian purposes, to assure family unity, or 
     when it is otherwise in the public interest.
       ``(4) Ineligible.--The alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(A) has been ordered excluded, deported, removed, or to 
     depart voluntarily from the United States; or
       ``(B) fails to comply with any request for information by 
     the Secretary of Homeland Security.
       ``(5) Medical examination.--The alien may be required, at 
     the alien's expense, to undergo such a medical examination 
     (including a determination of immunization status) as is 
     appropriate and conforms to generally accepted professional 
     standards of medical practice.
       ``(6) Termination.--The Secretary of Homeland Security may 
     terminate an alien's Deferred Mandatory Departure status if--
       ``(A) the Secretary of Homeland Security determines that 
     the alien was not in fact eligible for such status; or
       ``(B) the alien commits an act that makes the alien 
     removable from the United States.
       ``(7) Application content and waiver.--
       ``(A) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining Deferred 
     Mandatory Departure status.
       ``(B) Content.--In addition to any other information that 
     the Secretary requires to determine an alien's eligibility 
     for Deferred Mandatory Departure, the Secretary shall require 
     an alien to answer questions concerning the alien's physical 
     and mental health, criminal history, gang membership, 
     renunciation of gang affiliation, immigration history, 
     involvement with groups or individuals that have engaged in 
     terrorism, genocide, persecution, or who seek the overthrow 
     of the United States Government, voter registration history, 
     claims to United States citizenship, and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security shall 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of obtaining Deferred Mandatory 
     Departure status, the alien agrees to waive any right to 
     administrative or judicial review or appeal of an immigration 
     officer's determination as to the alien's eligibility, or to 
     contest any removal action, other than on the basis of an 
     application for asylum or restriction of removal pursuant to 
     the provisions contained in section 208 or 241(b)(3), or 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, or cancellation of removal pursuant to 
     section 240A(a).
       ``(D) Knowledge.--The Secretary of Homeland Security shall 
     require an alien to include with the application a signed 
     certification in which the alien certifies that the alien has 
     read and understood all of the questions and statements on 
     the application form, and that the alien certifies under 
     penalty of perjury under the laws of the United States that 
     the application, and any evidence submitted with it, are all 
     true and correct, and that the applicant authorizes the 
     release of any information contained in the application and 
     any attached evidence for law enforcement purposes.
       ``(c) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process is secure and 
     incorporates antifraud protection. The Secretary of Homeland 
     Security shall interview an alien to determine eligibility 
     for Deferred Mandatory Departure status and shall utilize 
     biometric authentication at time of document issuance.
       ``(2) Initial receipt of applications.--The Secretary of 
     Homeland Security shall begin accepting applications for 
     Deferred Mandatory Departure status not later than 3 months 
     after the date on which the application form is first made 
     available.
       ``(3) Application.--An alien must submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date on which the application form is 
     first made available. An alien that fails to comply with this 
     requirement is ineligible for Deferred Mandatory Departure 
     status.
       ``(4) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for Deferred 
     Mandatory Departure status are processed not later than 12 
     months after the date on which the application form is first 
     made available.
       ``(d) Security and Law Enforcement Background Checks.--An 
     alien may not be granted Deferred Mandatory Departure status 
     unless the alien submits biometric data in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security may not grant Deferred 
     Mandatory Departure status until all appropriate background 
     checks are completed to the satisfaction of the Secretary of 
     Homeland Security.
       ``(e) Acknowledgment.--
       ``(1) In general.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(A) an acknowledgment made in writing and under oath that 
     the alien--
       ``(i) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(ii) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(B) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(C) any false or fraudulent documents in the alien's 
     possession.
       ``(2) Use of information.--None of the documents or other 
     information provided in accordance with paragraph (1) may be 
     used in a criminal proceeding against the alien providing 
     such documents or information.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     grant Deferred Mandatory Departure status to an alien who 
     meets the requirements of this section for a period not to 
     exceed 3 years.

[[Page S2670]]

       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure shall--
       ``(A) depart from the United States before the expiration 
     of the period of Deferred Mandatory Departure status;
       ``(B) register with the Secretary of Homeland Security at 
     the time of departure; and
       ``(C) surrender any evidence of Deferred Mandatory 
     Departure status at the time of departure.
       ``(3) Application for readmission.--An alien under this 
     section may apply for admission to the United States as an 
     immigrant or nonimmigrant while in the United States or from 
     any location outside of the United States, but may not be 
     granted admission until the alien has departed from the 
     United States in accordance with paragraph (2).
       ``(4) Effect of readmission on spouse or child.--The spouse 
     or child of an alien granted Deferred Mandatory Departure and 
     subsequently granted an immigrant or nonimmigrant visa before 
     departing the United States shall be--
       ``(A) deemed to have departed under this section upon the 
     successful admission of the principal alien; and
       ``(B) eligible for the derivative benefits associated with 
     the immigrant or nonimmigrant visa granted to the principal 
     alien without regard to numerical caps related to such visas.
       ``(5) Waivers.--The Secretary of Homeland Security may 
     waive the departure requirement under this subsection if the 
     alien--
       ``(A) is granted an immigrant or nonimmigrant visa; and
       ``(B) can demonstrate that the departure of the alien would 
     create a substantial hardship on the alien or an immediate 
     family member of the alien.
       ``(6) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and who 
     departs before the expiration of such status--
       ``(A) shall not be subject to section 212(a)(9)(B); and
       ``(B) if otherwise eligible, may immediately seek admission 
     as a nonimmigrant or immigrant.
       ``(7) Failure to depart.--An alien who fails to depart the 
     United States prior to the expiration of Mandatory Deferred 
     Departure status is not eligible and may not apply for or 
     receive any immigration relief or benefit under this Act or 
     any other law for a period of 10 years, with the exception of 
     section 208 or 241(b)(3) or the Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, in the case 
     of an alien who indicates either an intention to apply for 
     asylum under section 208 or a fear of persecution or torture.
       ``(8) Penalties for delayed departure.--An alien who fails 
     to depart immediately shall be subject to--
       ``(A) no fine if the alien departs not later than 1 year 
     after the grant of Deferred Mandatory Departure;
       ``(B) a fine of $2,000 if the alien does not depart within 
     2 years after the grant of Deferred Mandatory Departure; and
       ``(C) a fine of $3,000 if the alien does not depart within 
     3 years after the grant of Deferred Mandatory Departure.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status shall be 
     machine-readable and tamper-resistant, shall allow for 
     biometric authentication, and shall comply with the 
     requirements under section 403 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note). The Secretary of Homeland Security is authorized 
     to incorporate integrated-circuit technology into the 
     document. The Secretary of Homeland Security shall consult 
     with the Forensic Document Laboratory in designing the 
     document. The document may serve as a travel, entry, and work 
     authorization document during the period of its validity. The 
     document may be accepted by an employer as evidence of 
     employment authorization and identity under section 
     274A(b)(1)(B).
       ``(h) Terms of Status.--
       ``(1) Reporting.--During the period of Deferred Mandatory 
     Departure, an alien shall comply with all registration 
     requirements under section 264.
       ``(2) Travel.--
       ``(A) An alien granted Deferred Mandatory Departure is not 
     subject to section 212(a)(9) for any unlawful presence that 
     occurred prior to the Secretary of Homeland Security granting 
     the alien Deferred Mandatory Departure status.
       ``(B) Under regulations established by the Secretary of 
     Homeland Security, an alien granted Deferred Mandatory 
     Departure--
       ``(i) may travel outside of the United States and may be 
     readmitted if the period of Deferred Mandatory Departure 
     status has not expired; and
       ``(ii) must establish at the time of application for 
     admission that the alien is admissible under section 212.
       ``(C) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (B) shall not 
     extend the period of Deferred Mandatory Departure status.
       ``(3) Benefits.--During the period in which an alien is 
     granted Deferred Mandatory Departure under this section--
       ``(A) the alien shall not be considered to be permanently 
     residing in the United States under the color of law and 
     shall be treated as a nonimmigrant admitted under section 
     214; and
       ``(B) the alien may be deemed ineligible for public 
     assistance by a State (as defined in section 101(a)(36)) or 
     any political subdivision thereof which furnishes such 
     assistance.
       ``(i) Prohibition on Change of Status or Adjustment of 
     Status.--Before leaving the United States, an alien granted 
     Deferred Mandatory Departure status may not apply to change 
     status under section 248.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(k) Family Members.--
       ``(1) In general.--Subject subsection (f)(4), the spouse or 
     child of an alien granted Deferred Mandatory Departure status 
     is subject to the same terms and conditions as the principal 
     alien.
       ``(2) Application fee.--
       ``(A) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure status shall submit, in addition 
     to any other fee authorized by law, an additional fee of 
     $500.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove aliens 
     who are removable under section 237.
       ``(l) Employment.--
       ``(1) In general.--An alien who has applied for or has been 
     granted Deferred Mandatory Departure status may be employed 
     in the United States.
       ``(2) Continuous employment.--An alien granted Deferred 
     Mandatory Departure status must be employed while in the 
     United States. An alien who fails to be employed for 60 days 
     is ineligible for hire until the alien has departed the 
     United States and reentered. The Secretary of Homeland 
     Security may reauthorize an alien for employment without 
     requiring the alien's departure from the United States.
       ``(m) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of the Social Security system, shall implement a system to 
     allow for the enumeration of a Social Security number and 
     production of a Social Security card at the time the 
     Secretary of Homeland Security grants an alien Deferred 
     Mandatory Departure status.
       ``(n) Penalties for False Statements in Application for 
     Deferred Mandatory Departure.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(o) Relation to Cancellation of Removal.--With respect to 
     an alien granted Deferred Mandatory Departure status under 
     this section, the period of such status shall not be counted 
     as a period of physical presence in the United States for 
     purposes of section 240A(a), unless the Secretary of Homeland 
     Security determines that extreme hardship exists.
       ``(p) Waiver of Rights.--An alien is not eligible for 
     Deferred Mandatory Departure status, unless the alien has 
     waived any right to contest, other than on the basis of an 
     application for asylum, restriction of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, or cancellation of removal pursuant to 
     section 240A(a), any action for deportation or removal of the 
     alien that is instituted against the alien subsequent to a 
     grant of Deferred Mandatory Departure status.
       ``(q) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of Deferred 
     Mandatory Departure status is solely within the discretion of 
     the Secretary of Homeland Security. Notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary, other 
     than the granting of relief under section 208(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party

[[Page S2671]]

     or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority of the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.), as amended by this title, is further amended 
     by inserting after the item relating to section 245B the 
     following:

``245C. Mandatory Departure and Reentry.''.

       (3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8 
     U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6 
     months in the case of an alien granted Deferred Mandatory 
     Departure status under section 245C)'' after ``imposed''.
       (4) Statutory construction.--Nothing in this subsection, or 
     any amendment made by this subsection, shall be construed to 
     create any substantive or procedural right or benefit that is 
     legally enforceable by any party against the United States or 
     its agencies or officers or any other person.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such amounts as may be necessary for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     the amendments made by this subsection.
       (d) Correction of Social Security Records.--Section 
     208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is 
     amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) whose status is adjusted to that of lawful permanent 
     resident under section 245B of the Immigration and 
     Nationality Act,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred prior to the date on 
     which the alien became lawfully admitted for temporary 
     residence.''.
       On page __, strike line _ and all that follows through page 
     __, line _, and insert the following:

     SEC. __. FAMILY REUNIFICATION.

       (a) Treatment of Immediate Relatives With Respect to the 
     Family Immigration Cap.--
       (1) Exemption of immediate relatives from family sponsored 
     immigrant cap.--Section 201(c)(1)(A) (8 U.S.C. 1151(c)(1)(A)) 
     is amended by striking clauses (i), (ii), and (iii) and 
     inserting the following:
       ``(i) 480,000, minus
       ``(ii) the number computed under paragraph (3), plus
       ``(iii) the number (if any) computed under paragraph 
     (2).''.
       (2) Technical and conforming amendments.--Section 201(c) (8 
     U.S.C. 1151(c)) is amended--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (2), (3), and (4), respectively.
       (b) Reclassification of Spouses and Minor Children of Legal 
     Permanent Residents as Immediate Relatives.--
       (1) Immediate relatives.--Section 201(b)(2)(A)(i) (8 U.S.C. 
     1151(b)(2)(A)(i)) is amended--
       (A) in the first sentence, by inserting ``or the spouses 
     and children of aliens lawfully admitted for permanent 
     residence,'' after ``United States,'';
       (B) in the second sentence--
       (i) by inserting ``or lawful permanent resident'' after 
     ``citizen'' each place that term appears; and
       (ii) by inserting ``or lawful permanent resident's'' after 
     ``citizen's'' each place that term appears;
       (C) in the third sentence, by inserting ``or the lawful 
     permanent resident loses lawful permanent resident status'' 
     after ``United States citizenship''; and
       (D) by adding at the end the following: ``A spouse or 
     child, as defined in subparagraph (A), (B), (C), (D), or (E) 
     of section 101(b)(1), shall be entitled to the same status, 
     and the same order of consideration provided in the 
     respective subsection, if accompanying or following to join 
     the spouse or parent. The same treatment shall apply to 
     parents of citizens of the United States being entitled to 
     the same status, and the same order of consideration provided 
     in the respective subsection, if accompanying or following to 
     join their daughter or son.''.
       (2) Allocation of immigrant visas.--Section 203(a) (8 
     U.S.C. 1153(a)) is amended--
       (A) in paragraph (1), by striking ``23,400'' and inserting 
     ``38,000'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Unmarried sons and unmarried daughters of permanent 
     resident aliens.--Qualified immigrants who are the unmarried 
     sons or unmarried daughters (but are not the children) of an 
     alien lawfully admitted for permanent residence shall be 
     allocated visas in a number not to exceed 60,000 plus the 
     number (if any) by which such worldwide level exceeds 
     226,000, plus any visas not required for the class specified 
     in paragraph (1).'';
       (C) in paragraph (3), by striking ``23,400'' and inserting 
     ``38,000''; and
       (D) in paragraph (4), by striking ``65,000'' and inserting 
     ``90,000''.
       (3) Rules for determining whether certain aliens are 
     immediate relatives.--Section 201(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(f)) is amended--
       (A) in paragraph (1), by striking ``paragraphs (2) and 
     (3),'' and inserting ``paragraph (2),'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (4) Numerical limitation to any single foreign state.--
     Section 202 (8 U.S.C. 1152) is amended--
       (A) in subsection (a)(4)--
       (i) by striking subparagraphs (A) and (B);
       (ii) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (A) and (B), respectively; and
       (iii) in subparagraph (A), as redesignated, by striking 
     ``section 203(a)(2)(B)'' and inserting ``section 203(a)(2)''; 
     and
       (B) in subsection (e), in the flush matter following 
     paragraph (3), by striking ``, or as limiting the number of 
     visas that may be issued under section 203(a)(2)(A) pursuant 
     to subsection (a)(4)(A)''.
       (5) Allocation of immigration visas.--Section 203(h) (8 
     U.S.C. 1153(h)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsections (a)(2)(A) and (d)'' and inserting ``subsection 
     (d)'';
       (ii) in subparagraph (A), by striking ``becomes available 
     for such alien (or, in the case of subsection (d), the date 
     on which an immigrant visa number became available for the 
     alien's parent),'' and inserting ``became available for the 
     alien's parent,''; and
       (iii) in subparagraph (B), by striking ``applicable'';
       (B) in paragraph (2), by striking ``The petition'' and all 
     that follows through the period and inserting ``The petition 
     described in this paragraph is a petition filed under section 
     204 for classification of the alien's parent under subsection 
     (a), (b), or (c).''; and
       (C) in paragraph (3), by striking ``subsections (a)(2)(A) 
     and (d)'' and inserting ``subsection (d)''.
       (6) Procedure for granting immigrant status.--Section 204 
     (8 U.S.C. 1154) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)--

       (I) in clause (iii)--

       (aa) by inserting ``or legal permanent resident'' after 
     ``citizen'' each place that term appears; and
       (bb) in subclause (II)(aa)(CC)(bbb), by inserting ``or 
     legal permanent resident'' after ``citizenship'';

       (II) in clause (iv)--

       (aa) by inserting ``or legal permanent resident'' after 
     ``citizen'' each place that term appears; and
       (bb) by inserting ``or legal permanent resident'' after 
     ``citizenship'';

       (III) in clause (v)(I), by inserting ``or legal permanent 
     resident'' after ``citizen''; and
       (IV) in clause (vi)--

       (aa) by inserting ``or legal permanent resident status'' 
     after ``renunciation of citizenship''; and
       (bb) by inserting ``or legal permanent resident'' after 
     ``abuser's citizenship'';
       (ii) by striking subparagraph (B);
       (iii) by redesignating subparagraphs (C) through (J) as 
     subparagraphs (B) through (I), respectively;
       (iv) in subparagraph (B), as so redesignated, by striking 
     ``subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and 
     inserting ``clause (iii) or (iv) of subparagraph (A)''; and
       (v) in subparagraph (I), as so redesignated--

       (I) by striking ``or clause (ii) or (iii) of subparagraph 
     (B)''; and
       (II) by striking ``under subparagraphs (C) and (D)'' and 
     inserting ``under subparagraphs (B) and (C)'';

       (B) by striking subsection (a)(2);
       (C) in subsection (h), by striking ``or a petition filed 
     under subsection (a)(1)(B)(ii)''; and
       (D) in subsection (j), by striking ``subsection (a)(1)(D)'' 
     and inserting ``subsection (a)(1)(C)''.
       (c) Exceptions.--Section 212(a)(9)(B)(iii) (8 U.S.C. 
     1182(a)(9)(B)(iii)) is amended by adding at the end the 
     following:

       ``(V) Spouses, children, and parents.--The provisions of 
     this subparagraph and subparagraph (C)(i)(I) shall be waived 
     for

[[Page S2672]]

     spouses and children of legal permanent residents or citizens 
     of the United States and parents of citizens of the United 
     States (as such terms are defined in section 201(b)(2)(A)(i)) 
     on whose behalf a petition was filed under section 203 on or 
     before the date of introduction of the Immigrant 
     Accountability Act of 2006, or who are derivative 
     beneficiaries of such a petition.''.

                                 ______
                                 
  SA 3210. Mr. BINGAMAN proposed an amendment to amendment SA 3192 
submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the 
bill S. 2454, to amend the Immigration and Nationality Act to provide 
for comprehensive reform and for other purposes; as follows:

       At the appropriate place, insert the following:

               TITLE __BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2006''

     SEC. __02. FINDINGS.

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

     SEC. __03. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants to an eligible law enforcement agency to provide 
     assistance to such agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2007 through 2011 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.

     SEC. __04. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
                                 ______
                                 
  SA 3211. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 232. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

       (a) In General.--Section 214(c)(4)(A) (8 U.S.C. 
     1184(c)(4)(A)) is amended by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i)(I) performs as an athlete, individually or as part of 
     a group or team, at an internationally recognized level of 
     performance,
       ``(II) is a professional athlete, as defined in section 
     204(i)(2),
       ``(III) performs as an athlete, or as a coach, as part of a 
     team or franchise that is located in the United States and a 
     member of a foreign league or association of 15 or more 
     amateur sports teams, if--
       ``(aa) the foreign league or association is the highest 
     level of amateur performance of that sport in the relevant 
     foreign country,
       ``(bb) participation in such league or association renders 
     players ineligible, whether on a temporary or permanent 
     basis, to earn a scholarship in, or participate in, that 
     sport at a college or university in the United States under 
     the rules of the National Collegiate Athletic Association 
     (NCAA), and
       ``(cc) a significant number of the individuals who play in 
     such league or association are drafted by a major sports 
     league or a minor league affiliate of such a sports league, 
     or
       ``(IV) is a professional athlete or amateur athlete who 
     performs individually or as part of a group in a theatrical 
     ice skating production, and
       ``(ii) seeks to enter the United States temporarily and 
     solely for the purpose of performing--
       ``(I) as such an athlete with respect to a specific 
     athletic competition, or
       ``(II) in the case of an individual described in clause 
     (i)(IV), in a specific theatrical ice skating production or 
     tour.''.

[[Page S2673]]

       (b) Advisory Opinions.--Section 214(c) (8 U.S.C. 1184(c)) 
     is amended--
       (1) in paragraph (4)(D), by inserting ``(other than with 
     respect to aliens seeking entry under subclause (II), (III), 
     or (IV) of subparagraph (A)(i) of this paragraph),'' after 
     ``101(a)(15)(P)''; and
       (2) in paragraph (6)(A)(iii), by inserting ``(other than 
     with respect to aliens seeking entry under subclause (II), 
     (III), or (IV) of paragraph (4)(A)(i))'' after 
     ``101(a)(15)(P)(i)''.
       (c) Petitions for Multiple Aliens.--Section 214(c)(4) (8 
     U.S.C. 1184(c)(4)) is amended by adding at the end the 
     following new paragraph:
       ``(F) The Secretary of Homeland Security shall permit a 
     petition under this subsection to seek classification of more 
     than one alien as a nonimmigrant under section 
     101(a)(15)(P)(i)(a). The fee charged for such a petition may 
     not be more than the fee charged for a petition seeking 
     classification of one such alien.''.
       (d) Relationship to Other Provisions of the Immigration and 
     Nationality Act.--Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as 
     amended by subsection (c), is further amended by adding at 
     the end the following new paragraph:
       ``(G) Notwithstanding any other provision of this title, 
     the Secretary of Homeland Security shall permit an athlete, 
     or the employer of an athlete, to seek admission to the 
     United States for such athlete under a provision of this Act 
     other than section 101(a)(15)(P)(i).''.
                                 ______
                                 
  SA 3212. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SOUTHWEST BORDER SECURITY TASK FORCE.

       (a) Short Title.--This section may be cited as the 
     ``Southwest Border Security Task Force Act of 2006''.
       (b) Southwest Border Security Task Force Program.--
       (1) Establishment.--The Secretary shall establish a 
     Southwest Border Security Task Force Program to--
       (A) facilitate local participation in providing 
     recommendations regarding steps to enhance border security; 
     and
       (B) provide financial and other assistance in implementing 
     such recommendations.
       (2) Number.--In carrying out the program established under 
     paragraph (1), the Secretary shall establish at least 1 
     Border Security Task Force (referred to in this section as a 
     ``Task Force'') in each State that is adjacent to the 
     international border between the United States and Mexico.
       (3) Membership.--Each Task Force shall be composed of 
     representatives from--
       (A) relevant Federal agencies;
       (B) State and local law enforcement agencies;
       (C) State and local government;
       (D) community organizations;
       (E) Indian tribes; and
       (F) other interested parties.
       (4) Chairman.--Each Task Force shall select a Chairman from 
     among its members.
       (5) Recommendations.--Not later than 9 months after the 
     date of enactment of this Act, and annually thereafter, each 
     Task Force shall submit a report to the Secretary 
     containing--
       (A) specific recommendations to enhance border security 
     along the international border between the State in which 
     such Task Force is located and Mexico; and
       (B) a request for financial and other resources necessary 
     to implement the recommendations during the subsequent fiscal 
     year.
       (c) Border Security Grants.--
       (1) Grants authorized.--The Secretary shall award a grant 
     to each Task Force submitting a request under subsection 
     (b)(5)(B) to the extent that--
       (A) sufficient funds are available; and
       (B) the request is consistent with the Nation's 
     comprehensive border security strategy.
       (2) Minimum amount.--Not less than 1 Task Force in each of 
     the States bordering Mexico shall be eligible to receive a 
     grant under this subsection in an amount not less than 
     $500,000.
       (3) Report.--Not later than 90 days after the end of each 
     fiscal year for which Federal financial assistance or other 
     resources were received by a Task Force, the Task Force shall 
     submit a report to the Secretary describing how such 
     financial assistance or other resources were used by the Task 
     Force and by the organizations that its members represent.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for each of fiscal years 2007 
     through 2010 to carry out this section.
                                 ______
                                 
  SA 3213. Mr. ALLARD submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPREHENSIVE METHAMPHETAMINE PLAN.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the President, in coordination with 
     the Secretary of State, the Attorney General, and the 
     Secretary of Homeland Security, shall submit to the Chairman 
     of Committee on the Judiciary of the Senate and the Chairman 
     of the Committee on the Judiciary of the House of 
     Representatives a formal plan that outlines the diplomatic, 
     law enforcement, and other procedures that the Federal 
     Government should implement to reduce the amount of 
     Methamphetamine being trafficked into the United States.
       (b) Contents of Plan.--The plan under subsection (a) shall, 
     at a minimum, include--
       (1) a specific timeline for engaging elected and diplomatic 
     officials in a bilateral process focused on developing a 
     framework to reduce the inflow of Methamphetamine into the 
     United States;
       (2) a specific plan to engage the 5 countries who export 
     the most psuedoephedrine, ephedrine, phenylpropanolamine, and 
     other such Methamphetamine precursor chemicals during 
     calendar year preceding the year in which the plan is 
     prepared; and
       (3) a specific funding request that outlines what, if any, 
     additional appropriations are needed to secure the border, 
     ports of entry, or any other Methamphetamine trafficking 
     windows that are currently being exploited by Methamphetamine 
     traffickers.
       (c) GAO Report.--Not later than 100 days after the date of 
     enactment of this Act, the Government Accountability Office 
     shall prepare and submit to the committees of Congress 
     referred to in subsection (a), a report to determine whether 
     the President is in compliance with this section.

                          ____________________